Terms and conditions

TERMS AND CONDITIONS

 

Learning People takes its responsibility to its students very seriously. Please read these Terms and Conditions carefully, if you have any questions please don’t hesitate to contact enquiries.

 

1 | DEFINITIONS

1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.

“AMOS” means one of our Course Providers.

“Code Institute” means one of our Course Providers.

“Continuous Payment Authority” means your written authority for us to take payments from your bank account or credit card for the purpose of paying the Fees.

“Course” means any course(s), unit or units of learning you purchase from us and included within your Learning Pathway.

“Course Materials” means all material provided by us and/or our Course Providers to you following your enrolment which shall include but is not limited to online learning materials (including log in passwords) and online mentoring and tutoring.

“Course Provider” refers to one of our service provider companies that provide the Course Materials.

“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed by us and our service providers as in force from time to time. A copy of all of these documents are available on request.

“Credit Agreement” means a loan contract arranged between you and one of our Lending Partners to help you pay the Fees.

“Enrolment Date” means the date on which we confirm your enrolment or such other date as determined by us and confirmed to you in writing.

“Fees” means the amount payable in full by you for the Service.

“ILX” means one of our Course Providers.

“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get up, goodwill, 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.

“Learning Pathway” means the Course(s) and certifications or accreditations mapped to your development plan and the educational steps required to meet your career goals.

“Lending Provider” means any lending institution introduced to you by the Learning People from time to time.

“Online Learning System” means an internet based system hosted by the Learning People or any of its service providers for delivery and management of the Course and the system may include, but is not limited to, online learning material, online mentoring and tutoring and online assessments, and the Learning People website (www.learningpeople.com/uk).

“Referee” means a person being referred to Learning People by an existing Student.

“Referrer” means an existing Student referring someone else to Learning People.

“Service” means the provision of the Study Programme by us, with support from our Course Providers, to you.

“Skillsoft” means one of our Course Providers. 

“Student” means a single user of any of the Online Learning Systems by a unique username and protected by a user defined password.

"StudentCare" is a registered brand name of Learning People in respect of our support and career services.

“Study Programme” means the service which Learning People provides from the Enrolment Date which includes a Learning Pathway, Course Materials, exams, wellbeing support, career services support and student advice. 

“Leap Careers” is a brand name of Learning People in respect of career services. 

“Terms” means the terms and conditions set out in this document.

“Learning People” means The Learning People Ltd, registered with company number 07182042, incorporated in England and Wales whose registered address is The Agora, Second floor, Ellen Street, Brighton and Hove, BN3 3LN.

1.2 | References to “we”, “us” and “our” are references to the Learning People.

1.3 | A reference to “you”, “your” or “yourself” is reference to an individual person who purchases a Service from the Learning People.

1.4 | A reference to a clause is to a clause of these Terms.

 

2 | SIGNING UP TO A STUDY PROGRAMME

2.1 |Please read these Terms and the details of your Study Programme carefully before you enrol. If you think that there is a mistake, please contact us so we can address any concerns and please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees.

2.2 | You confirm that you are solely responsible for ensuring that you possess the necessary capability required to enrol on a specific Learning Pathway and that you will comply with the Course Rules and these Terms throughout the duration of your Study Programme. 

2.3 | The Course Materials provided to you may contain licence agreements from companies other than us, including for example the Course Providers. You must comply with the terms of those licence agreements for the duration of your Study Programme. Please contact us if you are not sure where to find copies of these agreements. 

2.4 | Our examination providers also have examination guidelines that you must follow during your Study Programme. These guidelines are available on request from your applicable examination provider. Please contact us if you are not sure who your exam provider is and we will confirm this for you. 

2.5 | The Service is only available in English and it is your responsibility to ensure you have the right working visa(s) in place in order for us to support you in identification of future employment opportunities 

2.6 | We do not warrant or guarantee that your enrolment in, or completion of, any Study Programme will result in, or improve the likelihood of, you securing any kind of employment or other benefit.

2.7 | If you are already employed or engaged as an employee or consultant, we do not warrant or guarantee that your enrolment onto or completion of any Study Programme, will result in or improve the likelihood of you receiving an increase of remuneration or any other benefit.

2.8 | You are solely responsible for ensuring that the purchase of, and your enrolment onto, any Study Programme is appropriate to your specific needs and objectives.

             

3 | ENROLMENT

3.1 | Your Study Programme will be limited to the period specified for your Learning Pathway, commencing from the Enrolment Date.

