Course & Subscriptions Terms and Conditions

These terms and conditions in addition to the website terms of use (if you purchase a course or subscription via the Website) apply to the sale of any course or subscription. Please read these terms and conditions carefully before purchasing a course or subscription and print off a copy for your records. By ordering a course or subscription, you are confirming your agreement to be bound by these terms and conditions.

www.healthcare-learning.com  and its weblinks are operated by Now Learning Ltd (“HL”) whose registered office is, 4th Floor, Baird House, 15-17 St Cross Street, London, EC1N 8UW, registered in England and Wales under company number 03072400, VAT registration number GB 752 0393 46, Customer Services telephone number 020 7400 8989.

  1. Ordering Procedure

1.1 When purchasing a course via the website, you can change your order at any time up to the point at which you click the “Pay Now” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your basket.

1.2 When you place an order for a course (either via the website, by postal application, email or by telephoning HL Customer Services) you are offering to purchase that course on these terms. HL reserves the right to decline or cancel your order, or any part of your order.

1.3 Following receipt by HL of your order for a course via the website, postal application, email or by telephone you will receive an email confirming that your order has been received by HL or written order acceptance confirmation by post. Your order will be subject to acceptance by HL of your offer to purchase in accordance with Clause 1.4 below.

1.4 A legally binding agreement shall not come into existence until HL has accepted your offer to purchase a course by:

(i) sending you a separate order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided, and

(ii) receiving payment for the course in cleared funds from yourself or if applicable your employer in accordance with Clause 2.6 below. For payments by cheque, cleared funds means 5 days after receipt of the cheque by HL.

1.5 HL reserves the right to withdraw at any time courses advertised for sale on the website and/or the brochure.

 

  1. Payment Terms

2.1 The fee for any course at any given time will be displayed on the website and the brochure and/or will be notified to you by a HL customer services representative. Fees are quoted in pounds sterling, inclusive of any applicable VAT and exclusive of any additional charges.

2.2 If you purchase a Course on the Website:

2.2.1 the Fee including any applicable VAT and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and

2.2.2 HL will debit the Fee from your paypal account, credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the fee in cleared funds by HL and will be subject to acceptance of your offer to purchase by HL in accordance with Clause 1.4.

2.3 If you are ordering the Course by telephone, email, fax or post:

2.3.1 the Fee is either set out in the Brochure and/or on the Website and/or will be notified to you by a HL Customer Services representative.

2.3.2 payment is due from you immediately by either paypal, credit or debit card or cheque. Your order will be subject to acceptance by HL of your offer to purchase in accordance with Clause 1.4; and

2.4 In the unlikely event that due to a technical error, the amount of the fee displayed on the website or in the brochure is incorrect, or the fee has been changed on the website but the brochure is out of date, HL will notify you as soon as it reasonably can. If the correct amount of the fee is higher than the amount displayed on the website and/or in the brochure, HL will contact you to notify you of the correct fee, so you can decide whether or not you wish to continue with your order of the course at the increased Fee.

2.5 Pursuant to Clause 2.4 if you decide you want to cancel your order HL will give you a full refund in respect of any amount you have already paid in accordance with Clause 3. If the correct Fee is lower, HL will refund you the difference only between the amount which you have paid and the correct Fee payable.

2.6 The provision of the course is contingent upon HL having received cleared funds in respect of the fee for the relevant course. Without prejudice to HL’s rights and remedies under these terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the course is booked), save that payment will be due immediately if booking is made less than 30 days before the course start date), HL reserves the right, forthwith and at HL’s sole discretion, to suspend the provision to you and refuse you entry to the relevant course.

2.7 Where you request HL to invoice your employer for the payment of the Fee, the following additional terms shall apply:

2.8.1 Upon receiving your order form signed by the training manager or other individual designated by your employer, HL will send an invoice to your employer within 3-5 working days;

2.8.2 Full payment in cleared funds of the Fee is due from your employer within 14 days from the date of the invoice;

2.8.3 Payment is due immediately if booking is made less than 30 days before the Course start date;

2.8.4 You and your employer are joint and severally liable for all unpaid invoices; and

2.8.5 You authorise HL to release to your employer details of your attendance, marks, exam results, general progress reports and any other information reasonably requested by your employer and which HL in its sole discretion considers appropriate for it to provide.

2.9 A student, upon accepting a place on the course, will become liable immediately for the full fees due. On accepting a place, Now Learning provide access to an on-line learning to aid preparation for the course and to support continuous professional development (CPD).

2.10 Students may be offered payment options set out in a fee schedule. Once a payment plan has been agreed, this cannot be changed by the student, except for in extenuating circumstances that are agreed with Now Learning Ltd in writing. Now Learning Ltd reserves the right to charge an NLAdministration fee to alter the payment schedule.

