"The ADBL" means AVADO Learning Limited trading as the ADBL.
“AVADO” means AVADO Learning Limited (the “Training Provider”) who will provide the Course; Registered in England number 6177616. Registered Office address: Landmark House, Hammersmith Bridge Road, London, W6 9EJ
1.1 In these Terms and Conditions ("Terms") unless specified the following words shall have the following meanings:
"App" means any mobile application developed by AVADO;
"Brochure" means the Training Provider’s brochure used to describe and promote the Course;
"Course" means the ADBL course as described on the Site and in the Brochure, and consists of associated Materials, Services and Online Access;
"Course Start Date" means the date of commencement of a Course, as listed in the Site and Brochure, and as confirmed in the Order;
"Intellectual Property Rights" means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, ideas, copyright (including rights in computer software), database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;
“Materials” means teaching materials of any nature whether physical or electronic which are used in the delivery of the Course including but not limited to reports, presentations, videos, websites, web pages, graphics, copy, blog entries, quotes, potential names/trademarks, research, configurations and audio recordings.
“Online Access” means access to the Training Provider’s online learning community and online learning material (the "Online Learning Environment");
"Order" means an order submitted by you to us to procure a Course for you from the Training Provider.
"Price" means the price of the Course confirmed in the Order (including VAT where applicable);
"Site" means the Training Provider’s website used to describe and promote the Course (www.theadbl.com);
“Student Output” means any content that is produced by the student as part of the Course including but not limited to reports, presentations, videos, websites, web pages, graphics, copy, blog entries, quotes, potential names/trademarks, research, configurations and audio recordings.
"Tutor Support" means the tuition relating to the Course and is provided by tutors appointed by the Training Provider.
2.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with the Course ordered by you. You should understand that by ordering the Course you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2 These Terms shall govern the sale to you of the Course from us as well as the provision to you of the Course by the Training Provider.
2.3 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.4 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately if there are any changes in the details which you provided to place and confirm an Order.
2.5 We reserve the right to:
(a) suspend or terminate access to Online Access and/or cease to provide the Services where you are in breach of these Terms;
(b) delete, vary or change any content in the Brochure or Site at any time;
(c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default).
3.1 The Price for the Course must be paid in full prior to the Course Start Date, or as otherwise defined in the Order.
3.2 If you fail to make payments on time as defined in the Order, we will suspend the Services and Online Access until appropriate payment has been received.
3.3 The Price for the Course is payable by you prior to delivery, and shall be payable by you in full by credit/debit card or by you entering into a Credit Agreement. Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause 4.
3.4 Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause 4.
4 ORDER AND DELIVERY OF THE COURSE
4.1 An Order shall be deemed to be an offer by you to purchase the Course on these Terms, which we shall be free to accept or decline at our absolute discretion.
4.2 The Training Provider will grant Online Access and send login details to the last email address provided to us. Proof of delivery of login details (or use of the Online Learning Environment) will bind you to these Terms.
5.1 By accepting these Terms, you also agree to the provision by the Training Provider of the Services set out in this Clause 5.
5.2 We or the Training Provider may sub-contract our obligations under these Terms (including without limitation the provision of the Tutor Support) to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
6 ONLINE ACCESS
6.1 As part of your course you may need to log on to the Online Learning Environment to access Materials and complete your Course. Whilst doing so you agree to abide by the rules of the Online Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the Online Learning Environment in the event that you breach any of these Terms or the rules of the Online Learning Environment.
6.2 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose to gain Online Access remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us or the Training Provider immediately
6.3 We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected.
7 INTELLECTUAL PROPERTY RIGHTS
7.1 The Intellectual Property Rights in the Course, Materials and the Online Learning Environment are owned by and shall remain vested in the Training Provider and its licensors.
7.2 The Intellectual Property Rights in the Student Output shall be owned by and shall remain vested in the Training Provider and its licensors.
7.3 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Course, Materials, Online Learning Environment or Student Output.
7.4 By agreeing to these Terms we procure that the Training Provider grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course only for your own personal use and for completing the Course.