3.2 | Extensions to your Study Programme may be considered where a request is made in writing at least 14 days prior to the date on which your Study Programme is due to end.  In certain circumstances there is a fee payable by you to extend your Study Programme. If such a fee is applicable to you, we will confirm the amount payable by you at the time a request for an extension is made so that you can decide whether or not you wish to pay the fee and extend your Study Programme.

3.3 | For applicable Project Management Learning Pathways, you must complete the relevant member application form which we have supplied to you (you can request another copy from us if needed). 

3.4 | You are responsible for ensuring you have appropriate computer equipment to undertake your Study Programme which involves accessing online content. Students who consider themselves to have a disability must declare this at the time of enrolment and we will endeavour to facilitate suitable arrangements for them on a case by case basis.

3.5 | We ask you to pay a deposit at the time of enrolment, which is a percentage of the applicable Fees for your Study Programme. We will confirm the exact amount due at the time of enrolment and deposits must be paid by credit or debit card or direct bank transfer. We reserve the right to withhold your deposit if you exercise your right to cancel in accordance with clause 4.1, provided that the deposit sum is a fair amount which reflects the administrative time we have spent on setting up your enrolment up to the point of your cancellation. We will confirm whether any part of your deposit is refundable at the time we receive your notice of cancellation. 

 

4 | CANCELLATION

For the avoidance of doubt these Terms relate to a commitment to a Study Programme and do not relate to a subscription service which, except where stated below, cannot be cancelled. The provisions of this clause 4 do not affect your statutory rights.

4.1 | Subject to clause 4.2, you can cancel your Study Programme within 14 days from the date of your first payment or your Enrolment Date, whichever is the earliest. To cancel your Study Programme within this period you must inform us in writing via:

Email:  [email protected] and/or

Post: The Learning People Ltd, The Agora, Second floor, Ellen Street, Brighton and Hove, BN3 3LN, United Kingdom.

4.2 | By logging into the Online Learning System within your 14-day cooling-off period you waive your right to cancel your Study Programme and you will no longer be able to exercise your right to cancel.

4.3 | If you wish to cancel your Study Programme in accordance with clause 4.1, and you have entered into a Continuous Payment Authority with us, you must also cancel this within the same 14 day period. Please notify us using the contact details in clause 4.1 to do this. Once the 14 day period has expired you may cancel your Continuous Payment Authority but you will remain responsible for the full Fees payable for your Study Programme and you must source an alternative payment method. 

4.4 | If you cancel your Study Programme in accordance with clause 4.1 you will receive a full refund of the Fees less (i) any deposit you have paid which we will retain to cover our administrative costs under clause 3.5 and (ii) any licence and/or exam fees we have already incurred which are non-refundable (see list of courses below where such fees are non-refundable). We shall make refunds within 30 days of receipt of your written notification of your cancellation.  

 

5 | YOUR OBLIGATIONS

5.1 | You shall:

5.1.1 | ensure that the terms of the Study Programme meet your training needs and career aspirations;

5.1.2 | cooperate with us in all matters relating to the Service;

5.1.3 | provide us with such information as we may reasonably require in order to provide the Study Programme and ensure that such information is accurate.

5.2 | If our performance of the Service is prevented or delayed by any act or omission by you (a “Default”) then: 

5.2.1 | we will notify you of this and we shall have the right to suspend performance of the Study Programme until you remedy the Default; and

5.2.2 | we shall not be responsible for any costs or losses incurred by you arising from your Default; and

5.2.3 | you shall reimburse us on reasonable request for any costs or losses we incur as a result of your Default.

 

6 | COURSE MATERIALS

6.1 | We will use our reasonable endeavours to provide login details for the Online Learning System specific to you within five (5) business days from the Enrolment Date. We will do this by emailing the login details to the email address you provide to us. On receipt of the login, you will be able to access the online Course Materials.

6.2 | You are solely responsible for any costs and expenses related to accessing and/or running the Course Materials on any computer system. We strongly recommend that before enrolling on any Study Programme you confirm the compatibility of your computer system with published computer specification for Course Materials for the relevant Study Programme.

6.3 | Unless expressly stated, Course Materials do not include personal stationery, special materials, textbooks and any other study related material you may elect to purchase at your own cost. 

