Elite Crew LTD – Terms and Conditions

 

Please read these Terms carefully before purchasing a Course and print off a copy for your records. Elite Crew LTD (EC) will not file or otherwise keep a copy of the agreement concluded between you and EC and a copy of the concluded agreement will not be available from EC at a future time and date. By ordering a Course, you are confirming your agreement to be bound by these Terms.

 

Elite Crew LTD (company number 11900767), its registered office at 136 Hall Street, Offerton, Stockport, United Kingdom, SK1 4HE.

 

  1. Definitions

 

“Additional Charges” means any amounts payable that are not Fees and may include, but are not limited to, payment for the delivery of Study Materials, any re-sit fees which EC may charge from time to time if applicable, any administration charge for switching location of a Course, additional services, examination entries and re-sit fees and any import duties, taxes and customs clearances which may be payable;

 

“EC” means Elite Crew LTD with company number 11900767 and registered office at 136 Hall Street, Offerton, Stockport, United Kingdom, SK1 4HE;

 

“Brochure” means any online or hard copy document that is produced by EC to provide detailed information with respect to the Courses these Terms cover;

 

“Classroom Course” means a classroom-based course and the Study Materials to be provided by EC if applicable;

 

“Course” means either a Classroom Course and/or an Online Course whichever is purchased by you;

 

“Fee” means the fee payable for the Course and/or Study Materials and shall exclude any VAT payable and excludes Additional Charges;

 

“Online Course” means a course delivered online and if applicable the Study Materials to be provided by EC;

 

“Online Study Materials” means, but is not limited to, Online Tests, Online Tutorials and Online Downloads;

“Study Materials” means, but is not limited to, online theoretical training, question banks, review exercises, mock exams (papers and suggested solutions), course companions, online study materials, and study texts;

 

“Terms” means these Terms and Conditions;

 

“Website” means www.elitecrew.co.uk; and

 

“you” means the individual purchasing the Course.

 

 

 

 

  1. Ordering Procedure

 

2.1 Unless otherwise agreed with EC in writing, all course bookings will be made via the Website or telephone.

 

2.2. When you place an order for a Course you are offering to purchase that Course on these Terms. EC reserves the right to decline or cancel your order, or any part of your order.

 

2.3. Following receipt by EC of your order for a Course and, where applicable, payment of the Fee you will receive an email confirming that your order has been received by EC. Your order will be subject to acceptance by EC of your offer to purchase in accordance with clause 2.5 below.

 

2.4. A legally binding agreement shall not come into existence until EC has accepted your offer to purchase a Course by:

 

a)    sending you an order acceptance confirmation email or written order acceptance confirmation by post, which will be effective upon sending or posting to you at the email or postal address you have provided; and

 

b)    receiving payment for the Course in cleared funds from yourself or if applicable your employer in accordance with these Terms.

 

2.5. Where your order consists of multiple Courses, each individual Course will be treated by EC as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Courses will not be an acceptance by EC of your offer to purchase any other Courses which make up your order.

 

2.6. EC reserves the right to withdraw at any time Courses advertised for sale on the Website and/or the Brochure.

  

3.  Payment Terms

 

3.1. The Fee for any Course at any given time will be displayed on the Website and the Brochure and/or will be notified to you by an EC representative. Fees are quoted and payment shall be made in pounds sterling, inclusive of VAT and any Additional Charges.

 

3.2. If you purchase a Course on the Website:

 

a)    the Fee including VAT where applicable and any delivery charges payable in relation to delivery of Study Materials, if applicable, will be shown prior to completion of the online transaction; and

 

b)    Your order will be confirmed only upon receipt of the Fee in cleared funds by EC and will be subject to acceptance of your offer to purchase by EC in accordance with clause 2.

 

3.3. The provision of the Course is contingent upon EC having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Course. Without prejudice to EC’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Course is booked if you are responsible for paying the Fee or within 30 days from the date of the invoice if your employer is responsible for paying the Fee, save that payment will be due immediately if booking is made less than 30 days before the Course start date), EC reserves the right, forthwith and at EC’s sole discretion, to suspend the provision to you and refuse you entry to the relevant Course.

