Our terms
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These terms
1.1 What these terms cover. These are the terms and conditions on which we supply any online distance learning course (‘Course’) to you or any other product or service, which may include the provision of materials relating to a Course in a digital format (‘Course Materials‘).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us for the delivery of any Course and/or other products and/or services (‘Order‘). These terms tell you who we are, how we will provide your Order, including any Course, to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
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Information about us and how to contact us
2.1 Who we are. We are OC Learning Limited a company registered in England and Wales. Our company registration number is 12830742 and our registered office is at 85 Great Portland Street, First Floor, London, W1W7LT..
2.2 How to contact us. You can contact us by telephoning our student support team at 0204 5770365 or by emailing to us at info@opencollege.ac.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
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Our contract with you
3.1 How we will accept your Order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your Order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of a course.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
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Your rights to make changes
If you wish to make a change to the Order please contact us. We will let you know if the change is possible.
If we cannot make the change or the consequences of making the change are unacceptable to you, it may be possible to end the contract (see clause 7- Your rights to end the contract).
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Our rights to make changes
5.1 Changes to your Order. We may change your Order (including any Course):
(a) to reflect changes in relevant laws, regulatory requirements and/or awarding body requirements (where applicable);
(b) to implement minor technical adjustments and improvements;
(c) in the case of a Course, change the personnel involved in the delivery of the Course; or
(d) in the case of a Course, change the awarding body.
5.2 Updates to digital content. We may update digital content, including Course Materials, provided that the digital content shall always match the description of it before you placed the Order.
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Provision of the Order
6.1 Delivery costs. Where applicable in the case of goods, for example, printed course materials, the costs of delivery will be as displayed to you on our website.
6.2 When we will provide the Order. During the order process we will let you know when we will provide the Order to you and, in the case of a Course, the length of the Course and when your access to the Course expires.
6.3 We are not responsible for delays outside our control. If our supply of the Order (including Course) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.5 When you own goods. You own a product which is goods once we have received payment in full.
6.6 What will happen if you do not give required information to us. We may need certain information from you so that we can fulfil an Order, including the delivery of a Course. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 8.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Order late or not supplying any part of the Order if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.7 Reasons we may suspend the provision of an Order to you. We may have to suspend the provision of an Order to:
(a) deal with technical problems or make minor technical changes;
(b) make updates to reflect changes in relevant laws, regulatory requirements and/or exam board requirements;
(c) make changes to the Order as requested by you or notified by us to you (see clause 5).
6.8 We suspend the provision of an Order if you do not pay. If you do not pay us for the Order when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend provision of the Order until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the provision of the Order. As well as suspending the Order we can also charge you interest on your overdue payments (see clause 10.5).
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Your rights to end the contract
7.1 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (b) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of your Order you do not wish to proceed; or
(b) you have a legal right to end the contract because of something we have done wrong.
7.2 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For applicable Orders completed online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013.
7.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) in the case of a Course, you have made extensive use of the Course and/or Course Materials and/or (if applicable) accessed the relevant online learning zone via a personal log in;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
(e) any products which become mixed inseparably with other items after their delivery.
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Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) for any reason, at our sole discretion;
(b) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(c) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Order; or
(d) where relevant, you commit an act deemed by us as plagiarism in respect of any materials you submit as part of a Course.
8.2 If we end the contract. If we end the contract in the situations set out in clause 8.1 (a), (b) or (c) we will refund any money you have paid in advance for an Order we have not provided but we may deduct or charge you a percentage of the Order depending on use. We will not refund any monies paid in the case of 8.1 (d).
8.3 We may withdraw the provision of an Order. We may write to you to let you know that we are going to stop the provision of your Order. We will let you know at least 14 days in advance of our stopping the provision of the Order and will refund any sums you have paid in advance for any Order which will not be provided.
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If there is a problem with your Order
9.1 How to tell us about problems.If you have any questions or complaints about your Order, please contact us.
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Price and payment
10.1 Where to find the price for the Course or other product. The price of the Course or other product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, any Course or other products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
10.4 When you must pay and how you must pay. We accept payment with major debit and credit cards. The payment terms will be made clear when you place your Order.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This 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 any overdue amount.
10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
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Limitation of liability
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
11.2 Limitation of Liability. In no event shall we be liable in any circumstances for any indirect or consequential loss arising under or in relation to the provision of any products or services (including any Order), whether arising in tort (including negligence), breach of statutory duty, contract, misrepresentation (whether innocent or negligent) or otherwise, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, whether or not we have been informed of the possibility of such damages.
11.3 Digital content. Should your Order include digital content, download of any software, use shall be at your sole risk and option. We shall not be liable for any malfunctions related to any digital content, bugs or virus or damage to your computer equipment or mobile device.
11.4 We will provide the Order with reasonable skill and care and substantially as described in the website description of the Course or other product. We do not make any other warranties about your Order.
11.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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How we may use your personal information
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
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Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and will be exclusively governed by the English courts.