Terms & Conditions
1 | DEFINITIONS
1.1 | The definitions in this clause apply in the Terms and Conditions set out in this document.
“Consumer” means an individual acting outside the course of business.
Course Fees” means the amount payable by you for the Service.
“Course Materials” means all material provided by us or XpertLearning Approved Vendor 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 XpertLearning Approved Vendor course provideror who providesXpertLearning Course Materials
“Course Rules” means and shall include any rules, regulations, standards, policies, codes, charters and guidelines prescribed.
“Enrolment Date” means the date on which we confirm your Enrolment or such other date as determined by us.
“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.
“Online Learning System” means an internet based hosted system for delivery and management of the eLearningCourse material.
“Order” means an offer by you to purchase Services in accordance with these Terms.
“Service” means the provision of the Course/s by us to you
“Student” means a single user to any of the Online Learning Systems by a unique username and protected by a user defined password.
“Terms” means the Terms and Conditions set out in this document.
“Xpert Learning means a company incorporated in United Arab Emirates whose registered address is Block 2A, Office G46A, Dubai Knowledge Park, Po Box 500383, Dubai, UAE
“Vendor” means the organisation responsible for the delivery and development of the Course Materials.
“Video Collections” are two separate online collections of videos comprising either Business or IT titles
2 | ENROLMENT
2.1 | Your Enrolment Date is the date your Online Learning System login details are issued to you.
2.2 | Your Enrolment will be limited to the period specified for your Course or training package, commencing from the Enrolment Date.
2.3 | 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.
3 | CONSUMER RIGHTS
3.1 | By logging into the Online Learning System you acknowledge receipt of the Service from us.
4 | CANCELLATION AND REFUND
4.1 | All purchases and payments made will be final and non-refundable, except where explicitly it is statedas part of refund/ cancellation options offered for a specific offering.
4.2 | All packages/ offers are valid for the period specified in the subscription package selected from date of purchase. No refund will be given if you wish to discontinue the Services before the end of the period.
4.3 | Refunds would not be given if there is any failure on part of internet service provider to provide internet under user’s region or data limits due to fair usage policy applicable on user’s internet plans.
4.4 | Packages and prices have been specifically divided under categories of 1-4 users, 5 users, 6 to 10 users, 11 to 25 users & 26 to 50 users and must be purchased under these categories with prices mentioned thereof. Any increase to number of users will lead to change in prices and subscriber will have to pay the difference, any decrease to number of users will not be refunded once paid.
4.5 | Any refund request apart from reasons mentioned above shall be considered on case to case basis and will require at least 30 to 45 working days to be completed.
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 endeavors 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 | COURSE MATERIALS
6.1 | 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.
6.2 | 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.
6.3 | 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.
6.4 | 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 notify the correct Course Provider.
6.5 | 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.
6.6 | 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 modem – 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.
6.7 | If you do experience problems with the Online Learning System or access to Course Materials, please contact XpertLearning by emailing us at firstname.lastname@example.org.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
7 | COURSE FEES AND ENROLMENT
7.1 | The Course Fees are set out on our website. Prices are liable to change at any time and will be displayed on our website at all times.
7.2 | The Course fees will include VAT as applicable in UAE
7.3 | Payment for all Courses must be made in advance by credit or debit card. We accept payment with Visa, Visa Debit, MasterCard and American Express. We also accept payment by bank transfer and cheque.
7.4 | Subject to any exception outlined earlier, Course Fees cover all Course Materials.
7.5 | 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.
7.6 | 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.
8 | TRANSFERRING THE COURSE TO SOMEONE ELSE
8.1 | If you purchase the Course as a Consumer or a Company, your Enrolment in a Course is personal to you or the people within your company only.You may not transfer the Course to any other person.
8.2 | 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.
9 | PAYMENT GATEWAY AND JURISDICTION
9.1 | Payments that you make through the Site will be processed by a third-party payment gateway and our company XpertLearning a company registered in UAE. We use standard and authorized payment gateway services. All disputes would be handled by arbitration proceedings as decided by XpertLearning and will be subject to jurisdiction of England and Wales.
10 | IT PACKAGES
10.1 | If you have purchased an IT package/courses, examination fees are not included in your purchase price
10.2 | You must take any examinations, including necessary resits, at an Authorised Testing Centre
10.3 | It is your responsibility to understand and adhere to the terms and conditions set by Cisco, CompTIA, Microsoft and/or any other vendor, in respect of their examination guidelines.
11 | PROJECT MANAGEMENT PACKAGES
11.1 | If you have purchased a project management package examinationfees and PMI membership are not included in your purchase price.
11.2 | You must take any examinations, including necessary resits, at an Authorised Testing Centre
11.3 | It is your responsibility to understand and adhere to the terms and conditions set by PMI, APMG and/or any other vendor, in respect of their examination guidelines.
12 | MICROSOFT OFFICE SPECIALIST PACKAGE
12.1 | On purchase of a Microsoft Office Specialist – “MOS” – package you are enrolled into a 12-month subscription.
12.2 | All Terms listed herein apply, however;
12.3 | Upon purchase of an MOS package, no refunds will be available once training has been logged into, and;
13 | COPYRIGHT AND INTELLECTUAL PROPERTY
13.1 | All Intellectual Property Rights in or arising out of or in connection with the Service shall be owned by Xpertlearning and or Authorised Vendor Partners.
13.2 | All Course Materials are protected by copyright and are intended only for your individual learning purposes.
13.3 | 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:
13.3.1 | retrieve and display the Course Materials and content from the Online Learning System on your computer screen; and
13.3.2 | print one copy of the Course Materials – but not photocopy them; and
13.3.3 | store the Course Materials in electronic form – but not on any server or other storage device connected to a network.
13.4 | 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.
13.5 | 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.
14 | NO WARRANTY OR GUARANTEE AS TO CAREER ADVANCEMENT AND REMUNERATION
14.1 | 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.
14.2 | 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.
14.3 | You are solely responsible for ensuring that the purchase of, and your Enrolment in, any Course is appropriate to your specific needs and objectives.
15 | LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
15.1.1 | death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
15.1.2 | fraud or fraudulent misrepresentation; or
15.1.3 | breach of these terms
15.2 | Subject to clause 15.1:
15.2.1 | XpertLearning 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
15.2.2 | XpertLearning’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.
15.3 | This clause 15 shall survive termination of the Contract.
16 | EVENTS OUTSIDE OUR CONTROL
16.1 | For the purposes of the Terms, Force Majeure Event means an event beyond the reasonable control of XpertLearning 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.
16.2 | XpertLearning 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.
16.3 | If the Force Majeure Event prevents XpertLearningfrom providing any Service, XpertLearning shall, without limiting its other rights or remedies, have the right to terminate these Terms immediately by giving written notice to you.
17 | CONFIDENTIALITY
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 17 shall survive termination of the Terms.
18 | NOTICES
18.1 | 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 1.1 under 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.
18.2 | A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 1.1; 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.
18.3 | The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
19 | WAIVER
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.
20 | SEVERABILITY
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.
21 | THIRD PARTY RIGHTS
A person who is not a party to the Terms shall not have any rights to enforce its terms
22 | VARIATION
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 XpertLearning
23 | GOVERNING LAW and JURISDICTION
23.1 | 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.
23.2 | 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.
24 | INDEMNIFICATION
24.1 | You hereby indemnify, defend, and hold XpertLearning, XpertLearning’s partners, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our product.