 

3.4. Where you choose to invoice your employer for the payment of the Fee, the following additional terms shall apply:

 

a)    upon receiving your order form signed by the training manager or other individual designated by your employer, EC will send an invoice to your employer;

 

b)    full payment in cleared funds of the Fee is due from your employer within 30 days from the date of the invoice;

 

c)    payment is due immediately if booking is made less than 30 days before the Course start date;

 

d)    you and your employer are joint and severally liable for all unpaid invoices; and

 

e)    you authorise EC to release to your employer details of your attendance, marks, exam results, general progress reports and any other information reasonably requested by your employer and which EC in its sole discretion considers appropriate for it to provide.

 

3.5. No Study Materials will be made available online, dispatched to you by EC or be made available for collection, unless EC has received full payment in cleared funds from you or your employer (including payment of delivery charges where applicable) in respect of the related Fee.

 

3.6. EC reserves the right to charge late payment interest on any overdue amounts, at a rate of 6% a year above the base lending rate of the Bank of England from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

 

3.7. EC reserves the right to recover any reasonable debt collection costs in connection with these Terms.

 

3.8. EC will not bear your travel or accommodation expenses unless stated in the Brochure or Website.

 

4.  Cancellation Rights

 

For consumers (people who purchases goods and services for personal use)– please note the following)

 

4.1. There may be circumstances under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) when you may wish to cancel your purchase of the Course. However, your right to cancel and obtain any refund will be lost if you have given EC express consent to supply any services during the Cancellation Period and the service has been performed.

This consent includes ticking the box giving such consent at time of purchase. If the contract is for the supply of digital content, including but not limited to Online Course and Online Study Materials, your right to cancel and obtain any refund will be lost if you have given EC express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period. This will be deemed as having accepted these Terms and Conditions and accessed the course. You do not have a right to change your mind in respect of other services, once these have been completed, even if the cancellation period is still running. If express consent has been given but the service is only part performed, you will be liable to pay for the services actually received.

 

4.2. Subject to clause 4.1, there may be circumstances under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) when you may cancel your purchase of the Course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded subject to clause 2. The following rules apply:

 

a)    Within the Cancellation Period and not having begun the course, you must inform EC of your decision to cancel by emailing info@elitecrew.co.uk

 

b)    If you cancel your purchase you must return any Study Materials you may have received from EC without undue delay and not later than 14 calendar days after you inform EC of the cancellation. You will be liable for the cost of returning any goods to EC unless EC has agreed otherwise in writing.

 

c)    EC reserves the right to withhold payment of part or all of your Fee refund until all Study Materials have been returned in accordance with clause 4.3 above or if Study Materials are not returned in a re-saleable condition.

 

d)    On cancellation you will be entitled to a full refund of the Fees subject to the following limitations:

 

i.               In relation to delivery costs, the refund amount will be capped at the cost of a standard postal method fee; and

 

ii.              If the value of the goods has been diminished by your handling, EC may recover the amount of this diminished value by deducting this amount from your refund.

 

4.3. If you cancel a Course after the Cancellation Period, EC will deduct from any refund of your Fee the cost of all applicable delivery charges, including delivery costs.

 

4.4. Refunds will normally be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing EC of the cancellation. The period for refund will increase to 30 days if EC is unable to credit a UK bank account. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has not yet been paid then such invoice will be cancelled. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has already been paid by your employer, the Fees will be credited to your employer’s bank account within 14 days of cancellation (provided a UK bank account can be credited). For monetary returns a request in writing to EC is required from your employer.

 

4.5. For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.

 

4.6. Your order of a Course is personal to you and you will not be permitted to transfer your enrolment on a Course to any other student.

 

4.7. EC reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside clause 4 and clause 5 and to charge an additional fee in any such event to cover the administration costs incurred by EC. Any such additional fees will be communicated to you before you make your decision.

