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Health and Education Co-operative Online Courses Terms of Business (for CUSTOMER)

If you agree to the following Conditions, you will be entering into a legally binding agreement with Health and Education Co-operative Ltd.

  1. DEFINITIONS and INTERPRETATION:

"Account" means a single user access account established with Health and Education Co-operative entitling you, the Customer to book and pay for Courses offered for purchase on the Course Store.

"Conditions" means the terms and conditions set out in this document.

"Correspondence address" Health and Education Co-operative Limited, Murley Moss Business Village, Oxenholme Road, Kendal, LA9 7RL.

"Course Provider" means the organisation responsible for the delivery and development of the Course and Materials.

"Course Provider Terms" means the standard terms and conditions issued by the Course Provider for the provision of the Course to the Customer.

"Course" means a course offered for purchase on the Course Store by the Course Provider and which can be purchased directly from the Course Provider by the Customer. The Customer will be provided with access to the Course Provider's terms and conditions.

"Course Store" means this online marketplace created and hosted by HE Co-op on the Website where Course Providers offer various Courses to Customers for purchase.

"Customer" means yourself as the purchaser of the Course.

** "Fees"** means the fee payable by you the Customer for the Course.

"Materials" means all material supplied to you by the Course Provider which may include online learning material and any other documentation however delivered.

"Order Acknowledgment" means HE Co-ops acknowledgement by e-mail of your offer to purchase the Course from the Course Provider.

"Purchase" means the Customer's purchase of a Course.

"Health and Education Co-operative Ltd" means HE Co-op Online Ltd, c/o Moore and Smalley, Murley Moss Business Village, Oxenholme Road, Kendal LA9 7RL.

"Website" means the website located at healthvle.co.uk

1.1 The following rules apply in interpreting the content of these terms and conditions:- 1.1.1 References to "we", "us" and "our" are references to HE Co-op.

1.1.2 References to "you" are references to you the Customer.

  1. 2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.

  2. 3 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

  3. 4 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

  4. 5 A reference to any party shall include that party's personal representatives, successors and permitted assigns.

  5. 6 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.

  6. 7 A reference to writing or written includes fax and e-mail.

  7. 8 A reference in these Conditions to any other agreement or document referred to in this agreement is a reference to this agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this agreement) from time to time.

  8. 9 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

  9. USE OF THE COURSE STORE 2.1 The Course Store is an online platform created by HE Co-op to enable:

  10. 1.1 Course Providers to advertise and offer their Courses to Customers.

  11. 1.2 Customers to purchase Courses directly from Course Providers.

2.1.2 Customers to make bookings and pay for the Courses through the Course Store.

Customers will contract directly with Course Providers under the provisions of the Course Provider Terms which will be provided to the Customer prior to purchasing the Course. HE Co-op does not act as agent for any Course Providers, nor does it provide any Courses or any part thereof to Customers. The Customer must review and accept the Course Provider Terms prior to booking a Course.

  1. 2 HE Co-op offers access to the Course Store subject to the Customer's acceptance of these Conditions, HE Co-op's Website Terms, Privacy Policy and any other rules and procedures which may be published from time to time on the Website (together referred to as the "Terms"). By purchasing any Courses from the Course Store, the Customer agrees to be bound by the Terms. Should the Customer not agree to these Terms, he/she may not use the Course Store.
  2. 3 HE Co-op reserves the right to amend or replace these Conditions at any time. Any amendments to the Conditions will be published on the Website. It is the Customer's responsibility to check the Conditions periodically. The Customer's continued use of the Course Store following the posting of any amendments to the Conditions will constitute acceptance of such amendments. If the Customer does not agree to any amendments of the Conditions, he/she has to cease accessing the Course Store.
  3. 4 The Customer acknowledges and agrees that:

Course

2.5 2.6

  1. 4.1 it is using the Course Store as a booking and payment platform only and that the contractual relationship for the content and delivery of the Course will be directly between the Customer and the Provider,
  2. 4.2 HE Co-op will not have any liability for any Material or content of any Course supplied by Course Provider or for the failure of the Course Provider to supply the Course or Material for any reason including but not limited to the Course Provider's insolvency,
  3. 4.3 it has satisfied itself as to the suitability of a Course advertised on the Course Store prior to purchasing it and entering into an agreement with the Course Provider.

