Online terms and conditions of supply

This page (together with our Privacy Policy and Terms of Website Use tell you information about us and the legal terms and conditions (“Terms”) on which we sell any of the Services (“Services”) listed on our website (“our site”) to you.

These Terms will apply to any contract between us for the sale of Services to you (“Contract”).  Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site.  Please note that before placing an order you will be asked to agree to these Terms.  If you refuse to accept these Terms, you will not be able to order any Services from our site.

We amend these Terms from time to time as set out in clause 8.  Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.  These Terms were most recently updated on 15th October 2014.

  •  How do I know if my system is compatible?

To access My Learning Cloud you need to be running a computer with either Windows Vista, Windows 7/8, or Mac OSX 10.7/10.8. Mobile devices can access the PLE but currently not all training courses can be run on them.

The computer must have a minimum screen resolution of 1024×768, have a standard keyboard and mouse, and have installed a modern web browser (the oldest browsers we support are Internet Explorer version 11, Firefox 38.0.1, Safari 8.0.2, or Chrome 46.0.2490.71) .

All PLE users must have a unique email address and access to the internet with a speed of at least 3Mbps. It is also recommended that all staff have headphones or speakers available to them as our e-Learning courses contain audio.

  • Information about us

 

      1. We operate the website [http://mylearningcloud.org.uk].  We are YOU Trading Limited, a company registered in England and Wales under company number 8191627 and with our registered office at South Wing, Admiral House, 43 High Street, Fareham, Hampshire PO16 7BQ.  Our VAT number is 162501441.
      2. Contacting us if you are a consumer:
        1. To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel.  The easiest way to do this is to complete the cancellation form on our website.  A link to the website cancellation form will be included in our Dispatch Confirmation (defined in clause 7.3).  If you use this method we will e-mail you to confirm we have received your cancellation.  You can also e-mail us at enquiries@mylearningcloud.org.uk or contact our Customer Services team by telephone on 0800 088 6109 or by post to My Learning Cloud, 116 Kinston Crescent, Portsmouth, Hampshire PO28AL.  If you are emailing us or writing to us please include details of your order to help us to identify it.  If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
        2. If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0800 088 6109 or by e-mailing us at enquiries@mylearningcloud.org.uk.
        3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
      3. Contacting us if you are a business.  You may contact us by telephoning our customer service team at 0800 088 6109 or by e-mailing us at enquiries@mylearningcloud.org.uk.  If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.3.

 

  • Our Services

 

      1. We will supply the Services to you from the date set out in the Dispatch Confirmation until the estimated completion date set out in the Dispatch Confirmation.
      2. We will make every effort to complete the Services on time.  However, there may be delays due to an Event Outside Our Control.  See clause 14 for our responsibilities when an Event Outside Our Control happens.
      3. [We will need certain information from you that it is necessary for us to provide the Services, for example, First Name, Last Name, Company Name, Address, Email Address, Phone Number.  We will contact you in writing about this.  If you do not, after being asked by us, provide us with this information, or provide us with incomplete or incorrect information, we may make an additional charge of a reasonable sum to cover any extra work that is required.  We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.  If we suspend the Services under this clause you do not have to pay for the Services while they are suspended.]
      4. We may have to suspend the Services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the Services.  We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.

 

  • Use of our site

 

Your use of our site is governed by our Terms of Website Use.  Please take the time to read these, as they include important terms which apply to you.

 

  • How we use your personal information

 

We only use your personal information in accordance with our Privacy Policy.  Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

  • If you are a consumer

 

If you are a consumer, you may only purchase Services from our site if you are at least [18] years old.

 

  • If you are a business customer

 

      1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
      2. These Terms, our Privacy Policy and Terms of Website Use  constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
      3. You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, our Privacy Policy, or Terms of Website Use.
      4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

 

  • How the contract is formed between you and us

 

      1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us.  Please take the time to read and check your order at each page of the order process.
      2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 7.3.
      3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Services have been purchased and are available [for download/viewing] (“Dispatch Confirmation”).  The Contract between us will only be formed when we send you the Dispatch Confirmation.
      4. If we are unable to supply you with the Services, for example because such Services are no longer available or because of an error in the price on our site as referred to in clause 10.4, we will inform you of this by e-mail and we will not process your order.  If you have already paid for the Services, we will refund you the full amount including any delivery costs charged as soon as possible.

 

  • Our right to vary these Terms

 

      1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
      2. Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
      3. We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.
      4. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.  You may only cancel in respect of the Services you have yet to [view/download].

 

  • Your consumer right of return and refund

 

This clause 9 only applies if you are a consumer.