 

4.8. Where you have purchased multiple Course components (e.g. Remote Learning, Classroom Course) as part of a EC package of products and you cancel or defer one or more of those elements, each component which you cancel or defer will be treated separately and the relevant cancellation and deferral terms and administration costs set out in this clause 4 will apply to each cancellation or deferral. The value of each of the components will be determined by the then current fee which would apply if you purchased the individual component.

 

4.9. Subject to these Terms, you may cancel the Course by giving written notice to EC using the email address info@elitecrew.co.uk  and EC reserves the right to charge you a cancellation fee. EC’s policy for such cancellations is set out below:

 

X = Number of full days’ written notice of cancellation received by EC from you (days before the Course start date)

 

Y= Cancellation fee due as percentage of the Fee

X – Y

0 – 4 100%

5 – 29 80%

30 – 59 50%

60 – 89 30%

90 – 179 10%

180 and more 0%

 

4.10. Any costs incurred by EC in preparation of the agreed service will be charged to you but will be limited to a maximum of the Fee, less any applicable cancellation fee.

EC cancellation.

 

4.11. If (a) EC declares that a Course is subject to a minimum number of participants and that minimum number of participants is not reached; or (b) a Course cannot be performed due to force majeure or other reasons beyond EC’s reasonable control, then EC may cancel the Course.

 

4.12. In the situations set out in clause 4.11, EC will use its endeavours to notify you about the cancellation at least one week before the Course start date. Any Fees paid by you will be refunded. Any other claims by you will be excluded.

 

5.  Deferment and Delay

 

5.1. If, due to force majeure or other reasons beyond EC’s reasonable control (Including where the instructor is ill), the Course cannot be performed at the agreed date, or could only be performed with unreasonable economic effort, then the Course will be performed on the next possible date agreed.

 

6.  Courses

 

6.1. Please see the description of the Course on the Website and/or in the Brochure for details of the contents of the available Courses.

 

6.2. Except as set out in the description of the Course on the Website and/or in the Brochure, no additional Study Materials and/or tuition (either online, face to face or classroom) will be provided by EC.

 

6.3. You acknowledge that EC operates a zero-tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at EC’s staff or other students and unfair or dishonest practices including but not limited to cheating, will not be tolerated under any circumstances. EC may at its reasonable discretion and without liability or an obligation to refund Fees, refuse to supply any Classroom Course to any student and may refuse to admit to, and may remove from any EC premises, any student whose participation in any Classroom Course would, in EC’s reasonable opinion, be undesirable or whose behaviour EC considers is or may be in breach of these Terms.

 

6.4. You must comply with all health and safety rules and regulations and any other reasonable security requirements (including relevant safety and accident prevention rules applicable for training within EC) that apply at the premises at which Classroom Courses are provided.

 

6.5. You must only use the premises at which Classroom Courses are provided for the purposes of participating in Classroom Courses.

 

6.6. Training will take place at the EC training premises or at the client premises as specified. Daily schedules of training will correspond with the customary working hours of EC unless otherwise agreed upon in writing. EC is responsible for performing the training. EC reserves the right for the training to be partly or wholly performed by duly qualified third parties in EC’s name. In all circumstances, certification will be effected by EC.

 

6.7. If you require a visa to enable you to study with EC, then you are responsible for obtaining the necessary visa and for ensuring that your attendance is satisfactory to meet your visa requirements.

 

6.8. You must sign an attendance register for each Classroom Course as required by the instructor.

 

6.9. Your personal possessions are your sole responsibility and EC accepts no responsibility and/or liability for anything that is lost or stolen from its venues. You are advised during a Classroom Course to keep your valuables with you at all times.

 

6.10. If a successful completion of the training requires any test or examination, the test or examination will be made according to the applicable EC rules. EC does not warrant that the participant will reach the intended training level, nor does EC warrant that a participant will pass the exam.

 

6.11 All parts of the course must be completed within 12 months of enrolling. Beyond this timeframe parts of the course may need to be repeated, with associated costs, as EC determines necessary for the customer to reach the required standard of competence.