2.11 In the case where course fees are payable direct to an external University or educational provider, the student will be subject to the Terms and Conditions of that organisation and their payment terms.

2.12 In the case of annual subscriptions, the minimum subscription period is 12 months. Subscriptions may be in full annually or paid monthly by direct debit for a minimum of 12 monthly payments. If a direct debit is cancelled before the 12th payment has been made then the customer will be invoiced for the balance, payable within 14 days.

2.13 Any student who fails to settle the charges within the prescribed dates will be liable to suspension from the course and will then have his/her registration cancelled after 14 days written notice from Now Learning Ltd. Suspension from the course means a total prohibition on attendance at the residential courses and access to the course platform. . It can take five working days to reinstate full access to all course platforms from the date payment is applied to the student’s account.

2.14 A student who has not settled all outstanding debts or other financial obligations to Now Learning Ltd or educational partner will be liable to suspension and cancellation of registration and, in any event, will not be permitted to continue with the course and will not be refunded any payments already made, nor have the marks for any examination or assessment they have taken ratified by the board of examiners.

2.15 Fees can be paid by bank transfer to the following account:

Account Name: Now Learning Ltd: HSBC Bank Cardiff Bay Branch, 97

Bute Street Cardiff CF10 5NA. Sort Code: 40-16-13

Account Number: 21397400 BIC: HBUKGB4124H

IBAN No: GB11HBUK40161321397400. Please ensure your Bank quotes your name as the payment reference.

2.16 Cheque/Bankers Draft – Made payable to Now Learning Ltd. and forwarded to: Now Learning: Now Learning, Baird House, 4th Floor, 15–17 St. Cross Street, London, EC1N 8UW.

2.17 All bank charges must be paid by the student. If making payment at an HSBC Bank, you must inform Now Learning Ltd. and/or provide a copy of the HSBC receipt as soon as possible.

 

  1. Cancellation Rights

3.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of the Course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded subject to Clauses 3.10 and 3.11.

3.2 You must inform HL of your decision to cancel by using one of the following methods within the Cancellation Period:

3.2.1 Emailing info@healthcare-learning.com

3.2.2 Calling customer services on 020 7400 8989; or

3.2.3 Sending HL a cancellation request letter to HL’s registered address;

3.3 On cancellation you will be entitled to a full refund of the Fees;

3.6 If you cancel a Course after the Cancellation Period, no refund will be payable.

3.7 In the event that a student application is not approved by an external University or educational partner, the access and registration fee is refundable (minus £500 for NLAdministration and access to the on-line learning library).

3.8 In the case where course fees are payable direct to an external University or educational provider, the student will be subject to the Terms and Conditions of that organisation and their refund policy.

3.9 Refunds will be made using the same method of payment as you used for the purchase and will be paid within 30 days of you informing HL of the cancellation. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has not yet been paid then such invoice will be cancelled. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has already been paid by your employer, the Fees will be credited to your employer’s bank account within 30 days. For monetary returns a request in writing to HL Credit Control at accounts@healthcare-learning.com is required from your employer.

3.10 Your right to cancel and obtain any refund will be lost if you have given HL express consent to supply any services during the Cancellation Period and the service has been fully performed. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.

3.11 If the contract is for the supply of digital content including but not limited to CPD material, eBooks, Online Course and Online Study Materials your right to cancel and obtain any refund will be lost if you have given HL express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.

3.12 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.

3.13 Your order of a Course is personal to you and you will not be permitted to transfer your enrolment on a Course to any other student.

3.14 HL reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 3 and to charge an additional fee in any such event to cover the NLAdministration costs incurred by HL. Any such additional fees will be communicated to you before you make your decision.

3.15 HL reserves the right to cancel a course at any time up to one working day prior to the commencement of the course. If HL cancel a course, you will be entitled to a refund of any fees paid in accordance with Clause 3.9.

 

  1. Classroom Courses, Online Course Content and Access Terms

4.1 Please see the description of the Course on the Website and/or in the Brochure for details of the contents of the available Courses.

4.2 Except as set out in the description of the Course on the Website and/or in the Brochure, no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by HL.

4.3 You acknowledge that HL operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at HL’s staff (or University or educational partners’ staff) or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. HL may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any course to any student whose participation would, in HL’s reasonable opinion, be undesirable or whose behaviour HL considers is or may be in breach of this agreement.

4.4 In relation to Online Courses only the following points apply:

4.4.1 Upon receipt of a confirmation email from HL you will be notified when you have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.

4.4.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.

4.4.3 You may incur charges to your internet service provider while you are accessing and/or downloading the Study Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Study Materials. You are responsible to pay these charges.

4.5 In relation to classroom courses only the following points apply:

4.5.1 You must comply with all health and safety rules and regulations and any other reasonable security requirements that apply at the premises at which classroom courses are provided.