6.4 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Study Programme that the Course Materials will be available to you via the Online Learning System on an uninterrupted basis save for:

i) unavailability due to our or a Course Provider’s scheduled maintenance of the Online Learning System; this occurs weekly on Sundays between 17:00 and 19:00 GMT; or

ii) additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or

iii) an event outside our control (for more details on these circumstances see clause 16).

6.5 | We shall have no responsibility or liability to you for your inability to access the Online Learning System due to issues beyond our control such as the speed of your internet connection or other connection devices used, your use of third party security software or firewall/proxy servers, or the performance levels of your internet service provider.

6.6 | If you do experience problems with the Online Learning System or access to Course Materials, please contact StudentCare on 01273 907 900, or by emailing [email protected] . We will attempt to resolve such problems within a reasonable time. You agree to provide us with such diagnostic information as we may reasonably require in order that we may resolve the problem. 

6.7 | Should our team not be available or are unable to help with any access issues, useful contact details can be found on our StudentCare page. For all project management and IT students:

- Skillsoft technical support is available 24×7 by emailing [email protected] or ringing 0800 973 184;

- Code Institute support is available by emailing [email protected]; and

- ILX support is available by emailing [email protected]

6.8 | You are granted a licence to access and use the Course Materials solely in respect of your Learning Pathway for the duration of the Study Programme. Where other content is made available to you, it is provided solely to allow you to review the scope of other content available for purchase. If the additional content proves to be something of interest to you then you should contact your career consultant to discuss adding it to your course content so you can legally gain access to it.

6.9 | Where a Learning Pathway includes a live class it is provided as part of the overall Study Programme.  If you fail to attend the class, this does not constitute grounds for your withdrawal from the Study Programme.

6.10 | The mode of assessment varies between Study Programmes and between Course Providers and may include online assessments and/or submission of written assessments or any combination thereof. We reserve the right to change the mode of assessment applicable to a Study Programme at any time, including after your start of your Study Programme. We will give you as much notice as possible of any change to the mode of assessment.

6.11 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we cannot guarantee that the Course Materials will be error free.

6.12 | You acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time. If you discover an error or an inaccuracy in the Course Materials and/or the Online Learning System then please notify us and we will take all reasonable steps to promptly rectify this. You cannot cancel your Study Programme as a result of any inaccurate content.

6.13 | We have the right to make any change to a Study Programme which is necessary to comply with any applicable law. We will give you as much notice as we can of any changes which may affect your Study Programme.

 

7 | FEES 

7.1 | The Fees will be as set out in the quotation we provided to you on the basis that the quotation is valid for 14 days. We reserve the right to amend the Fees if you still wish to enrol on a course after your quotation has expired.

7.2 | The Fees include VAT. However, if the rate of VAT changes between the date of the quotation and the Enrolment Date, we will adjust the VAT you pay, unless you have already paid for the Study Programme in full before the change in the rate of VAT takes effect.

7.3 | It is always possible that, despite our efforts, a Study Programme may be incorrectly priced. If you think we have made a mistake, please contact us to discuss your concern and we will endeavour to address any incorrect pricing in a fair and transparent way. 

7.4 | Payment for all Study Programmes must be made in full on or before the Enrolment Date, by credit or debit card, direct bank transfer or a direct payment from a Lending Provider with whom you have entered into a Credit Agreement.  We do accept payment in instalments via a Continuous Payment Authority but only on prior written agreement by us. 

7.5| The option to pay in instalments through a Continuous Payment Authority or through a Credit Agreement are intended to facilitate access to the Study Programme for a wider range of students where there is an inability to pay in full on or before the Enrolment Date. For the avoidance of doubt, if a Student wishes to pay in instalments the Fees are still payable in full and this will remain the case even if the Student fails to participate or complete their Study Programme.

 

8 | CREDIT AGREEMENTS

8.1 | We work in partnership with a number of Lending Providers to give you the option to pay for your Study Programme by fixed and/or equal monthly instalments under a Credit Agreement.

8.2 | If you wish to enter into a Credit Agreement then we will signpost you to the options available. If the Lending Provider agrees to extend credit to you then they will pay the Fees directly to us on your behalf in respect of your Study Programme.

8.3 | If you sign a Credit Agreement and then decide to withdraw from it you are still responsible for paying the Fees and you must make payment using an alternative method.

8.4 | Your Credit Agreement is with a third party and not with us.  You are solely responsible for ensuring your monthly payments are made on time. Any default in payment may result in additional charges, debt recovery and legal proceedings. 

