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.
TERMS AND CONDITIONS
THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 20.
1 | DEFINITIONS
1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.
“Code Institute” means one of the organisations responsible for the delivery and development of the Course Materials.
“Consumer” means an individual acting outside the course of business.
“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 Course Fees.
“Course” means any Course, unit or units of learning you purchase from us.
“Course Fees” means the amount payable by you for the Service.
“Course Materials” means all material provided by us and/or our service providers to you following your Enrolment which shall include but is not limited to: online learning material – including log in passwords; and online mentoring and tutoring.
“Course Provider” refers to one of our service provider companies that provide the Learning People 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.
“Credit Agreement” means a loan contract arranged with our Lending Partners.
“Deko” means an administrative agent for either Honeycomb Ltd or Omni Capital Retail Finance Ltd who will be the lender.
“Enforce” means the lender resorting to a court of law for an order directing you to pay.
“Enrolment Date” means the date on which we confirm your Enrolment or such other date as determined by us.
“Guarantee” means the written instrument that sets out the terms of an Indemnity.
“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.
“Interest Free” means that there is no interest cost for credit provided under a Credit Agreement.
“Learning Pathway” is a personal development plan specific to an individual’s requirements. It maps out the educational steps required to meet specific career goals.
“Lending Partner” means any other lending institution suggested 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.
“Order” means an offer by you to purchase Services in accordance with these Terms.
“Payment Default” means two payments overdue under a Credit Agreement arranged under a credit option to pay for the Course Materials.
“Registration” means your official registration with the Learning People upon payment.
“Referee” means a person being referred to Learning People by an existing Student.
“Referrer” means an existing Student referring someone to Learning People.
“Service” means the provision of the Course by us or any of our service providers to you.
“Skillsoft” means one of the organisations responsible for the delivery and development of the Course Materials.
“Student” means a single user to any of the Online Learning Systems by a unique username and protected by a user defined password.
“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a Credit Agreement and demand full payment of all amounts due under it.
“Terms” means the Terms and Conditions set out in this document.
“The Learning People” means the Learning People (IRE) Ltd – Company No. 567040, a company incorporated in Ireland whose registered address is 8-9 Westmoreland St, Dublin 2, Ireland OR the Learning People Ltd – Company No. 07182042, a company incorporated in England and Wales whose registered address is The Agora, Second floor, Ellen Street, Brighton and Hove, BN3 3LN, United Kingdom.
“The Learning People Website” means www.learningpeople.com/uk.
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 a person or firm who purchases a Service from the Learning People.
1.4 | A reference to a clause is to a clause of these Terms.
2 | BASIS OF A SALE
2.1 | These Terms and the Continuous Payment Authority – if applicable – constitute the entire agreement between you and us for the supply of the Service.
Please check that the details in these Terms and your Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, 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 and agents.
2.2 | You acknowledge in agreeing to these Terms that you have not relied on any statement, promise, representation, assurance or warranty made or given on behalf of the Learning People which is not set out in this document.
2.3 | The Order constitutes an offer by you to purchase Services in accordance with these Terms.
2.4 | A quotation shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.6 | You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol on a specific Course and that you will comply with the Course Rules.
3 | ENROLMENT
3.1 | Your Enrolment Date is the date your Online Learning System login details are issued to you.
3.2 | Your Enrolment will be limited to the period specified for your Course or training package, commencing from the Enrolment Date.
3.3 | Extensions to your Enrolment may be considered where a request is made in writing at least 14 days prior to the date on which your Enrolment is due to end.
3.4 | You confirm that you understand any prerequisite skills or experience applicable to your proposed Course and examination. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.
4 | CONSUMER RIGHTS
4.1 | By logging into the Online Learning System you acknowledge receipt of the Service from us.
4.2 | Subject to clause 4.7, you can Terminate your Enrolment within 14 days from your first payment or Registration date, whichever is the earliest.
4.3 | You may cancel your Continuous Payment Authority at any time within 14 days of the date you made your first payment to us. However, if this is after 14 days you are still liable for the outstanding Fee and must find an alternative form of payment.
