1.1 In these Terms of Service (“Terms”) unless specified the following words shall have the following meanings:
“Brochure” means our brochure of Courses published by us from time to time;
“Course” means a CloudLearn course as identified in our Brochure or website and identified below, which consists of course books, associated learning guides, tuition, support services, access to on-line materials associated with the course ordered;
“Materials” means other items associated with the course as identified under “course”, either dispatched at the commencement of the course or at a later stage;
“CloudLearn” means us and the company who provide the Course(s) as identified in our Brochure or Site; Registered in Scotland number 399410. Registered office address: CloudLearn Ltd, Strathclyde University Incubator, 50 Richmond Street, Glasgow G1 1XP. Email: email@example.com “Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, 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;
“On-line Access” means access to our on-line learning community and on-line learning material (“CloudPort©” at URL http://cloudport.cloudlearn.co.uk);
“Order” means the order for the Course submitted by placing an order either with our telesales operatives or by submitting a completed online on our Site;
“Price” means the price of the Course, including carriage, Packaging and VAT as specified in our Brochure or Site and confirmed either by us through our telesales operatives or in writing, and which relates to each Course;
“Tutor Support & Period” means the support and tuition relating to a Course and is provided by tutors appointed by CloudLearn. The period is for up to two (2) years from the date we accept your Order. This period is course specific.
“Site” means our website with the URL www.cloudlearn.co.uk;
“Software” means the course software where applicable;
“you” shall mean you the customer. “your” shall have the corresponding meaning; and “we” means CloudLearn. “our” shall have the corresponding meaning.
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 any Course(s) ordered by you by telephone or online. You should understand that by ordering any of our Course(s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2 For your information our full company details are set out in the definition of CloudLearn above. Our main trading address is our Registered Office address. Our VAT number is 178 4451 78
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 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 On-line 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 immediately.
2.5 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 of any changes in the details with which you registered to gain On-line Access or purchase Course(s).
2.6 We reserve the right to:
(a) suspend or terminate access to On-line Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in our Brochure or Site at any time; and(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).
2.7 If enrolling a minor (aged under 16 at the point of enrolment) on a course we recommend that the minor be supervised during online activities. All Forums and Chat sessions in CloudPort© are monitored and policies informed by the ‘Good practice guidance for the moderation of interactive services for children’ as published by UK Council for Child Internet Safety. All moderators are qualified and registered teachers and are fully CRB checked, those administrators who are not registered teachers have Enhanced Disclosure status.
3.1 These Terms shall govern the sale of our Course(s) to you as well as the provision of the Services and any further Materials.
3.2 The Price for the Course is payable by you prior to its delivery, and shall be payable by you in full by credit/debit card or by PayPal payment services. Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with clause 4.2.
3.3 Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full.
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 No Order relating to a Course shall be deemed to be accepted by us unless and until we have confirmed acceptance of your Order by dispatching the Course or any part of the Materials relating to this Course to you.
4.3 Printed course materials will normally be dispatched within eight (8) working days of your Order. Although we make every effort to ensure that the Course will be available at the time of Order please note that dispatch times are estimated. Should a Course be unavailable we will notify you as soon as possible.
4.4 The contract between us will relate only to those Courses whose dispatch we have confirmed in accordance with clause 4.2.
4.5 Where possible we will send the Course, materials and Software comprised in a “Course” to you in one dispatch. However we reserve the right to send you the Course materials and Software in instalments depending upon availability.
4.6 The Course, Materials and (or) Software will be sent by post or courier to the last address you have provided to us.
4.7 You agree that you will inspect the Materials and Software (or any part thereof) upon delivery and tell us immediately if any parts of the Materials and Software are defective or missing save where you have been notified that the Materials and Software will be provided in instalments and you have not yet received part of the delivery.
4.8 Except in the case of a clear defect in the Courses (or any part thereof), you will be deemed to have accepted the Course if you do not notify us within fourteen (14) days after delivery that you wish to cancel or are returning the Materials and Software (or any part thereof). Nothing in these Terms shall be deemed to affect your statutory rights as a consumer.
4.9 When you return the Materials and Software to us:
(a) Without prejudice to your rights under clause 11.1, we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day you have given notice of your cancellation, In this case, we will refund the Price of the Course in full with the exception of the payment made for postage and packaging. The Customer will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because the Materials or Software are defective), we will examine the returned Materials and (or) Software and, if satisfied they are defective, notify you of replacement 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 fourteen (14) days of the day we confirmed to you that you were entitled to a replacement for the defective Materials and (or) Software. If the Materials and (or) Software are returned by you because of a defect you will be sent replacement goods. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
4.10 Risk of damage or loss in the Materials and Software will pass to you upon delivery. Title in the media on which the Materials and Software are provided will only pass to you when we receive full payment of all sums due in respect of the Course. Nothing in these Terms will be deemed to vest any of the Intellectual Property Rights in the Course in you.
4.11 If the customer orders Courses for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that CloudLearn has no control over these charges and cannot predict their amount.
4.12 The customer shall comply with all applicable laws and regulations of the country for which the Course is destined. CloudLearn will not be liable for any breach by the Customer of any such laws.