A binding agreement shall come into effect at the time HE Co-op issues to the Customer confirmation of Purchase by email.

All communication between HE Co-op and the Customer will be through the email address provided by the Customer. The Customer should communicate with HE Co-op usingrelevantemailaddressessupplied(which maydifferbyreferencetothesubject matter of the intended communication).

  1. ACCEPTANCE OF AN ORDER AND WHO YOUR CONTRACT IS WITH
  2. 1 HE Co-op will issue the Order Acknowledgment upon receipt of the Customer's credit or debit card authorisation. The Order Acknowledgement confirms HE Co-op's acceptance of a Customer's offer to purchase a Course. HE Co-op is free to accept or decline a Customer's offer in its sole discretion. At the same time, HE Co-op will also inform the Course Provider of the Customer's successful purchase of the Course.
  3. 2 No Order Acknowledgment will be issued until HE Co-op has received payment in full for the Course or any requirements notified to the Customer by HE Co-op have been satisfied.
  4. 3 The Customer is responsible for ensuring that the information provided by it which leads to:-
  5. 3.1 the setting up and operation of an Account including the provision of an appropriate email address; and
  6. 3.2 acceptance of an offer to purchase the Course

are correct. The Customer is solely responsible for updating Account details including its email address from time to time should any information provided change.

  2. 4 The Customer agrees that it is solely responsible for ensuring that it possesses the necessary skills and experience described in the Course Enrolment Information for any specific Course.
  3. 5 Any samples, drawings, descriptions other information or advertising on the Course Store, and any descriptions or illustrations contained in HE Co-op's catalogues or brochures, or on the Website are issued or published solely to provide the Customer with an approximate idea of the Course they describe. They do not form part of the contract between the Customer and HE Co-op.
  4. INTELLECTUAL PROPERTY RIGHTS AND CONTENT ON THE COURSE STORE
  5. 1 The Customer agrees to provide complete, true and accurate information about itself

when booking a Course and to keep such information updated and accurate.

  2. 2 The Course and any Materials are subject to copyright and are intended for the Customer's individual learning purposes only.

4.3 The Customer agrees that all material, data, software, text, design, graphics, images and other content contained in or delivered via the Course Store or made available by HE Co-op in connection with the Course Store is protected by copyright, trademarks or other intellectual property rights. The Customer agrees that it shall use the Course Store only for purposes allowed under these Conditions.

  1. PAYMENT
  2. 1 Fees are inclusive of VAT unless indicate otherwise.
  3. 2 HE Co-op will take payment of the Fees from the Customer and process it on behalf of the Course Provider.
  4. 3 The Customers must pay the Fees using debit or credit cards accepted by HE Co-op. All payments must be made in pounds sterling.
  5. 4 Refunds: The Course Provider Terms will set out its cancellation refunds policy. In the event that the Customer needs to cancel or move attendance of a Course, it is the Customer's responsibility to discuss this directly with the Course Provider. For a limited time after making a booking for a Course, the Customer has statutory rights to cancel it and obtain a refund in relation to the Fees. The Statutory cancellation rights for every Course are fully set out in the Course Provider Terms. Any communication or dispute in relation to refunds of the Fees must take place between the Customer and the Course Provider directly.
  6. 5 HE Co-op shall not under any circumstances be responsible or liable for any refunds in relation to Fees paid including but not limited to errors in issuing refunds or for lack of funds by the Course Provider to refund Fees. The Course Provider may refund any Fees directly to the Customer or authorise HE Co-op to pay the refund to the Customer if the Fee has not been paid over to the Course Provider at the time when the refund application is made.
  7. LIABILITY

Neither party's liability under these Conditions shall exceed the sum equal to the Course Fees you have paid and in no circumstances shall either party be liable (1) for any losses, damages, costs and/or expenses arising from events outside such party's reasonable control, (2) for any consequential, economic, indirect or special loss howsoever arising, and/or (3) for any loss of profits, revenue, business, opportunity, goodwill, interest or savings (whether direct or indirect) provided nothing in this clause shall be construed so as to exclude or limit a party's liability for death or personal injury caused by negligence or any other liability which by law cannot be excluded or limited.