8.5 | Should you choose to discontinue your studies, or withdraw from your Study Programme, you are still bound by the terms of your Credit Agreement with your chosen Lending Provider and you will continue to be responsible for ensuring your monthly payments are made on time.

 

9 | CONTINUOUS PAYMENT AUTHORITY

9.1 | We may allow you to pay your Fees using a fixed term instalment plan. Please note that this service is offered at our absolute discretion and is not considered to be a regulated credit agreement under the Consumer Credit Act 1974.

9.2 | To qualify for this service, you will be required to sign a Continuous Payment Authority which constitutes a legally binding agreement between you and us and that agreement must be read in conjunction with these Terms.

9.3| If you cancel your Continuous Payment Authority and there are still monies owed to us, we will charge your nominated credit or debit card for the remaining amount before cancelling the Continuous Payment Authority unless you have already agreed an alternative payment method with us in writing. 

 

10 | FAILURE TO PAY

10.1 |If you do not pay us on time, we will notify you of the outstanding amount due and we may:

10.1.1 | suspend your access to all Course Materials until you have paid the outstanding amounts; or

10.1.2 | cancel the Continuous Payment Authority if payment remains outstanding for more than 14 days and require you to pay any balance outstanding in full; or

10.1.3 | pass your debt to a third party debt collection agency if you fail to pay all outstanding amounts within 30 days after being notified in writing to do so.

 

11 | EXAMINATIONS AND RESITS

11.1 | When you purchase a Study Programme you are enrolled into a 12, 18 or 24 month Study Programme depending on your requirements. We will confirm the length of your applicable Study Programme in writing. 

11.2 | The cost of your Study Programme includes exam fees and may include resit fees. Please check our exams policy (available on request) if you are unsure about which fees are included.

11.3 | You may only sit exams outlined in your Study Programme. If you are in any doubt, please contact your StudentCare consultant. We will not pay for any exam that is not in your Study Programme. The following terms apply in respect of exams:

11.3.1 | you must take any examinations, including necessary resits, within the original agreed study period of either 12, 18 or 24 months from your Enrolment Date, unless otherwise agreed with us in writing at the time of enrolment; and

11.3.2 | you must access and complete all study modules and test preps associated with that exam within two weeks prior to taking the exam; and

11.3.3 | you must achieve a minimum score of (i) at least 80% in all associated exam preparation modules and test prep for Learning Pathways in our Technology Study Programmes and (ii) at least 70% for our Project Management Study Programmes; and

11.3.4 | if you have not accessed any training module for at least two months or more, you must complete the end of module test again, achieving a minimum score of 80%/70% (depending on the type of Study Programme) before sitting the exam; and

11.3.5 | if you fail an examination, including necessary resits, you must provide us with an original copy of the examination transcript within five days of each failed examination. You will need to re-take the test prep prior to the issue of an exam voucher for re-sit.

11.4 | You will not be able to request multiple exam vouchers, we will only supply one voucher for a single exam in a series. Each time an exam is passed or re-sat we will provide the single appropriate voucher for the next exam on production of the latest passed/failed exam report.

11.5 | In order to book an exam you must ensure that all payments to us or your Lending Provider are up to date. If your payments are in arrears you will not be able order your exam voucher.

11.6 | If your Study Programme includes an EC-Council licence and exam, this must be activated within your original study period as noted in clause 11.3.1. Failure to activate your EC-Council licence within your original study period will result in the licence being forfeited and you will not be entitled to a refund in such circumstances. If you fail an EC-Council exam we only permit 4 resits in any 12 month period and we reserve the right to charge a £100 administration fee per resit. A resit cannot be booked within 14 days of the last exam sat.  

 

12 | OWNERSHIP OF COURSE MATERIALS

12.1 | All Intellectual Property Rights in or arising out of or in connection with the Service, including the Course Materials, shall be owned by us. You must only use the Course Materials for your own individual learning purposes.

12.2 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials. You may, however:

12.2.1 | display the Course Materials and content from the Online Learning System on your computer screen; and

12.2.2 | print one copy of the Course Materials, provided you do not photocopy them; and

12.2.3 | store the Course Materials in electronic form, provided they are not stored on any server or other storage device connected to a network.

12.3 | If you breach any of the requirements set out in this clause, we may recover any costs or losses we incur as a result of 

 

13 | DATA PROTECTION

13.1 | We will hold, use and process your personal data in accordance with our privacy promise, a copy of which is available here: https://www.learningpeople.com/uk/privacy-promise/.

