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Terms & conditions

Last updated: 29 October 2012

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, www.vision2learn.net. 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.
Our geographic address: Floor 1, Q15 Quorum Business Park, Benton Lane, Newcastle Upon Tyne, NE12 8BU.
Our contact details: See the Contact us link on our Websites.
Our VAT no: 618 1841 40
Registers: Creating Careers Limited is a company registered in England and Wales with company number 03885966 with its registered office situated at 17 Rochester Row, London, SW1P 1QT, UK. Vision2learn Limited is a company registered in England and Wales with company number 03687904 whose registered office is also at 17 Rochester Row, London, SW1P 1QT, UK.
Accreditation: Vision2learn courses are accredited by national awarding bodies: NCFE, Edexcel, OCR and City & Guilds.

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. We will carry out preliminary checks to assess your suitability for the course and your eligibility for Government funding. We use this information for our own monitoring purposes and we may share it with your Education Provider. If we are able to do so we will allocate you to an 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 may ask you to complete a course enrolment form.

Please note: When registering on certain vision2learn programmes, you may need to provide your current employment details. You should ensure that the information you provide is accurate and correct. In certain circumstances, your tutor or 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 may be Enrolled on the Course with the Education Provider and subject to availability of a tutor 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, if you are not eligible for funding or if there is no funding available.

(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

In these Terms and Conditions (Parts A and B) the following words shall have the following meanings:

Contract means the contract between us to enable you to access the Learner Areas and Learning Programmes as set out in Part A.

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.

Learning Programmes means the learning materials required by you to complete the Course, available in electronic format via the Learner Areas.

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.

Enrolment means your enrolment on the Course with one of our Education Providers and the terms ‘Enrol’ and ‘Enrolled’ shall be construed accordingly.

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.

Terms and Conditions means these standard terms and conditions (Parts A and B).

Websites means our websites currently at www.vision2learn.com, www.vision2learn.net.

2.    Your Licence to use the Learner Areas and Learning Programmes

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.

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.

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.

3.    Delivery of the Course

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.

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 registration with and certification from an Awarding Organisation in connection with your Course and for all other support, advice and guidance in connection with your studies.

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.

4.    What Charges do you have to Pay?

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.

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.

4.3 If you do not complete your course your Education Provider may charge you a penalty fee. In this case your Education Provider should notify you of this fact and the amount of the fee before you Enrol.

5.    Security of Usernames and Passwords

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.

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.

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.

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.

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.

6.    Ownership of Material

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.

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. You agree that any material you submit for the Course will be entirely your own work, and that we are entitled to remove any material which we consider is not your own work and report the removal to your Education Provider.

7.    Term and Termination

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;

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

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.

whichever happens first.

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

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.

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.

8.    Limitations of Service

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.

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.

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.

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.

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.

9.    Complaints

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.

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.

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.

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.

9.5 As soon as your Enrolment has been accepted by the Education Provider all responsibility for all aspects of your course and its delivery rests with your Education Provider. Any complaint that you may have from this point on must be raised with your Education Provider according to the terms of their particular complaints procedure.

9.6 We take equal opportunities for all our learners very seriously. If at any time during your studies you feel that you are being discriminated against on grounds of: age, disability, race, sex, religion or cultural beliefs, gender reassignment, marital status and civil partnership, sexual orientation or pregnancy and maternity, please inform us immediately. Equally our Complaints Policy Statement is also found in the "Resources" section. If you have any complaints please let us know.

We welcome complaints and promise to respond to them and review them to help us improve our service. The address for complaints of any sort is Complaints, Floor 1 Q15, Quorum Business Park, Benton Lane, Newcastle upon Tyne, NE12 8BU or complaints@vision2learn.com

10.   General

10.1. We reserve the right to amend these Terms and Conditions from time to time. You must read these Terms and Conditions each time you register to use a Course.

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.

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.

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.

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.

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.

10.7. No variation to this Contract shall be binding unless and until it is expressed in writing and signed by both parties.

10.8. 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.

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.