Last updated 4 April 2006
Important Notice
Please read these Terms and Conditions carefully. They apply to you if you
use the Learner Areas and vision2learn Learning Programmes available via our
websites at www.vision2learn.com and www.creatingcareers.com.
If you do not agree with these Terms and Conditions, do not use these Learner
Areas and Learning Programmes.
Part A
General information about us
| Our name: |
We are Creating Careers Limited. We operate
our Websites in conjunction with our subsidiary company Vision2learn Limited. |
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| Our geographic address: |
1 Telford Court, Telford Park, Morpeth, Northumberland,
NE61 2DB. |
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| Our contact details: |
See the Contact us link on our Websites. |
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| Our VAT no: |
734 1545 46 |
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| Registers: |
Creating Careers Limited is a company registered in England
and Wales with company number 03885966 with its registered office situated
at 5 Horton Park, Berwick Hill Road, Seaton Burn, Newcastle Upon Tyne, NE13 6BU, UK. Vision2learn Limited is a company registered in England
and Wales with company number 03687904 whose registered office is also at
5 Horton Park, Berwick Hill Road, Seaton Burn, Newcastle Upon Tyne, NE13 6BU, UK. |
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How to enrol on a vision2learn course
Vision2learn courses are delivered and supported by a network of Education
Providers (such as further education colleges or training companies) through
our Websites. These are the steps you need to take to Enrol on a vision2learn
course.
(1) Register
You can register to use a vision2learn course online by completing our Course
Registration Form. When you have completed the Course Registration Form you
should ensure that the information you have given is accurate and correct
and then click on ‘Apply Now’. We will then check to see if there
is an Education Provider in your area supporting your selected course. If
we are able to do so we will allocate you to a suitable Education Provider
and will send you a course enrolment form on their behalf.
You may also register to use a vision2learn course via one of our Education
Providers in which case they will ask you to complete a course enrolment form.
Please note: When registering on any of vision2learn's NVQ programmes, you will need
to provide your current employment details. You should ensure that the information you
provide is accurate and correct, as your NVQ assessor may need to make contact with
your employer during your course.
(2) Complete your enrolment
On receipt of your completed course enrolment form, the Education Provider
will verify your details, assess your suitability for the Course and your
eligibility for funding. If you meet the necessary criteria you will be Enrolled
on the Course with the Education Provider and allocated to a tutor group.
Please note it may not be possible to Enrol you on a course in certain circumstances,
for example if there are no Education Providers in your area or if you are
not eligible for funding.
(3) Wait for your username and password
Once we have received confirmation from the Education Provider that you have
been Enrolled on the Course, we will contact you to confirm arrangements for
your Course and to issue you with a username and password. Only if and when
we issue you with a username and password will we have made a binding legal
contract with you.
(4) Access the Course
Upon receipt of your username and password you may access and use the Learner
Areas and Learning Programmes in accordance with the Terms and Conditions set
out in Part B.
Our Contract
The Contract between us will consist of (1) these Terms and Conditions, (2)
confirmation of your Enrolment and (3) our communication informing you of
your username and password. Any legal notices or terms appearing on our Websites,
including our Terms of use and Privacy policy, will also form part of the
Contract between us. We will not file the concluded Contract between us and
you should therefore (where appropriate) retain each element of the Contract.
We can only conclude a Contract with you in English and not in any other language.
