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Terms and conditions This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) and services (Services) listed on our website http://www.getmecertified.co.uk/ (our site) to you. Please read these terms and conditions carefully before ordering any Products and Services from our site. You should understand that by ordering any of our Products and Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please tick the box marked "I have read and accept the Terms and Conditions of Use" on your purchase/ register page. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products and/or Services from our site.
Information About Us and Use of Your Information
1.1 http://www.getmecertified.co.uk/ is a site operated by Get Me Certified Limited (we). We are registered in England and Wales under company number 5615570 and with our registered office at Triton Court, 14 Finsbury Square, London, EC2A 1BR.
1.2 We are registered under the Data Protection Act 1998. By using our website and Products and/or Services you agree to our Privacy Policy which can be found at www.Get Me Certified-learning.com/privacy.php
Service and Product Availability
2.1 Our site is only intended for use by people who comply with these terms and conditions and who accept our privacy policy. Regardless of this we make no guarantees as to downtime of site or services and you accept there may be times when the site may not be accessed due to essential maintenance repairs or upgrading of services and/or products or for other reasons beyond our control.
Your Status
By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 16 years old;
Formation of Contract and Obligations
4.1 After placing an order on our website, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product and/or Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product and/or Service has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products and/or Services whose dispatch we have confirmed in the Dispatch Confirmation.
4.3 In providing you the Products and/or Services you agree that:
4.4.1 Once log in codes have been sent to you via post or email, a cancellation and subsequent refund cannot be given. This overrides all other clauses contained within this contract in respect to cancellation.
4.4.2 You cannot modify the course content without our prior notification and written consent;
4.4.3 You will not reveal your personal log in code to any other person or party without our prior written consent. Failure to conform to such practise may mean civil and criminal legal proceedings being taken against you and the other party for which you will indemnify us and any third parties associated with us in full.
4.4.4 You will not lend, sell, swap or otherwise compromise the integrity of your personal log-in details. You agree that log in codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain the purchase price paid by you.
4.4.5 You will safeguard log in codes and agree that replacement codes will not be generated by us at any rate exceeding one per day.
4.4.6 The duration of your course will last for one year from the date when your log in codes are sent to you. Should you wish to access the course after this time you will need to pay for a new subscription at the cost specified on the website for that course.
4.4.7 We may deny access to the course material if we deem this necessary in our absolute discretion.
4.4.8 You acknowledge that all Intellectual Property Rights in the Product and any modification shall belong to us so far as permitted by law and you shall have no rights in or to the Products other than the right to use it in accordance with the terms of this agreement.
4.4.9 You undertake at your own expense at our option to defend us or to settle any claim or action brought against us alleging that the possession or use of the Product (or any part thereof) by you infringes the UK Intellectual Property Rights of a third party (Infringement Claim) and you shall be responsible for any reasonable losses, damages, costs (including legal fees) and expenses incurred by or awarded against us as a result of or in connection with any such Infringement Claim. For the avoidance of doubt, this clause shall not apply where the Infringement Claim in question is attributable to the normal possession or normal use of the Product (or any part thereof) by you in accordance with the terms of this agreement.
4.4.10 The above is conditional on:
(a) You notifying us in writing, as soon as reasonably practicable, of any Infringement Claim of which it has notice;
(b) You not making any admission as to liability or compromise without our prior written consent, which consent shall not be unreasonably withheld or delayed; and
(c) we having, at your own expense, the conduct of or the right to settle all negotiations and litigation arising from any Infringement Claim and you giving us all reasonable assistance in connection with those negotiations and such litigation at our expense.
4.4.11 If any Infringement Claim is made, or in our reasonable opinion is likely to be made, against you, we may at our sole option and expense:
(a) procure for you the right to continue using the Product (or any part thereof) in accordance with the terms of this agreement; or
(b) modify the Product so that it ceases to be infringing; or
(c) replace the Product with non-infringing software and/or copy; or
(d) terminate this agreement immediately by notice in writing to you and refund any of the sum paid by you as at the date of termination (less a reasonable sum in respect of your use of the Product to the date of termination) on return of the Product and all copies thereof.
Our Status
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products and/or services you purchase or use from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
Availability and Delivery
7.1 Orders will be fulfilled once payment has cleared into our bank account or an agreed down payment has been made accompanied by a signed and dated application form detailing a payment instalment plan..
Risk
8.1 The Products will be at your risk from the time of delivery.
Price and Payment
9.1 The price of any Products/and or Services will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.3 We are under no obligation to provide the Product and/or Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
9.4 We reserve the right to add a 10% surcharge on all Direct Debit payments.
Our Refund Policy
10.1 If exceptionally you have a Product which you can cancel by law then if you return a Product to us:
10.2 because you have cancelled the Contract between us within the seven-day cooling-off period and have not received log in codes during this period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.
10.3 for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10.5 In the event you have set up a Direct Debit Account through Get Me Certified to pay for your course through instalments and miss payments, we reserve the right to pass your details onto a debt collection agency.
10.6 We reserve the right to charge a 10% surcharge (based on the value of the product you have purchased) on all cancellations where you have submitted a loan application to finance your course and you have subsequently cancelled your agreement within the seven day cooling off period.
10.7 All cancellations must be made in writing to: Customer Services, Get Me Certified Ltd, Triton Court, 14 Finsbury Square, London EC2A 1BR.
Our Liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product and/or Service you purchased.
11.3 This does not include or limit in any way our liability:
For death or personal injury caused by our negligence. For the avoidance of doubt you are advised to seek medical advice if you feel ill whilst undertaking the course and you agree that prior to taking the course if you suffer from bad back or epileptic fits you will consult with your own doctor over the suitability of the course for you;
11.4 Under section 2(3) of the Consumer Protection Act 1987;
11.5 For fraud or fraudulent misrepresentation; or
11.6 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.8 Where you buy any Product and/or Service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
Import Duty
12.1 Please note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Written Communications
13.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Notices
14.1 All notices given by you to us must be given to Customer Services, Get Me Certified Limited, Triton Court, 14 Finsbury Square, London, EC2A 1BR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 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.
Transfer of Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Impossibility of the use of public or private internet networks.
Our Right to Vary these Terms and Conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
Law and Jurisdiction
18.1 Contracts for the purchase of Products and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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