7.5 You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course or use (other than as permitted under these Terms) reproduce or deal in the Course or any part thereof in any way.
7.6 Where Online Access is granted by the Training Provider you agree that:
(a) the licence granted to you to access the content on the Online Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the Online Learning Environment as applicable from time to time;
(b) upon termination or in circumstances where payment has not been received by us in respect of the Course in full we may suspend or terminate your Online Access.
8 USE OF YOUR DATA
9.1. If you are acting as a consumer as defined in the Consumer Contracts Regulation 2014, you have a statutory right to cancel any distance contract within 14 working days of the date of purchase as long as you have not yet accessed the relevant Course.
9.1.1 Accordingly, you may cancel an Order during the period up until the relevant Course is delivered (which shall for this purpose be defined as access by you to the Materials or the Online Learning Environment) or the end of 14 working days from the date of purchase, whichever is shorter ("Consumer Cancellation Period").
9.1.2 If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period we shall refund to you the payment already received for the relevant Course.
9.1.3 If you are acting as a consumer and cancel an Order outside the Consumer Cancellation Period, any payment already received for the relevant Course shall be non-refundable.
9.2 In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following refund and deferral policy (where there is no legal right to a refund under the Consumer Contracts Regulation 2014 or otherwise).
9.2.1 You may defer the start date of your Course at any time up to 14 days prior to the relevant Course Start Date, subject to availability on your chosen deferred date and upon payment by you of a course transfer fee of 20% of the full course value. You may only defer the start date of your Course once, and only up to a maximum of 3 months later than the original Course Start Date.
9.2.2 Once your Course has started, you may defer to the next available Course Start Date at the discretion of your tutor, subject to availability and upon payment by you of a course transfer fee of 20% of the full course value. You may only defer to a new Course Start Date once.
9.3 If you wish to cancel an Order you should, as soon as possible, contact the ‘Student Services’ department of the Training Provider by telephone, by email or in writing to its registered address. - Where AVADO is the Training Provider: email email@example.com
(such emails will be responded to between 8 am and 8 pm, Monday to Friday).
9.4 In the case where a refund to you is due, we will process such refund as soon as possible and, in any case, within thirty (30) days of the day you have given notice of your cancellation.
10.1 We may terminate the agreement set out in these Terms if:
(a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of fourteen (14) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your Online Access until such breach has been remedied;
(b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986);
(c) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights or damages our reputation
10.2 You will be entitled to terminate the agreement set out under these Terms under Clause 9 above.
10.3 If either party terminates the agreement set out in these Terms, you must (a) return all copies of the Materials to us and delete or destroy any copies thereof in your possession; and (b) cease using the Services and Online Access immediately.
11 LIMITATION OF LIABILITY
11.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of:
(a) death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
11.2 Other than in respect of liability referred to in Clause 11.1 (a) to (d), we shall not be liable for any indirect or consequential loss or damage whatsoever or for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.3 The information in the Training Provider’s Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or any liability for not doing so.
11.4 We cannot guarantee that the Online Learning Environment or the Materials are free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the Online Learning Environment or using the Materials. Technical inaccuracies and typographical errors may appear in the Materials and on the pages of the Online Learning Environment from time to time.
11.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
11.6 We reserve the right to change prices, information and specifications relating to the Course from time to time subject always to our commitments set out in Clause 3 above.
12 OTHER TERMS
12.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
12.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12.5 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.
12.7 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13 COMPLAINTS PROCEDURE
13.1 Our standard channel for all complaints is through the “Student Services” department of the Training Provider and all such communications should be directed to their registered address at AVADO,
Hammersmith Bridge Road,
London, W6 9EJ.
13.2 Where AVADO is the Training Provider: email firstname.lastname@example.org
or telephone: 0207 173 5901. Office hours are 8am-8pm Monday to Friday and Saturday 9.30am-4.30pm
13.3 Any complaints regarding any Credit Agreement that you may have entered into are governed by the Finance Providers complaints procedure. Please refer to the Terms and Conditions of your Credit Agreement.