PART B
| 1. |
Definitions |
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In these Terms and Conditions (Parts A and B) the following words
shall have the following meanings: |
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Contract means the contract between
us to enable you to access the Learner Areas and Learning Programmes
as set out in Part A (Our Contract) |
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Course means the vision2learn course
on which you have been Enrolled. A list of all vision2learn courses
currently available can be found on our Websites and we may add to
and remove courses from this list from time to time. |
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Learning Programmes means the online learning programmes required
by you to complete the Course, available in electronic format via
the Learner Areas. |
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Education Providers means third parties (for example
further education colleges or training companies) selected by us to
deliver the vision2learn courses via the Learner Areas. |
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Enrolment means your enrolment on the Course with
one of our Education Providers and the terms ‘Enrol’ and
‘Enrolled’ shall be construed accordingly. |
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Learner Areas means the password secured areas of
our Websites that are available to you following Enrolment and through
which the Learning Programmes are delivered. |
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Terms and Conditions means these standard terms and
conditions (Parts A and B). |
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Websites means our websites currently at www.vision2learn.com
and www.creatingcareers.com. |
| 2. |
Your Licence to use the Learner
Areas and Learning Programmes |
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2.1 |
On Enrolment, we grant you a non-exclusive, non-transferable licence
to use the Learner Areas and the Learning Programmes, subject to these
Terms and Conditions. |
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2.2 |
You are permitted to access and use the Learner Areas and Learning Programmes for the purpose of your own private study towards successful
completion of the Course. You may make hard copies of the Learning Programmes
for this purpose, provided that you do not permit any other person
to use them. |
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2.3 |
All other use or copying of the Learner Areas or Learning Programmes
other than as expressly permitted under the terms of this Contract
or permitted by law, is prohibited. |
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Delivery of the Course |
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3.1 |
We agree to assist with your Enrolment on the Course, as set out in
Part A and to provide you with access to the Learner Areas and Learning Programmes in accordance with these Terms and Conditions. |
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3.2 |
Save as set out in Clause 3.1, you acknowledge that delivery of the
Course shall be the responsibility of our Education Providers. In
particular (but without limitation) you agree that our Education Providers
shall be responsible to you for the provision of all tutorial, assessment
and administrative support, for arranging for funding and certification
in connection with your Course and for all other support, advice and
guidance in connection with your studies. |
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3.3 |
Our Education Providers may require you to enter into a separate
agreement with them. We have and accept no responsibility for the
terms imposed by our Education Providers. |
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What Charges do you have to Pay? |
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4.1 |
Subject to Clause 4.2, we currently make no charge for the use of
the Learner Areas and Learning Programmes by learners who are eligible
for funding and have Enrolled with one of our Education Providers. |
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4.2 |
If you do not complete your Course but nevertheless wish
to have registered and certified with the awarding body those units that
you have completed you may be required to pay the awarding body registration
and certification costs. |
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Security of Usernames and Passwords |
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5.1 |
You must not tell any other person your username and password or
permit any other person to use your username and password to access
the Learner Areas or Learning Programmes or access the Learner Areas
or Learning Programmes on any other person’s behalf. |
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5.2 |
You are responsible for maintaining the security of your username
and password. You must not leave your computer unattended whilst logged
on to the Learner Areas or using the Learning Programmes. You must not
write down or record your username and password in a way that would
allow another person to use them. |
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5.3 |
You will be held responsible for any unauthorised use that is made
of the Learner Areas or the Learning Programmes under your username or
password. |
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5.4 |
If you believe that another person has discovered your username and
password or that any unauthorised use has been made of your username
and password you must notify us immediately. |
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5.5 |
We reserve the right to suspend the use of your username and password
without notice if we believe that an unauthorised person may have
access to them. |
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Ownership of Material |
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6.1 |
You acknowledge that all copyright and other intellectual property
rights in the Websites, Learner Areas and the Learning Programmes are
and shall remain our property or the property of our licensors and
that you shall not by virtue of these Terms and Conditions obtain
or claim any right, title or interest in or to such copyright or intellectual
property rights except the limited rights of use granted under Clause
2. All rights not expressly granted under these Terms and Conditions
are reserved. |
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6.2 |
You grant us non-exclusive royalty-free perpetual irrevocable licence
to use any material you submit via our Websites or the Learner Areas,
for any lawful purpose in connection with the design, development,
delivery, quality inspection and audit of the Course. |
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Term and Termination |
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7.1 |
This Contract shall commence at the time of your Enrolment and (unless
terminated by us earlier under Clause 7.2) shall expire:
| 7.1.1 |
90 days after you have successfully completed the Course;
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| 7.1.2 |
12 months after your Enrolment if you have not completed
the Course within that time unless the Education Provider
has made arrangements for it to continue; or |
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| 7.1.3 |
at the time that our Education Provider withdraws you
from the course in accordance with any agreement you enter
into with them. |
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7.2 |
We may terminate this Contract immediately by notice in writing to you if:
| 7.2.1 |
You breach any term set out in these Terms and Conditions;
or |
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| 7.2.2 |
You breach the terms of any legal terms or notices displayed
on our Websites, the Learner Areas or the Learning Programmes
including (without limitation) our Terms of use and Privacy
policy. |
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7.3 |
On cancellation or expiry of this Contract all rights and licences
to use the Learner Areas and the Learning Programmes granted to you under
this Contract shall automatically cease and you will no longer be
able to access the Learner Areas or Learning Programmes. |
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Limitations of Service
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8.1 |
We have endeavoured to ensure that all Learning Programmes and information
we make available via our Websites and the Learner Areas are correct,
relevant, not misleading and secure, however, it is possible that
the information and materials are out of date, incomplete, inaccurate
or have been tampered with by third parties and we give no warranty
as to their integrity, completeness or accuracy. |
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8.2 |
We take reasonable steps to ensure that our Websites,
the Learner Areas and Learning Programmes are available and accessible
to permitted users. We do not warrant that our Websites, the Learner
Areas or Learning Programmes will be continuously available, or that
your use of our Websites, the Learner Areas or Learning Programmes will
be uninterrupted or error free or that the Websites or servers will
be free from attack. |
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8.3 |
We cannot guarantee that our Websites, the Learner Areas or Learning Programmes will be compatible with your computer hardware or software.