4.4 | To cancel your Enrolment, as provided for in clause 4.2, you must inform us in writing via
Email: firstname.lastname@example.org and/or
Post: The Learning People Ltd, The Agora, Second floor, Ellen Street, Brighton and Hove, BN3 3LN, United Kingdom.
4.5 | Subject to clause 4.7, if you cancel your Course you will receive a full refund of the Course Fees paid for the Course. We shall make refunds within 30 days of receipt of your written notification.
4.6 | Subject to clause 4.7 and for the avoidance of doubt, if you have logged on to the Online Learning System and downloaded material or completed over three hours of training, as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.
4.6.1 | Subject to clause 4.7 and for the avoidance of doubt, if you have logged on to the Code Institute Online Learning System and completed over 5 hours of training or accessed the designated Mentor service as indicated by our records, you will not be able to cancel your Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.
4.7 | You cannot cancel the Code Institutes Coding Fundamentals for Business Professionals, once you have logged on to such Course and to the maximum extent permitted by law, we have no liability to provide you with a refund of the Course Fees paid – in whole or in part.
4.8 | The provisions of this clause 4 do not affect your statutory rights.
5 | DELIVERY OF COURSE MATERIALS
5.1 | 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 to the email address you provide to us. On receipt of the login, you will be able to access the online Course Materials.
5.2 | We shall use all reasonable endeavours to meet any performance dates agreed but any such dates shall be estimates only and time shall not be of the essence for the performance of any Service.
5.3 | We have the right to make any change to the Service which is necessary to comply with any applicable law or which does not materially affect the nature or quality of the Service.
6 | YOUR OBLIGATIONS
6.1 | You shall:
6.1.1 | ensure that the terms of the Order are complete and accurate;
6.1.2 | cooperate with us in all matters relating to the Service;
6.1.3 | provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects.
6.2 | If the performance of any of our obligations is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation – “Default”:
6.2.1 | we shall without limiting our other rights or remedies have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and
6.2.2 | we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause 6; and
6.2.3 | You shall reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from any Default.
7 | STUDENTS WITH DISABILITY
The Learning People cannot supply equipment, computers, aids or software for a Student with a disability. However, StudentCareTM will endeavour to supply any information a Student requires in terms of examination booking and special requirements.
8 | COURSE MATERIALS
8.1 | Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free.
8.2 | You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.
8.3 | For the avoidance of doubt, we will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date.
8.4 | In circumstances where you discover an error or inaccuracy in the content contained in the Course Materials and/or the Online Learning System and notify us of this, we shall aim to rectifies the error or inaccuracy within 45 business days of notification.
8.5 | We will use our reasonable endeavours to ensure that whilst you are enrolled on a Course 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; 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.
8.6 | 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.
8.7 | If you do experience problems with the Online Learning System or access to Course Materials, please contact the Learning People StudentCareTM on 01273 907 900, or by emailing email@example.com.
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.
Should the Learning People team not be available or are unable to help, useful contact details can be found on our StudentCare™ page.
However, for all project management and IT students, Skillsoft technical support is available 24×7 by emailing firstname.lastname@example.org or ringing 0800 973 184, and for Code Institute email email@example.com
8.8 | You (the Student) are explicitly granted a license to the course materials directly exclusively related to your learning pathway. 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 please contact your Career Consultant to discuss adding it to your course content so you can legally gain access to it.
9 | COURSE FEES AND ENROLMENT
9.1 | The Course Fees will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time. Prices are liable to change at any time, but price changes will not affect your orders that we have confirmed in writing.
9.2 | The Course Fees include VAT where VAT is applicable. However, if the rate of VAT changes between the date of the Order and the Enrolment Date, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.
9.3 | It is always possible that, despite our efforts, a Course may be incorrectly priced. We will normally check prices as part of our order process so that, where the correct Course Fee is less than its stated price, we will charge the lower amount when enrolling you on the Course. If the pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect – lower price.