      1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (with some exceptions) during set periods of time.  However, special cancellation rights apply in respect of digital content not on a tangible medium.  These special cancellation rights apply to the subscription to access the Services on our site, further details of which are set out below.    Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
      2. We will not give you access to the Services until full payment has been received from you by us.  Further, we will not give you access to the Services until after the relevant cancellation period unless you confirm that you would like to access the Services earlier and acknowledge that you will lose your right to cancel as a result of access beginning before the end of the cancellation period ([the sign up] page provides for this confirmation and acknowledgement).
      3. To cancel a Contract, you just need to let us know that you have decided to cancel.  The easiest way to do this is to complete the cancellation form on our site.  A link to the website cancellation form will be included in our Dispatch Confirmation.  If you use this method we will e-mail you to confirm we have received your cancellation.
      4. [You can also e-mail us at enquiries@mylearningcloud.org.uk or contact our Customer Services team by telephone on 0800 088 6109 or by post to My Learning Cloud, 116 Kinston Crescent, Portsmouth, Hampshire PO28AL.  If you are e-mailing us or writing to us please include details of your order to help us to identify it.  If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.]
      5. If you cancel your Contract we will refund you the price paid for the Services and make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
      6. We will refund you on the credit card or debit card used by you to pay.  If you used vouchers to pay for the Services we may refund you in vouchers.
      7. Because you are a consumer, we are under a legal duty to supply Services with reasonable care and skill and the materials we use must be in conformity with this Contract.  As a consumer, you have legal rights in relation to Services and any materials that are faulty or not as described.  These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms.

 

  • Price of Services and delivery charges

 

      1. The prices of the Services will be as quoted on our site at the time you submit your order.  We take all reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system.  However please see clause 10.4 for what happens if we discover an error in the price of Services you ordered.
      2. Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
      3. The price of Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.  However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
      4. Our site contains a large number of Services.  It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced.  We will normally check prices as part of our dispatch procedures so that:
        1. where the Services’ correct price is less than the price stated on our site, we will charge the lower amount when providing the Services to you.  However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Services to you at the incorrect (lower) price; and
        2. if the Service’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order.  We will not process your order until we have your instructions.  If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

 

  • How to pay

 

      1. You can only pay for Services using a debit card or credit card.  We accept the following cards: Mastercard, Maestro, Visa, Visa Electron, American Express, Solo, Direct Debit.
      2. Payment for the Services is in advance.  We will not charge your debit card or credit card until the Services are available for [viewing/download].

 

  • Our liability if you are a business

 

This clause 12 only applies if you are a business customer.

      1. We only supply the Services for internal use by your business, and you agree not to use the Services for any resale purposes.
      2. Nothing in these Terms limits or excludes our liability for:
        1. death or personal injury caused by our negligence;
        2. fraud or fraudulent misrepresentation;
        3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
        4. defective Services under the Consumer Protection Act 1987.
      3. Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
        1. any loss of profits, sales, business, or revenue;
        2. loss or corruption of data, information or software;
        3. loss of business opportunity;
        4. loss of anticipated savings;
        5. loss of goodwill; or
        6. any indirect or consequential loss.
      4. Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £5,000,000.
      5. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services.  Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.  In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

 

  • Our liability if you are a consumer

 

This clause 13 only applies if you are a consumer.

      1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence.  Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
      2. We only supply the Services for domestic and private use.  You agree not to use the Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
      3. We do not in any way exclude or limit our liability for:
        1. death or personal injury caused by our negligence;
        2. fraud or fraudulent misrepresentation;
        3. any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
        4. any breach of the terms implied by section 3, 4 and 5 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
        5. defective Services under the Consumer Protection Act 1987.

 

  • Intellectual property rights

 

      1. Intellectual property rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      2. All intellectual property rights in or arising out of or in connection with the Services shall be owned by us.

 

  • Events outside our control

 

      1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.  An Event Outside Our Control is defined below in clause 15.2.
      2. An “Event Outside Our Control” means any act or event beyond our reasonable control.
      3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
        1. we will contact you as soon as reasonably possible to notify you; and
        2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.  Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
      4. You may cancel a Contract affected by an Event Outside Our Control which has continued for more than [30] days.  To cancel please contact us.  If you opt to cancel, you will have to return (at our cost) any relevant Services you have already received and we will refund the price you have paid, including any delivery charges.

 

  • Communications between us

 

      1. When we refer, in these Terms, to “in writing”, this will include e-mail.
      2. If you are a consumer you may contact us as described in clause 1.2.
      3. If you are a business:
        1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
        2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
        3. 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.
        4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

  • Other important terms

 

    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.  We will always notify you in writing or by posting on this webpage if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This Contract is between you and us.  No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately.  If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.  If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. If you are a consumer, please note that these Terms are governed by English law.  This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law.  You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
    7. If you are a business, a Contract 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 the law of England and Wales.
    8. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).