  1. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform its obligations under this agreement arising from fires, floods, acts of God, strikes, riots or any other cause beyond its reasonable control ("force majeure") provided the affected party notifies the other immediately and in the case of HE Co-op takes all reasonable measures to mitigate the effects of the force majeure on its obligations and to resume the performance of its obligations as soon as possible after the force majeure.

  1. SUSPENSION OF SERVICE

HE Co-op will be entitled to suspend and, in appropriate cases, terminate the Customer's right to the Course Store. The circumstances in which HE Co-op may exercise these rights (which HE Co-op will do with email notice to yourself) are:

8.1 You are in material breach of any of the terms and conditions of these Conditions

including, without prejudice to generality, any payment you have purported to make is in any way voided.

  1. 2 HE Co-op is advised and have reason to believe the advice provided that you have breached any licence right or any third party terms and conditions that you have agHE Co-op to become subject to in connection with the Course.

  2. 3 You act in such a way as to threaten, intimidate or otherwise make threats to any of our staff.

  3. COMMUNICATION PRIVACY AND DATA PROTECTION

  4. 1 Calls to any helpline or customer service facility provided by HE Co-op may be recorded for

training and quality assurance purposes.

  2. 2 HE Co-op treats your privacy with great care. We recognise that you provide personal data when you purchase a Course and at other points of time in our relationship with you. You should familiarise yourself with our Privacy Statement which can be found on www.HE Co-op.co.uk. Please read this. The Privacy Statement informs you what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used or a paper copy of our Privacy Statement, please contact us at student.support@HE Co-op.co.uk or on 0207 206 7228. By entering into this agreement you agree that you have read and accept the terms of the HE Co-op Privacy Statement.
  3. 3 When you established an online Account with HE Co-op you also agHE Co-op what information relating to HE Co-op products and services you would be interested in being provided with. You will have authorised us to send information as appropriate by email, phone, post, or SMS. You are entitled to change these preferences at any time and should access the relevant part of our website to achieve this. If you have not created an online account with HE Co-op, please email us at student.support@HE Co-op.co.uk should you wish to change contact preferences.
  4. 4 You also agHE Co-op whether we would be entitled to share with selected third parties who may offer goods and services of possible interest to you. You will have authorised third parties to send information as appropriate by email, phone, post, or SMS. You are entitled to change these preferences at any time and should access the relevant website to achieve this.
  5. 5 The personal information you provide will be passed to the Course Provider in order to complete the booking of a Course.
  6. 6 Further information about use of and access to your personal data, and details of partner organisations are available on request from student.support@HE Co-op.co.uk.
  7. 7 If you want to change your options with the Course Provider about their contacting you for surveys or research, or to tell you about courses and other leaning opportunities, or how they can contact you should contact the relevant Course Provider.
  8. 8 From time to time it may be in your interests for HE Co-op to communicate with third parties who are concerned in any way with the provision of your Course or any assessment or examination that is made available to you. In accepting these Conditions you agree that we may share relevant personal data with such a third party without prior notification to yourself. This step will only be taken where HE Co-op as reason to believe that your interests may be prejudiced should HE Co-op not take such action.
  9. NOTICES All notices sent by you to HE Co-op must be sent to our Correspondence address (set out under

the definitions in clause 1). We may give notice to you at either your e-mail address or postal

address provided to us. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e- mail was sent to the specified e-mail address of the addressee.

  1. WAIVER No waiver by either party of any provision of these Conditions shall be binding unless expressly

confirmed in writing.

  1. SEVERABILITY

If any provision of these Conditions is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions of these Conditions.

  1. GOVERNING LAW AND JURISDICTION These Conditions shall be governed by and construed in accordance with English law and the

parties submit to the exclusive jurisdiction of the courts of England and Wales.

HE Co-op Online Limited Registered Company , c/o Moore and Smalley, Murley Moss Business Village, Oxenholme Road, Kendal, LA9 7RL.