9.4 | Payment for all Courses must be made in advance by credit or debit card or in accordance with the Continuous Payment Authority. We accept payment with Visa, Visa Debit, MasterCard and American Express. We also accept payment by bank transfer and cheque.
9.5 | Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may:
9.5.1 | charge interest on the overdue amount at the rate of 5% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount; or cancel or suspend your access to all Course Materials until you have paid the outstanding amounts; or
9.5.2 | cancel the Continuous Payment Authority and require you to pay any balance outstanding in full; or
9.5.3 | terminate this agreement by giving you written notice and if you fail to pay all outstanding amounts within 14 days after being notified in writing to do so.
9.6 | Clauses 9.1 and 9.5 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received an invoice that you dispute it.
9.7 | Subject to any exception outlined in clause 9, Course Fees cover all Course Materials.
10 | CONSEQUENCES OF TERMINATION
On termination of this agreement for any reason:
10.1 | You shall immediately pay us all outstanding invoices and interest and in respect of a Service supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt; and
10.2 | You shall return all Course Material which have not been fully paid for; and
10.3 | The accrued rights, remedies, obligations and liabilities of the parties as at the expiry or termination shall be unaffected, including the right to claim damages which existed at or before the date of termination or expiry; and
10.4 | Clauses which expressly or by implication survive termination shall continue in full force and effect.
10.5 | Beyond the 14 day cooling off period no refunds will be available for unused course or exam fees.
11 | COURSE FEES AND COURSE MATERIAL EXTENSIONS
11.1 | Unless expressly stated, Course Materials and Course Fees do not include certification fees, examination fees personal stationery, special materials and texts and any other study related material you may elect to purchase.
11.2 | The mode of assessment varies between Courses and between training 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 Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.
11.3 | You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course you confirm the compatibility of your computer system with published computer specification for Course Materials for that Course.
12 | TRANSFERRING THE COURSE TO SOMEONE ELSE
12.1 | If you purchase the Course as a Consumer, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.
12.2 | However, if you have purchased a Course on behalf of your company, and have provided that company’s details to us, we may, at our discretion, transfer your Enrolment/s to other people within your company only. Please contact us if you wish us to consider such a transfer.
12.3 | We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent.
13 | IT (INCLUDING EC COUNCIL) PACKAGES INCLUSIVE OF EXAMINATIONS AND RESIT FEES
13.1 | On the purchase of an IT package you are enrolled into a 12, 18 or 24 month licence – depending on your requirements.
13.2 | Where EC-Council training is supplied, one examination is included per EC-Council course with no resit.
13.3 | If you have purchased an IT package and opted to include examination and any resit fees in your purchase price the following terms are applicable, and clauses 11 and 14 do not apply.
13.4 | You may only sit exams outlined in your career pathway. If you are in any doubt, please contact your Career Consultant or StudentCareTM. We will not pay for any exam that is not in your Career Pathway.
13.4.1 | You must take any examinations, including necessary resits, within the original agreed student licence period of either 12, 18 or 24 months from the initial Registration date, unless otherwise agreed at the time of Registration; and
13.4.2 | you must access and complete all study modules and test preps associated with that exam; and
13.4.3 | you must achieve a minimum score of at least 90% in all associated exam preparation modules and test prep; and
13.4.4 | you must complete the test prep for the associated exam within the two – 2 – weeks prior to taking the exam; and
13.4.5 | you must access the Learning People training within the two – 2 – week period prior to taking the exam; and
13.4.6 | if you have not accessed any training module for at least two – 2 – months or more, you must complete the end of module test again, achieving a minimum score of 90% before sitting the exam; and
13.4.7 | if you fail an examination, including necessary resits, you must provide the Learning People with an original copy of the examination transcript within five – 5 – 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 and
13.4.8 | Resits do not take precedence over standard exam requests and are processed in standard timescales.
13.4.9 | We will not purchase exams during the initial 14 day cooling off period
13.5 | For the avoidance of doubt you will not be able to request a refund of the examination fees outside of the Terms set in clause 4.
13.6 | For the avoidance of doubt you will not be able to request multiple 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.