 

7.  Provision of eLearning Services

 

7.1 Payment is taken at the time of booking / ordering unless otherwise agreed in writing beforehand. At all times full payment will have to be made before starting a course.

 

7.2 Bookings are either made in writing via the website or via telephone. Telephone bookings must be confirmed in writing upon request. Please quote purchase order numbers where applicable. Bookings are final when full payment has cleared and been received by EC.

 

7.3 Electronic course materials or e-learning will be made available as soon as payment has been received by EC, unless otherwise stated. This is typically within 24 hours between Monday to Friday and within office hours.

 

7.4 Electronic courseware access is for a period of 6 months from point of purchase unless stated otherwise at time of purchase. After the initial 6-month period access may be withdrawn without notice. Further access can be purchased by contacting EC.

 

7.5 Should a customer decide to cancel their course, after course material has been accessed, we do not offer partial refunds.

 

7.6 E-learning access is only for the registered user. Use by other persons under the same registered user, will incur the full course cost to any additional persons.

 

7.7 All content on the EC e-learning system is copyright and not to be copied, reproduced.

 

8.  Regulatory and legislative change

 

8.1   Certain Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, EC may produce Courses covering the new material. If new legislation or regulations supersedes existing Courses, these may be available for purchase as new Courses.

 

9.  Warranties

 

9.1. EC will provide the Study Materials in accordance with the Course description that is set out on the Website.

 

9.2. EC expects you to take reasonable care to verify that the Course and Study Materials in question will meet your needs. EC does not make any commitment to you that you will obtain any particular result from your use of the Study Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

 

9.3. EC does not make any representation, guarantee or commitment to you that the Study Materials will be error free.

 

9.4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.

 

10. Limitation of liability

 

10.1. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or fraudulent misrepresentation; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

 

10.2. Except as set out in these Terms, EC shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

a) indirect or consequential losses;

b) loss of income or revenue;

c) loss of business;

d) loss of anticipated savings; or

e) loss or corruption of data.

 

10.3. Save as otherwise set out in this clause 9, EC’s maximum aggregate liability to you for any claims that you may have against EC for direct loss in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.

 

10.4. EC will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond EC’s reasonable control. This condition does not affect your statutory rights.

 

10.5. Each provision in this clause 9 shall be construed separately as between you and EC. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

 

11. Intellectual property

 

11.1. At all times, EC and/or its licensors, remain the owner of the intellectual property in the Courses and the Study Materials. No Course and/or Study Materials, nor any part thereof may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of EC.

 

11.2. In consideration of receipt by EC of the Fee, EC grants to you a non-exclusive, non-transferable licence to use the Study Materials for the sole purpose of studying for the Classroom Course and/or the Online Course.

 

11.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Study Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program.

 

11.4. Use of the Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either EC’s copyright or EC’s other intellectual property rights, and/or the copyright or other intellectual property rights of EC’s licensors.

 

12. Data protection

 

12.1. EC will process the information it receives from you or otherwise holds about you in accordance with these Terms and the Privacy Policy. You consent to the use by EC of such information in accordance with these Terms and EC’s Privacy Policy.

 

13. General

 

13.1. EC may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

 

13.2. These Terms and the Website Terms of Use (if you purchase the Course via the Website) constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms.

 

13.3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

 

13.4. EC may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

 

13.5. No relaxation or delay by EC in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by EC in writing.

 

13.6. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

 

13.7. Any notices required to be served on you by EC under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to you, at EC’s discretion. Any notices required to be served on EC by you will be deemed properly served if sent to the address as per clause 13.

 

13.8. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

 

13.9. The agreement between you and EC will be concluded in English only.

 

13.10. The agreement between you and EC which is compromised in these Terms is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

 

13.11. These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.

 

14. Contact us

 

Elite Crew LTD

136 Hall Street, Offerton, Stockport, United Kingdom, SK1 4HE.

Email: info@elitecrew.co.uk