4.13 We reserve the right at our sole discretion to refuse enrolment on any of the courses we offer.
5.1 By accepting these Terms, you also agree to the provision by us of the Services set out in this Clause 5.
5.2 We 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.
5.3 The Services include Tutor Support, assignment marking and examination administration and are for the Support Period. If requested, we may, at our sole discretion, extend the Support Period for an agreed fee.
5.4 Tutor Support is optional. Should you not wish to take advantage of the Tutor Support, please write to CloudLearn, at the Registered office address or by Email as per Clause 1 above. No refund will be given.
5.5 If you opt to sit an external examination as indicated as envisaged in the Course, we will use reasonable endeavours to provide you with such information we have in our possession to assist you in making such examination arrangements.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 All copyright and other intellectual property rights relating to the Courses and any Course Materials are either owned by or licensed to us. Copying, adapting, reproducing, selling, distributing, modifying or any other use of all or any part of it without permission is strictly prohibited.
6.2 Save as expressly stated in these Terms, 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(s) or use (other than as permitted under these Terms) reproduce or deal in the Course(s) or any part thereof in any way.
6.3 By agreeing to these Terms we 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. Breach of these terms will result in termination of your on-line account.
6.4 Where Software is provided as part of the Course or On-Line Access is granted by us you agree that:
In respect of the Software:
(a) the licence granted shall remain personal to you and you shall not be permitted to load the software on to a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
(b) upon termination of the agreement set out in these Terms for any reason you shall erase the Software from your computer or any other media storage device;
(c) although title in the physical media on which the Software is provided shall be yours, ownership and all Intellectual Property Rights in the Software (and any copies thereof) shall remain vested in us or our licensors.
In respect of the On-line Access:
(a) the licence granted to you to access the content on the Site 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 On-line 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 On-Line Access.
6.5 We do not warrant that the Software or On-Line Access will be uninterrupted or error-free or that defects in the Software will be corrected.
7.1 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 thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to suspend the provision of the Services to you and your On-Line Access until such a breach has been remedied;
(b) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
7.2 You will be entitled to terminate the agreement set out under these Terms under Clause 11 below.
7.3 If either party terminates the agreement set out in these Terms, you must:
(a) return the Materials and Software to us;
(b) destroy all copies of the Software including any Software stored on the hard disk of any computer under your control; and
(c) cease using the Services and On-line Access immediately.
8 LIMITATION OF LIABILITY
8.1 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.
8.2 Other than in respect of liability referred to in Clause 8.1, we shall not be liable for any indirect or consequential loss or damage whatsoever of 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 however arising and whether caused by tort (including negligence), breach of contract or otherwise.
8.3 The information in our 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 liability for not doing so.
8.4 We cannot guarantee that our Site or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing our Site or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages of our Site from time to time.
8.5 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.
8.6 We reserve the right to change prices, information and specifications relating to the Courses on this Site from time to time subject always to our commitments set out in Clause 3 above.
9 OTHER TERMS
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 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.
9.6 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Scots law. 9.7 The parties irrevocably agree that the Scottish Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this agreement or its subject matter or formation (including non-contractual disputes or claims).
10.1 Without prejudice to your rights mentioned under 4.9(a) In accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, You have the right to cancel your order within 14 days from when you receive your course login details. All cancellation requests must be made in writing. You waive the right to cancel your course enrolment when over 25% of the course content has been accessed or downloaded, specifically ‘Printer Friendly Lesson Notes’.
10.2. If you wish to cancel an Order you should, as soon as possible, contact our student support department in writing at our registered office or email firstname.lastname@example.org (such emails will be responded to between 8 am and 8 pm, Monday to Friday). If the Course has already been received you should return it in accordance with the returns policy set out in Clause 4 above and this Clause 10.
10.3 If you cancel an order you must return all course materials to us and you must have taken reasonable care of them until you do so. We would ask you to return all Courses with their original packaging (where applicable) and accompanied by the original delivery note. We recommend that you send the Courses by recorded delivery so that you can track any returned Courses. CloudLearn regrets that it cannot be responsible for items which never reach CloudLearn or are damaged in transit. Please note that Postage and Packaging charges and returns postage cannot be refunded, unless the Materials are deemed faulty or damaged. We will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day you have given written notice of your cancellation. In this case, we will refund the price of the Course in full.
10.4 To process your cancellation and refund all course materials must be returned within 14 days of the original written cancellation request.
11 COMPLAINTS PROCEDURE
11.1 Our standard complaints channel for all complaints is through our student support representatives at our Registered Office. If you have a complaint please direct this to our Student Service team via email email@example.com
12 ON LINE ACCESS
12.1 As part of your course you may need to log on to our Site to access Materials and complete your Course. Whilst doing so you agree to abide by the rules of the On-line Learning Environment set out on the Site from time to time. We reserve the right to cease or suspend access to the On-line Learning Environment in the event that you breach any of these Terms or the rules of the On-line Learning Environment.