13.7 | Any terms and conditions set by Cisco, CompTIA, Microsoft and/or any other vendor, in respect of their examination guidelines are also applicable. It is your responsibility to understand and adhere to those terms and conditions.
13.8 | In order to book an exam, and only where you have purchased the training with exam costs included, you must ensure that all payments to the Learning People or your Third Party Finance Agreement are up to date. If your account is in arrears you will not be able to book your exam.
14 | PROJECT MANAGEMENT PACKAGES INCLUSIVE OF EXAMINATION, RESIT FEES AND PMI MEMBERSHIP
14.1 | On the purchase of a project management package You are enrolled into a 12 or 24 month subscription – depending on your requirements.
14.2 | If you have purchased a project management package and opted to include examination, resit fees, and a 12 month PMI membership in your purchase price the following Terms and Conditions are applicable, and clauses 11 and 14 do not apply.
14.2.1 | You may only sit exams outlined in your career pathway. If you are in any doubt, please contact your Career Consultant or StudentCareTM. We will not pay for any exam that is not in your Career Pathway.
14.2.2 | You must take any examinations, including necessary resits, within the original agreed student licence period of either 12 months, 18 months, 24 months or before the agreed completion date, unless otherwise agreed at the time of Registration; and
14.2.3 | you must access and complete all study modules and test preps associated with that exam, if provided; and
14.2.4 | you must achieve a minimum score of at least 80% in all associated exam preparation modules and test prep, if provided; and
14.2.5 | you must complete the test prep for the associated exam within the two – 2 – weeks prior to taking the exam; and
14.2.6 | you must access the Learning People training within the two – 2 – week period prior to taking the exam; and
14.2.7 | if you have not accessed any training module for at least two – 2 – months or more, you must complete the end of module test again, achieving a minimum score of 80% before sitting the exam; and
14.2.8 | if you fail an examination, including necessary resits, you must provide the Learning People with an original copy of the examination transcript within five – 5 – 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 and
14.2.9 | Resits do not take precedence over standard exam requests and are processed in standard timescales.
14.2.10 | We will not purchase exams during the initial 14 day cooling off period
14.3 | For the avoidance of doubt you will not be able to request a refund of the examination fees outside of the Terms set in clause 4.
14.4 | Any terms and conditions set by PMI, APMG and/or any other vendor, in respect of their examination guidelines are also applicable. It is your responsibility to understand and adhere to those terms and conditions.
14.5 | Your 12 month PMI membership requires you to complete the member application form which we have supplied to you.
14.5.1 | The membership will take up to one – 1 – month to be activated from the date you return your application form to the Learning People.
14.5.2 | For the avoidance of doubt you will not be able to request a refund of the PMI membership fee outside of the Terms set in clause 4.
14.6 | In order to book an exam, and only where you have purchased the training with exam costs included, you must ensure that all payments to the Learning People or your Third Party Financial Agreement are up to date. If your account is in arrears you will not be able to book your exam.
15 | CREDIT OPTION
15.1 | The Learning People Ltd work in partnership with a number of Third-Party Finance providers to provide you with the option to pay for your Course Fees by fixed and/or equal monthly instalments under a Credit Agreement
15.1.1 | You agree that you will take all reasonable steps to ensure that you provide full and accurate information. If you become aware that any information you have provided is false, inaccurate or misleading, you agree to inform us as soon as possible.
15.1.2 | The credit will be extended to you at the agreed interest rate and all pre contractual information will be provided to you directly by your chosen Third-Party Lender.
15.1.3 | If false or inaccurate information is provided, or if a reasonable suspicion of fraud or any other criminal offence is identified, details may be shared with fraud prevention agencies, law enforcement agencies, regulatory bodies and other interested parties who may access and use this information. We may access and use the information recorded by fraud prevention agencies to prevent fraud and money laundering.