Please see the system
requirements page on our Websites for further information. |
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8.4 |
We cannot accept responsibility for the loss of any data which you
create or store on our Websites or in the Learner Areas. We suggest
that you back-up, print out and store all documents that you create. |
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8.5 |
While we do use some antivirus software to scan files that are uploaded
to or downloaded from our Websites, we cannot guarantee that this
software will be able to detect all known viruses and variants. There
is a risk involved whenever you download attachments to your computer
and we cannot be held responsible for any damage caused by your decision
to do so. |
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Complaints |
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9.1 |
We are committed to providing the highest quality standards in delivering
the services to our users. We aim to provide efficient and effective
service and take a serious view of any problems that do arise. We
aim to ensure that any complaints our users identify are dealt with
quickly. If you have any cause for complaint with regard to the Learner
Areas or the Learning Programmes please email: info@vision2learn.com. |
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9.2 |
If you have a legitimate complaint we will use our reasonable endeavours
to remedy any problem or defect in the Learner Areas or Learning Programmes. |
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9.3 |
The remedies listed in Clause 9.2 set out our entire responsibility
and liability to you under this Contract or in connection with the
provision of the Learner Areas and Learning Programmes and to the extent
the law permits us to do so we exclude all other liabilities and responsibilities
that we may have to you. |
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9.4 |
Nothing in these Terms and Conditions shall limit or exclude any
statutory rights you have as a consumer or other statutory rights
that may not be excluded by law, nor in any way limit or exclude our
liability to you for death or personal injury resulting from our negligence
or for fraudulent misrepresentation. |
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General |
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10.1 |
We reserve the right to amend these Terms and Conditions from time
to time. We recommend that you read these Terms and Conditions each
time you register to use a Course. |
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10.2 |
We shall not be responsible for any breach of our obligations under
these Terms and Conditions resulting from cause beyond our reasonable
control including but not limited to the acts or omissions of third
parties (including without limitation our Education Providers), changes
in Government policy, acts of God, earthquakes, inclement weather,
flood, drought, lightning or fire, explosion, strikes, industrial
action, war, military operations, terrorist attack, a denial of service
attack on the Websites or Learner Areas, insurrection or riots, embargoes,
shortages or regulations of any civil or military authority. |
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10.3 |
These Terms and Conditions and any other documents expressly incorporated
into our Contract by reference herein constitute the entire agreement
and understanding between us and supersede any previous agreement
or understanding between us relating to the subject matter of this
Contract. |
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10.4 |
You agree that in entering into this Contract you do not rely on
any statement or representation, warranty or understanding (whether
negligently or innocently made) of any person other than as expressly
set out in our Contract. |
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10.5 |
If any term set out in these Terms and Conditions is held to be invalid
or unenforceable in whole or in part the validity of the other terms
set out in these Terms and Conditions and the remainder of the term
in question shall not be affected. |
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10.6 |
This Contract is personal to you and you may not assign your rights
and obligations under this Contract without our prior written consent.
We shall be free to assign our rights and obligations set out in this
Contract. |
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10.7 |
No variation to this Contract shall be binding unless and until it
is expressed in writing and signed by both parties. |
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10.8 |
Subject to Clause 9.8, a person who is not a party to this Contract
has no right under the Contracts (Rights of Third Parties) Act 1999
to enforce any term of this Contract but this does not affect any
right or remedy of a third party which exists or is available apart
from that Act. |
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10.9 |
This Contract shall be governed by the laws of England and the parties
submit to the non-exclusive jurisdiction of the English courts. |
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