13 WRITTEN COMMUNICATIONS
13.1 Applicable laws require that some of the information or communications CloudLearn send should be in writing. You should accept that communication with CloudLearn will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the CloudLearn or CloudPort websites. For contractual purposes, you agree to this electronic means of communication and 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. This condition does not affect your statutory rights.
14.1 You should notify us immediately in writing of any change of address or contact details.
15 EXTERNAL LINKING
15.1 CloudPort includes links to both internal (CloudLearn) and external (Non-CloudLearn) websites. We select links that are editorially relevant to the content they are linking from and are suitable for the likely audience. These links are included for a number of reasons, including:
- for further relevant information or other key source material
- for background information
- for useful practical information
- for entertainment or enjoyment
- for further informed comment
15.2 We do not link to external sites in return for cash, services or any other consideration in kind. The links are not an integral part of the course but are instead offered as a recommendation by the tutor based on editorial relevance.
15.3 We link to sites purely on editorial merit. These will most often be free to access, but users may sometimes be asked to register or subscribe before viewing content.
15.4 The CloudPort website does not accept submissions or requests. The tutorial team selects links and evaluates websites on the basis of editorial relevance.
15.5 External links are selected and reviewed when the page is published. However, CloudLearn is not responsible for the content of external websites. This is because:
- CloudLearn does not produce them or maintain/update them
- CloudLearn cannot change them
- they can be changed without CloudLearn’s knowledge or agreement.
15.6 Some of our external links may be to websites which also offer commercial services, such as online purchases.
15.7 The inclusion of a link to an external website from http://cloudport.cloudlearn.co.uk should not be understood to be an endorsement of that website or the site’s owners (or their products/services).
16 GUARANTEED PASS
16.1 In order to validate your guaranteed pass, you must; attempt and pass all the tutor marked assessments throughout your course.
16.2 You must attempt and pass all multiple choice assessments throughout the course by more than 85%.
16.3 You must demonstrate study of at least 120 hours of study for single IGCSE, 200 hours for double award IGCSE or 360 hours of study for an A-Level, as recorded on CloudPort.
16.4 You must have passed the final mock examination.
16.5 You must have kept to your agreed payment plan if applicable.
16.6 You must be able to prove your exam candidacy with your grade shown on a certificate or transcription.
16.7 Course fees will be refunded to those students who have met the criteria listed above. Printed book and Exam fees will not be refunded.
16.8 CloudLearn reserves the right to withdraw this offer at any time.
17 PRICE MATCH GUARANTEE
17.1 The course offered by a competitor is the exact same as the course we sell, and is offered on the same terms.
17.2 The course on a competitor’s website must be available for immediate delivery.
17.3 Our price match guarantee applies up to seven days after purchase from CloudLearn.
17.4 Price Match Guarantee only applies to the IGCSE and A-Level range of courses.
17.5 We only offer a price match guarantee when you choose to pay in full, we cannot price match when you choose to pay with an instalment plan.
18. PAYMENT BY DIRECT DEBIT
18.1 Monthly payment agreements with CloudLearn Ltd can only be accepted if you have a valid UK bank account that accepts direct debits.
18.2 Payers agree that the amount will be automatically debited from the designated UK bank account.
18.3 Following the cooling off period, as defined in section 11, you are agreeing to pay the instalments and are bound by the terms.
18.4 Cancellation of a Direct Debit outside of the cooling off period does not cancel the agreement between yourself and CloudLearn therefore an alternative method of payment must be arranged. Failure to notify us of cancelling your direct debit will constitute to a breach of terms. Payers will then be liable to pay the whole balance outstanding immediately.
18.5 Your first payment is defined as your deposit. This deposit is non-refundable.
18.6 You must ensure funds are available in your designated bank account in order for us to process payments on the agreed days. If the payment fails without notice charges will apply. For every 7 days overdue a £12 charge will be added.
18.7 If your account remains in arrears for more than 14 consecutive days we reserve the right to pass your details on to an external collection agency who will be instructed to collect the due balance on our behalf and an additional 15% will be added to the balance outstanding.
18.8 If you choose to pay your instalments by our third party finance company, you will be bound by their terms and conditions.
19. AFFORDITNOW AND PAYBREAKAfforditNOW is a suite of products offered by PayBreak Limited, a company authorised and regulated by the Financial Conduct Authority. Consumer credit service provided by PayBreak Ltd. Paybreak Ltd is Registered in England with company number 7445012. Registered office: PayBreak Ltd, Floor 1, The Bloc, Ashley Road, Altrincham, WA14 2DW. CloudLearn Ltd are authorised and regulated by the Financial Conduct Authority - Registration Number 684879
20. 0% INTEREST PAYMENT PLANS
0% APR interest plans are available to students looking to enrol on courses subject to status and age.
21. BOOKING YOUR EXAMS WITH CLOUDLEARN
When bundling exam costs with your course fees CloudLearn will make arrangements for your exam at one of our 3 examination centers located in Bolton, Coventry and London. To book your exams CloudLearn requires at least 6 months advance notice of exam diet. For those subjects that include NEA, Practicals, and Fieldwork we require additional notice, details of the booking deadlines are provided to you via CloudPort at the point of enrolment.