15.1.4 | If you are accepted by a lender, you will be provided with pre-contract information, a credit agreement, and any further terms and conditions and information as required by legislation by the lender
15.2 | If you wish to apply for this option then The Learning People Ltd shall introduce or signpost you to the finance options. If the Third-Party Lenders agree to extend credit to you then they will pay Course Fees directly to The Learning People on your behalf.
15.3 | The Terms and Conditions of this contract that concern the provision of the Course Materials and Service are separate from those contained in the Credit Agreement and will be provided to you to consider in a precontractual form.
15.4 | If you decide to proceed with the credit option and you have signed the Credit Agreement you will then have 14 days to change your mind and withdraw from it. In the event that you decide to withdraw then you shall then need to make payment to us using an alternative method.
15.5 | Payment by this option will not affect the Terms that form this contract.
15.6 | Finance is provided through the Deko platform by a number of lenders. You will be offered the best rate available based on your credit history and our lenders’ credit decision policies. You will be informed who the lender is at the point the loan is offered and provided with their full contact details.
16 | INSTALMENT PLANS
16.1 | The Learning People may choose to allow you to pay your course fees by use of 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.
16.2 | To qualify for this service, you will be required to sign a continuous payment authority which constitutes a legally binding agreement between “yourself” and The Learning People and is to be read in conjunction with The Learning People Terms and Conditions.
16.3 | For the avoidance of doubt this agreement relates to payment of a fixed term licence commitment and does not relate to a subscription service and cannot be cancelled except where stated below:
You may request to cancel your continuous payment authority at any time. To do so please email firstname.lastname@example.org and we will action this immediately however this does not constitute cancellation of your course except where terms and conditions allow. We will automatically cancel / stop your payments when all outstanding monies owed to us are paid
If the continuous payment authority is cancelled and there are still monies owed to us, we will charge your nominated credit or debit card for the remaining amount before cancelling the authority unless other provision for payment have been agreed Course cancellations and refunds are only permitted in accordance with The Learning People (IRE) Ltd’s Terms and Conditions.
17 | COPYRIGHT AND INTELLECTUAL PROPERTY
17.1 | All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by the Learning People.
17.2 | All Course Materials are protected by copyright and are intended only for your individual learning purposes.
17.3 | You must not publish, copy, sell, broadcast, transmit, or otherwise reproduce or distribute any of the Course Materials otherwise than as permitted by law. You may, however:
17.3.1 | retrieve and display the Course Materials and content from the Online Learning System on your computer screen; and
17.3.2 | print one copy of the Course Materials – but not photocopy them; and
17.3.3 | store the Course Materials in electronic form – but not on any server or other storage device connected to a network.
17.4 | The Course Materials provided to you may contain licence agreements from parties other than us. Your Enrolment is subject to your compliance with any applicable licence agreements.
17.5 | You will be responsible for making good any loss we suffer if you use or copy the Course Materials other than in accordance with these Terms.
18 | Learning People Career Services
18.1 | We do not warrant or guarantee that the Learning People Career Services will result in or improve the likelihood of securing new employment or other benefit.
18.2 | We reserve the right to update, change or withdraw the Career Services service at any time and to decline to offer the service at our discretion.
18.3 | The service is only available in English.
19 | NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION
19.1 | We do not warrant or guarantee that your Enrolment in, or completion of, any Course will result in, or improve the likelihood of, you securing any kind of employment or other benefit.
19.2 | If you are already employed or engaged as an employee or consultant, we do not, warrant or guarantee that your Enrolment, or completion of any Course will result in, or improve the likelihood of, you receiving an increase of remuneration or any other benefit.
19.3 | You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.
20 | LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
20.1 | Nothing in these Terms shall limit or exclude the Learning People’s liability for:
20.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
20.1.2 | fraud or fraudulent misrepresentation; or
20.1.3 | breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 – title and quiet possession.
20.2 | Subject to clause 17.1:
20.2.1 | The Learning People shall under no circumstances whatever be liable to you, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms; and
20.2.2 | The Learning People’s total liability to you in respect of all other losses arising under or in connection with the Terms, whether in contract, tort – including negligence, breach of statutory duty, or otherwise, shall in no circumstances exceed the value of the Course Fees paid by you.
