Terms & Conditions
GREAT CHATWELL ACADEMY OF LEARNING (GCAL)
Booking Terms and Conditions for our Courses
Standard Terms for the Purchase of GCALs Courses
These terms and conditions apply to Services provided by Great Chatwell Academy of Learning Ltd (company number 10847884) of Level 3, 45-47 High St, Newport TF10 7AT UK. (“GCAL” or “We” or “Us”).
You may contact us at email@example.com
These are the Terms under which We deliver the Course and make the Content available to You and should be read in conjunction with the Acceptable Use Policy and which apply to the sale of any GCAL Course. Please read these Terms carefully, and make sure that You understand them, before making any order on Our Site for the Course. Please note that before making an order for the Course You will be asked to agree to these Terms. If You refuse to accept these Terms. You will not be able to access the Course or Content from Our Site.
Confidential Information: information (in whatever format) that a reasonable person would consider to be proprietary or confidential in nature and/or is either clearly labelled as such and/or is identified as Confidential Information in clause 6.
Content: all content delivered or made available to You as part of the Course including, but not limited to, all materials and information made available through Our Site, and all other course learning materials, workshop materials, assessments, white papers, press releases, data sheets, product descriptions, brochures, frequently asked questions and answers, videos and webinars, instructions, tutorials, hand-out materials, document templates, files, presentation slides, software, and all other related information, documents and materials, in each case, supplied in any medium whatsoever.
Course: means the delivery by us of an online course pursuant to which you learn via course materials remotely and/ or a course taught by us in via a webinar setting to which you attend in person.
Course Fee: means the fee paid by you to GCAL for the Services.
Course Period: the period of time starting on the date the Course commences and the Content is made available to You and ending on the earlier of: (i) Your completion of the Course (as decided by Us); (ii) the termination of this Agreement in accordance with these Terms; or (iii) 90 days from the commencement of the Course.
Employer: The company that you are working for or a counterparty that is willingly to pay your Course Fees.
Enrolment Date: the date application and payment are received and accepted by GCAL.
Services: means the provision of Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
Terms: the terms and conditions set out herein.
Us, We, or Our: Great Chatwell Academy of Learning Limited, trading as Great Chatwell Academy of Learning Limited, a company registered under the laws of England and Wales with company number 10847884 and whose registered office address is at Level 3, 45-47 High St, Newport TF10 7AT.
Writing: includes email.
You or Your: the party entering into this Agreement with Us by accepting these Terms through Our Site.
- 2.1. A description of the Services together with the dates on which the Services will begin will be provided to you via the course particulars and/or on our website.
- 2.2. We reserve the right to vary or withdraw any of the Services described on the Website and/or course particulars without notice.
- 2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
- 2.4. We will deliver the Course to You with reasonable skill and care.
- 2.5. We will use Our best endeavours to ensure that the Course is provided continuously and that Your access to Our Site and the Content is not interrupted by any event within Our control. We will use reasonable endeavours to notify You in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.
- 2.6. We will take reasonable steps to ensure that the Content and any data contained therein which We supply to You as part of the Course are virus-free.
3. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
- 3.1. Subject to acceptance by GCAL in accordance with clause 3.2 of these terms, these booking terms and conditions and the completed booking form constitute a legally binding Agreement between GCAL, you the student named in the booking form and the employer named in the booking form if applicable.
- 3.2. GCAL may, at its discretion, accept You or Your employer’s request for You to take a GCAL Course which may comprise one or more of course materials, access to the GCAL online learning management platform, workshops, masterclasses, assessments, and such other elements as GCAL may provide by:
- 3.2.1. issuing an invoice to the You or The Employer as advised by you; or
- 3.2.2. proceeding to provide the Student or the Employer with access to one or more of the Course Elements.
- 3.3. GCAL acceptance is subject to these terms to the exclusion of all others including without limitation any terms which the You or Your Employer purports to include within a purchase order, acknowledgment or payment confirmation.
- 3.4. This contract shall come into force from the date of acceptance by GCAL in accordance with clause 3.2 Enrolment Date and shall remain in force until it is terminated or completed in accordance with these terms.
- 3.5. After the Enrolment Date GCAL shall:
- 3.5.1. allow you to access and attend the Course as described in the Course particular via GCAL’s online learning management platform, virtual classrooms, webinars, masterclass;
- 3.5.2. decide how and when the Course is delivered.