4.5.2 You must only use the premises at which classroom courses are provided for the purposes of participating in classroom courses.

4.5.3 HL shall provide such presenters to present the Classroom Courses as it, in its sole discretion, deems fit and HL shall be entitled at any time to substitute any presenter with any other person who, in HL’s sole discretion, it deems suitably qualified to present the relevant Classroom Course.

4.5.4 If you require a student visa to enable you to study with HL you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.

4.5.5 You must sign an attendance register for each Classroom Course as required by the presenter.

4.5.6 Your personal possessions are your sole responsibility and HL accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Classroom Course to keep your valuables with you at all times.

 

  1. System Requirements

5.1 Please note that it is your responsibility to check that the computer you plan to use to access your Study Materials and the Online Course is compatible with the minimum specification requirement that relates to the Online Course you are ordering. You acknowledge and accept that HL cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.

 

  1. Modifications to content of existing courses or technology enhancements

6.1 HL reserves the right to make modifications or enhancements to the course curriculum, online content, venues, length of course and timetabling of course events.

 

  1. Technical Support and Access

7.1 HL will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.

7.2 If you report a fault to HL, HL will use reasonable endeavours to provide a solution but HL does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from HL then HL will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.

7.3. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the HL’s website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

7.4 HL will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. HL reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

7.5 You also accept and acknowledge that HL cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:

7.6 the operation of the internet and the World Wide Web, including but not limited to viruses;

7.6.1 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course ;

7.6.2 failures of telecommunications links and equipment; or

7.6.3 updated browser issues.

 

  1. Warranties

8.1 HL will provide the Study Materials in accordance with the Course description which is set out on the Website (please see Clause 4.1).

8.2 HL expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. HL does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

8.3 HL does not make any representation, guarantee or commitment to you that the Study Materials will be error free.

8.4 HL does not make any commitment that the Online Course will be compatible with or operate with your software or hardware.

8.5 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

 

  1. Limitation of liability

9.1 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

9.2 Except as set out in these Terms, HL shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

9.2.1 indirect or consequential losses;

9.2.2 loss of income or revenue;

9.2.3 loss of business;

9.2.4 loss of anticipated savings; or

9.2.5 loss or corruption of data.

9.3 HL is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) during completion of any Online Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Study Materials, and (ii) all data that you are inputting when completing the Online Course.

9.4 Save as otherwise set out in this section “Limitation of liability”, HL’s maximum aggregate liability to you for any claims that you may have against HL for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.

9.5 HL will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond HL’s reasonable control. This condition does not affect your statutory rights.

9.6 Each provision in this Clause 15 shall be construed separately as between you and HL. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

 

  1. Disclaimer

10.1 The Courses are for training purposes only. HL will not accept any responsibility to any party for the use of the tuition provided and/or the contents of the Study Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.

 

  1. Intellectual property

11.1 At all times, HL and/or its licensors, remain the owner of the intellectual property in the Courses and  the Study Materials. No Course and/or Study Materials content, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of HL.

11.2 In consideration of receipt by HL of the Fee, HL grants to you a non-exclusive, non-transferable licence to use the Study Materials content for the sole purpose of studying for the Classroom Course and/or the Online Course. For Online Study Materials the licence granted is to use the Online Study Materials on one computer only.

11.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program.

11.4 Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either HL’s copyright or HL’s other intellectual property rights, and/or the copyright or other intellectual property rights of HL’s licensors.

 

  1. Data protection

12.1 HL will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy You consent to the use by HL of such information in accordance with these Terms and HL’s privacy policy. HL will use such information including but not limited to:

12.1.1 perform its obligations and enforce its rights under these Terms;

12.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;

12.1.3 inform you of feedback and examination results;

12.1.4 communicate with your sponsor regarding your progress, results and attendance;

12.1.5 HL may share your information with its agents and service providers for these purposes; And

12.1.6 as set out in further detail in HL’s privacy policy

 

  1. General

13.1 HL reserves the right to charge late payment interest on any overdue amounts, at a rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

13.2 HL reserves the right to recover any reasonable debt collection costs in connection with these Terms.

13.3 HL may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

13.4 These Terms and Conditions, the Additional Terms and Conditions and the Website Terms of Use (if you purchase the Course via the Website) constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions .

13.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.

13.6 HL may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.

13.7 No relaxation or delay by HL in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by HL in writing.

13.8 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

13.9 Any notices required to be served on you by HL under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at HL’s discretion. Any notices required to be served on HL by you will be deemed properly served if sent to the address as per clause 20.

13.10 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

13.11 The agreement between you and HL will be concluded in English only.

13.12 The agreement between you and HL which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

13.13 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.

 

  1. Contact us

Now Learning Ltd
4th Floor Baird House
15-17 St Cross Street
London EC1N 8UW
Tel: 020 7400 8989
Email: info@healthcare-learning.com