Terms and Conditions
Terms & Conditions
A. GENERAL TERMS APPLICABLE TO ALL CUSTOMER AGREEMENTS
1. Definitions
In this Agreement unless otherwise stated:
(i) "Distance Learning Package" shall mean the course(s) identified and all related Materials, support and tuition where
applicable;
(ii) "Materials" shall mean the learning materials and books for the Distance Learning Package or any part of them (and shall
include any replacement training materials and books in the event that you transfer Distance Learning Package in accordance
with Clause 5);
(iii) Your “Support Period” depends on which course you choose to study and will be between one and three years unless
otherwise stated in your course materials.
(iv) singular words shall include the plural and vice versa; and
(v) headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
2. Payments
(i) We agree to sell and you agree to buy the Distance Learning Package for the Total Cost/Cash Price and on the terms set out
on this page.
(ii) Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full.
3. Care of the Materials
(i) We will reserve all the Materials in your name and store them at the ICS Learning Centre.
(ii) We will release the Materials to you in compact learning units as you progress through the Distance Learning Package to enable
you to work systematically through the core material.
(iii) You will inspect each set of materials promptly following delivery. You will tell us about any omission as soon as it is reasonably
possible.
4. Services
(i) During the Support Period, we will provide you with support and tuition as set out in [the Materials].
(ii) If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
(iii) If you are sitting an external examination at the end of your Distance Learning Package, we will provide you with such
information as we have in our possession to assist you in making such examination arrangements. In all other respects, you will
be solely responsible for making arrangements to enable you to sit the examination and for any and all fees in relation thereto.
(iv) If we, at our sole discretion, assist you in making your examination arrangements by providing you with information about the
time and location of local examinations or reserving an examination place for you, you acknowledge that we shall not be
responsible for any losses incurred by you as a result of inaccurate information provided in connection with any such
arrangement except such losses, excluding business losses, caused by failure to act with reasonable care and skill.
5. ICS Course Transfer Facility
(i) If you wish to transfer to a different course, we may at our sole discretion agree to such transfer.
(ii) Unless you are paying under a Credit Agreement, if we agree that you may transfer to a different course, we will transfer the
fees paid for the Distance Learning Package you wish to discontinue towards the amount payable for the new course
PROVIDED THAT we receive payment from you for the balance of fees due in respect of the new course (if more expensive
than the discontinued Distance Learning Package) and an agreed transfer fee will be payable to cover our tuition and/or
administrative costs.
6. Warranties and Limitation of Liability
(i) We warrant that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
(ii) We warrant that we will perform any services provided hereunder with reasonable skill and care.
(iii) We intend to rely on the written terms set out here and on the other side of this document. If you require any changes, please
ensure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what we, and you, are
expected to do.
(iv) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for: (a) losses that
were not foreseeable to both parties when this Agreement was made; (b) losses that were not caused by any breach on our
part; or (c) business losses and/or losses to non-consumers.
(v) Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach
of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid
for the Distance Learning Package as quoted.
(vi) Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect
or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity
or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement.
(vii) Subject to Clause 6(vi) and 13, if you have elected to take our damage cover plan, we will replace free of charge any
Materials which are accidentally lost, damaged or stolen during [the Support Period].
(viii) All claims under Clause 6(vi) must:
(a) be submitted to ICS in writing;
(b) itemise the Materials which need to be replaced; and
(c) be made within 14 days of the damage occurring.
7. Other Terms
(i) No relaxation or indulgence which we may extend to you shall affect our rights under this Agreement.
(ii) If any part of this Agreement is held to be unenforceable the remaining terms and conditions shall continue in force.
(iii) All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this Agreement.
(iv) You will notify us immediately in writing of any change in the address specified. Any notices required to be served under
this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your
last known address.
(v) This Agreement shall be governed and construed in accordance with the laws of [Scotland] and you hereby agree to submit to
the non-exclusive jurisdiction of the [Scottish Courts].
B. ADDITIONAL NON CREDIT TERMS
8. Payment
(i) You will submit payment with this enrolment form of the price payable by the method you have indicated on the enrolment form.
(ii) We can only accept payment in full from students studying in Nigeria.
9. Cancellation
(i) Your statutory right under the consumer protection (Distance Selling) Regulations 2000, allows you seven working days from the day after receipt of materials in which to make a written request for cancellation. Unless the parties have agreed otherwise, you will not have the right to cancel by giving notice of cancellation for the supply of computer software if they are unsealed by you or for the supply of online courseware which has been accessed by you.
Data protection:
IMPORTANT: USE OF YOUR INFORMATION
This privacy statement applies to any personal data you may give to ICS Ltd, a division of Cengage Learning. We collect any personal data you may give us when you begin your course. We will also collect contact details from prospective students. We maintain data on your transactions with us as well as your use of our services.
We would like to use your personal data to provide you with information about our products and services and those of other Cengage companies. Please indicate if you do not want to be contacted by Mail__ Email__ Telephone_
We will not pass on your details to any third party.
To receive a copy of the full privacy statement or to access or modify your information or change your preferences, please contact us by email at: dataservices@ics-uk.co.uk or by post to Data Services, ICS, 1st Floor, 45 Finnieston Street, Glasgow, G3 8JU. A copy of the full privacy statement can also be viewed at http://www.icslearn.co.uk/privacy-policy/
Updated 31/10/07