- 3.5.3. determine course content, structure, and so determine the appropriate Course particulars; and
- 3.5.4. be free to make changes to the same during the term of this contract.
- 3.6. GCAL shall exercise reasonable skill and care in performing its obligations under this contract.
- 3.7. Our learning management platform will guide You through the steps that You need to take to order to subscribe for the Course and access the Content. Our order process allows You to check and amend any errors before submitting Your request to Us. Please take the time to read and check Your request for the Course at each stage of the order process.
- 3.8. Where your order consists of multiple Courses , each individual course will be treated by Us as a separate offer to purchase. Acceptance of Your offer to buy one or more courses will not be acceptance by Us of Your offer to purchase any other courses which make up your order.
4. CANCELLATION AND VARIATION
- 4.1. Subject to clause 4.2 below, where We have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.4 above, then you are permitted within 7 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
- 4.2. If you have purchased a Course and have already accessed, viewed, downloaded all or part of the Course and/or started to use that Course then you shall have no right to cancel your order.
- 4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of GCAL.
5. THE COURSE FEES
- 5.1. The Fees for the Services shall be as set out on the Website and/or as per our course particulars at the time you placed an order for them.
- 5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT, and include the cost of Course Materials and delivery of Course Material to You. Each of these costs will be set out in the Website and/or via the Course Particulars or told to you over the telephone prior to your purchase the Services.
- 5.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending or accessing any Online Course.
- 5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and GCAL shall not be responsible for these.
6. INTELLECTUAL PROPERTY
- 6.1. All Intellectual Property Rights in the Course Materials, Online Courses and the during the delivery of the Courses remain, the intellectual property of GCAL or its licensors, whether adapted, written for or customised for the Client or not.
- 6.2. You are not authorised to:-
- 6.2.1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- 6.2.2. record on video or audio tape, relay by videophone or other means
- 6.2.3. use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
- 6.2.4. remove any copyright or other notice of GCAL Ltd on the Course Materials;
- 6.2.5. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause shall allow us to immediately terminate this agreement held with you and to cease to provide you with any Services, including but not limited to access to the Online Courses.
- 6.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Course for the sole purpose of completing the Course.
- 6.4. You will defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with Your misuse of the Content.
- 7.1. Each party may be given access to Confidential Information from the other party in order to perform its obligations and enjoy its rights under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
- 7.1.1. is or becomes publicly known other than through any act or omission of the receiving party;
- 7.1.2. was in the other party’s lawful possession before the disclosure;
- 7.1.3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
- 7.1.4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
- 7.1.5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
- 7.2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
- 7.3. Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
- 7.4. This clause shall survive termination of this Agreement, however arising.
- 8.1. Although GCAL aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
- 8.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 8.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
- 8.3. Subject to clause 8.4 below, GCALs total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Course in relation to which a dispute has arisen.
- 8.4. Nothing in this Agreement shall exclude GCAL from any liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
- 8.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
- 8.6. Your responsibility in the event of unauthorised use: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You are responsible for the use of your profile in your Online learning management platform, and for maintaining it and all information on it. We take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
- 9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- (a) fail to pay when due your Fees;
- (b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of GCAL, or course contributors or other students;
- (c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- (d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Courses;
- (e) intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- (f) are intoxicated through alcohol or illegal drugs while attending our Courses;
- (g) commit any criminal offence committed on our property or where the victim is our employee or student;
- (h) are in breach of these terms and conditions.
- 9.2. On termination clause 6 (intellectual property rights), 7 (confidentiality) 8 (liability), and 10 (Assignment) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
11. DATA PROTECTION
- 11.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
- 11.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
- 11.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you request us not to
- 11.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
- 11.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
- 11.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
- 11.7. GCAL endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
- 11.8. We will share your personal data within the Fintek Ninjas Group 1(3803978) and its subsidiaries. GCAL is a wholly owned subsidiary of Fintek Ninjas.
- 11.9. We strive to provide you with choices regarding personal data uses, particularly around marketing and advertising. With your permission, we may:
- 11.9.1. Market to you by delivering marketing materials about GCAL and other companies within the Fintek Ninjas Group products and Services and any products and services of unaffiliated third-party businesses.
- 11.10. You have the right to withdraw consent to marketing at any time and free of charge. We will allow you to do this by updating your preference through our website or you can contact firstname.lastname@example.org
- 11.11. If you wish to change or update the data we hold about you, please e-mail email@example.com
12. LAW AND JURISDICTION
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.