13.2 | As set out in our privacy promise, we may share your personal data with our Course Providers (including exam providers) and third party companies who may have suitable career opportunities for you. You can decide to opt out of us sharing your information in this way by contacting StudentCare via [email protected].

 

14 | ENDING YOUR STUDY PROGRAMME

14.1 | If you wish to withdraw from your Study Programme or you experience a change in your personal circumstances which might affect your ability to complete and/or pay for your Study Programme then please contact us using the contact details in clause 4. We will decide the best course of action on a case by case basis in accordance with the guidelines and examples set out in our policy, and whilst we will endeavour to take all reasonable factors into consideration, our decision regarding your participation in your Study Programme and the treatment of any outstanding fees is final. 

 

15 | LIMITATION OF LIABILITY

15.1 | Nothing in these Terms shall limit or exclude the Learning People’s liability for:

15.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or

15.1.2 | fraud or fraudulent misrepresentation.

15.2 | Subject to clause 15.1, The Learning People is responsible for losses you suffer unless the loss is:

15.2.1 | an unexpected loss, meaning such loss was not obvious and nothing you said to us before we commenced the Service meant we should have anticipated such loss might occur;

15.2.2 | an avoidable loss, meaning a loss you could have avoided by taking reasonable steps (including but not limited to correctly following our instructions); or

15.2.3 | a loss of profit, loss of business or loss of business opportunity (including but not limited to any loss of employment opportunity) arising under or in connection with the Service.

 

16 | EVENTS OUTSIDE OUR CONTROL

16.1 |A Force Majeure Event means an event beyond our reasonable control including but not limited to an act of God, fire, flood, storm, war, riot, civil commotion, compliance with any law or governmental regulation, strikes, lock outs or other industrial disputes or any default of our suppliers or subcontractors.

16.2 | If a Force Majeure Event occurs which impacts on our ability to perform the Service then we will not be responsible to you for any consequences you suffer as a result and we shall endeavour to recommence performance of the Service as quickly as we can. 

16.3 | If the Force Majeure Event continues for a prolonged period, we may need to terminate the Service and in such circumstances we will give you written notice of our intention to do this and confirmation of the termination date.  

 

17 | REFER A FRIEND 

17.1 | If a Referrer recommends a Referee for a study programme with us, they may be eligible to claim a referral voucher. The value of the referral voucher is dependent on the course the Referee enrols onto; the minimum amount will be £50 for the Referrer. 

17.2 | In order to be eligible to claim a referral voucher the Referrer must email [email protected] with their Learning People reference number (as shown on our invoice) along with the Referee’s email address, name and details of the study programme they wish to enrol on.

17.3 | A Referrer is only eligible for a referral voucher once both the Referee has enrolled onto a Study Programme and the relevant cooling off period referred to in clause 4 has passed. 

17.4 | There are no restrictions on how many people can be referred by a Referrer, so long as the criteria listed above is fulfilled for each referral.

 

18 | GENERAL

18.1 | Transfer of rights. Your Study Programme is personal to you and you may not transfer it to any other person. We may at any time on written notice to you transfer (or deal in any other manner) with our rights under this agreement, including subcontracting or delegating any or all of our obligations to a third party.

18.2 | Variation. We have the right to revise and amend these Terms from time to time. If such circumstances arise, we will notify you in writing of any amendments. Unless and until we confirm any amendments in writing, no variation of these Terms will be enforceable or effective. 

18.3 | Waiver. If we wish to waive any right under these Terms it will only take effect if it is in writing. No failure or delay by us in exercising any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict our further exercise of that or any other right or remedy. 

18.4 | Severability. If any provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. 

18.5 | Third party rights. A person who is not a party to the Terms shall not have any rights to enforce its terms.

18.6 | Governing law. These Terms, and any dispute or claim arising out of or in connection with them or their formation, shall be governed by and interpreted in accordance with the law of England and Wales.

18.7 | Jurisdiction. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their formation.

 

19 | ACCEPTANCE AND SIGNATURE

19.1 | By signing these Terms, you confirm that you have read through them and you understand and accept the extent of your responsibilities when you enrol on a Study Programme with us. 

19.2 | If you have opted to pay your Fees through a Credit Agreement, by signing these Terms you are accepting responsibility for your repayments to your chosen Lending Provider. Your Lending Provider will send you a reminder of your repayment details for your reference and they may call you to confirm that you have commenced your Study Programme.