20.3 | The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
20.4 | This clause 17 shall survive termination of the Contract.
21 | EVENTS OUTSIDE OUR CONTROL
21.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of the Learning People including but not limited to strikes, lock outs or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
21.2 | The Learning People shall not be liable to the you as a result of any delay or failure to perform its obligations under the Terms as a result of a Force Majeure Event.
21.3 | If the Force Majeure Event prevents the Learning People from providing any Service, the Learning People shall, without limiting its other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you.
22 | CONFIDENTIALITY
22.1 | A party – “receiving party” – shall keep in strict confidence all technical or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party”, its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the terms, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to the Terms. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 22 shall survive termination of the Terms.
23 | NOTICES
23.1 | Any notice or other communication under or in connection with the Terms shall be in writing, sent to us at the address indicated in clause 4.4 or such other address as may be provided, and shall be delivered personally, sent by prepaid first class post or other next working day delivery service, commercial courier or email.
23.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 22.1; if sent by prepaid first class post or other next working day delivery service, at 9.00 am on the second business day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one business day after transmission.
23.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
24 | WAIVER
24.1 | A waiver of any right under the Terms or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy provided under the Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
25 | SEVERABILITY
25.1 | If any provision or part provision of the 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. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms.
26 | THIRD PARTY RIGHTS
26.1 | A person who is not a party to the Terms shall not have any rights to enforce its terms.
27 | VARIATION
27.1| Except as set out in these Terms, no variation, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing and signed by the Learning People.
28 | GOVERNING LAW and JURISDICTION
28.1 | These Terms, 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.
28.2 | Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation – including non-contractual disputes or claims.
29 | CONTENT AND COURSE DELIVERY
29.1 | All course content and course material is delivered by The Learning People Ireland, registered address 8-9 Westmoreland St, Dublin 2. Company number 567040.
All student support services are provided and delivered by The Learning People Ireland, who have a contractual relationship with The Learning People Ltd.
30 | REFER A FRIEND AND BE REWARDED
30.1 | If a current Student refers/recommends a Referee for a Course with the Learning People, they may then be eligible to claim a referral fee.
30.2 | The Referee may also be eligible to claim a cashback reward.
30.3 | The value of the referral fee or cashback reward is dependent on the Course the Referee goes on to enrol onto. The minimum amount will be £25 for the Student/Referrer and £25 for the Referee. This amount will be increased to £50 for each if the Referee enrols onto one of the course collections listed below;
Cyber Security Ethical Hacker collection, Cyber Security Starter collection, Networking Career Starter collection, IT Career Starter collection, Cyber Security Professional collection, Cyber Security Analyst collection, Full Stack Developer package, Project Manager Everything collection, IT Project Manager Entry collection, IT Project Manager Intermediate collection, IT Project Manager Advanced collection, PMP collection, CAPM collection, Complete Web Design and Software Developer collection, Novice to Pythonista collection, Big Data collection, Networking collection, Systems Administration collection, Cloud & Virtualization collection.
30.4 In order to be eligible to claim rewards the Student must complete this form: https://www.learningpeople.com/refer-a-friend to obtain their unique referrals URL. The Referee must then enquire via the unique URL sent to them by the Referrer, or call up and quote the unique referral code referenced in the URL sent to them.
30.5 | A Student/Referrer will not automatically be offered a reward upon referring another candidate, they must request one from the Learning People team by contacting StudentCareTM
30.6 | The Referee will not automatically be offered a reward upon referring another candidate, they must request one from the Learning People team by contacting StudentCareTM
30.7 | A Student or Referee is only eligible for a reward once both parties have paid in full. If either party is paying on a monthly basis, both must have completed all payments before a reward can be claimed.
30.8 | Both the Student and Referee will only be eligible for their reward after the 14 day cancellation period is complete for the Referee and both the Referee and Student have paid in full as per 30.7 above
30.9 | There are no restrictions on how many people can be referred whilst an individual is a Student with the Learning People, so long as the criteria listed above is fulfilled.