By accessing and using HYA Training Limited website ("the website"), users acknowledge and undertake to comply with these terms and conditions. In these terms and conditions, "we", "us" or "HYA" means HYA Training Limited.
Access to the website and content
The information provided by us on the website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice. We will endeavour to allow uninterrupted access to the website, but access to the website may be suspended, restricted or terminated at any time. We reserve the right to change, modify, substitute or remove without notice any information on the website from time to time. We assume no responsibility for the contents of any other websites to which the website has links.
The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) belongs to HYA Training Limited, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own non-commercial off-line viewing. You shall retain ownership of all copyright in data you submit to the website. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
Exclusions of liability
We use reasonable endeavours to ensure that the data on the website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the website. We do not guarantee that the website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the website, or from any use of the website or reliance on the data transmitted using the website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the website save where such liability cannot be excluded by law.
We do not give any warranty that the website is free from viruses or anything else which may have a harmful effect on any technology.
If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected. We may modify these terms and conditions at any time by publishing the modified terms and conditions on the website. Any modifications shall take effect three days after posting on the website.
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
HYA Training Limited,
Hi-Tech House, Hi-Tech Park
1.1. By ordering any of our courses you agree to be bound by these Terms.
1.2 Any breach of this agreement and the terms contained within will render you liable pursuant to the provisions of clause 7.3 below
1.3 HYA Training Limited reserves the right to:
suspend or terminate access to On-line Access and/or cease to provide the Services where you are in breach of any of these Terms;
delete, vary or change any content at any time; and
terminate or cancel Orders.
1.4 Our main trading address is our registered office address HYA Training Limited, Hi-Tech House, Hi-Tech Park, Goulton Street, Hull, HU3 4DD.
1.5. You remain at all times responsible and liable for any and all activities if On-line Access is accessed using your account details and password.
1.5.1 You shall ensure that any password you choose in order to gain On-line Access remains confidential at all times.
1.5.2 In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.
1.6 Any registration information requested from you by HYA Training Limited to gain On-line Access or purchase a / course / s must be complete, accurate and current.
1.6.1 If any registration details change you must notify us of those changes immediately.
2.1 This section governs the sale of a / course / s to you; the provision of the Services and any materials provided by HYA Training Limited.
2.2 Payment for any course undertaken must be received in full or as part of an agreed instalment plan, entered into prior to the course delivery. Payment will not be accepted as received until funds have cleared into HYA Training Limited's account.
2.3 HYA Training Limited reserves the right to change the price of any course/s at any time, except for any and all courses that have already been purchased, and related funds have cleared into HYA Training Limited's account, or are being paid as part of an instalment plan.
2.4 When under condition of purchase through an instalment plan, any delayed/late or incomplete payment would be subject to a mandatory discussion or meeting with HYA Training's management team and may result in a 5% interest being added to all outstanding and future payments.
3. ORDER AND DELIVERY OF THE COURSE
3.1 HYA Training Limited reserves the right to accept or decline any Order received to purchase a / course / s under these Terms.
3.2 No Order relating to a / course / s shall be deemed to be accepted by us unless and until we have confirmed acceptance of your Order by confirming dispatch of your username and password via email and your course materials via post.
3.3 If applicable, a / course / s will normally be despatched within five (5) working days of your Order. Should a / course / s be unavailable we will notify you as soon as possible.
3.4 Although we make every effort to ensure that a / course / s will be available at the time of Order please note that dispatch times are estimated.
3.5 Should an order be raised for multiple products, where purchased by an employer, the time leading to despatch of working materials could be increased due to the required changes in the sign-up process.
3.6 The contract between us will relate only to a / course / s whose dispatch we have confirmed in accordance with clause 3.2
3.7 If any of the course materials and software are defective or missing you must notify HYA Training Limited immediately.
3.8 Clause 3.7 does not apply where HYA Training Limited has notified you that the course materials and software will be provided in instalments.
3.9 Except in the case of a clear defect in a / course / s (or any part thereof), you will be deemed to have accepted a / course / s if you do not notify us within seven (7) working days after delivery that you wish to cancel or are returning the materials and software (or any part thereof).
3.10 Nothing in these Terms shall be deemed to affect your statutory rights as a consumer.
4.1 By accepting these Terms, you also agree to the provision by the Training Provider of the Services set out in clause 4.3.
4.2 We or the Training Provider may sub-contract our obligations under these Terms (including without limitation the provision of the Tutor Support) to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
4.3 The Services include Assessor Support, assignment marking and examination administration and are for the Assessor Support Period. The Assessor Support Period may be extended for an agreed fee.
4.4 If you opt to sit an external examination, the Training Provider will use reasonable endeavours to provide you with such information to assist you in making such examination arrangements.
4.5 Where third-party course membership is applicable it is limited to 12 months only.
4.6 Any Exams must be taken within 6 months of the expiry date of your Tutor Support
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Intellectual Property Rights in the course(s), materials and the software are owned by and shall remain vested in the Training Provider or its licensors.
5.2 You agree that you will not
(i) reverse engineer,
(k) disassemble in any way.
5.3 By agreeing to these Terms we procure that the Training Provider grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course only for your own personal use and for completing the Course.
5.4 The licence granted to you to Access On-line content shall be personal to you and non-transferable.
6.1 We may terminate the agreement set out in these Terms if:
you are in material breach (including non-payment) of any provision of these Terms which is not remediable; or,
if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your On-Line Access until such a breach has been remedied; or,
you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); or,
you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
7.1 If you wish to cancel an Order you should, as soon as possible, contact the Individual learner department of the Training Provider by telephone, by email or in writing to its registered address.
7.2 If you have already received the course or online access details and/or already undertaken your course, You will not have the right to cancel your order.
7.3 If you decide to leave/cancel your course prior to completion, you must pay an administration fee of £85 (Inc VAT) to HYA Training, in order for us to cover the costs of the attributed course.
8. COMPLAINTS PROCEDURE
8.1 If you have any complaints then contact the Individual learner department via firstname.lastname@example.org.