Terms and Conditions for Distance Learning Programmes
In these Terms and Conditions, the following phrases have these meanings:
“LLA” means Logistics Learning Alliance Ltd of 62-64 Market Street, Ashby-de-la-Zouch, Leicestershire, LE65 1AN, United Kingdom.
“Charges” means the monetary charges made by LLA for the provision of the Services.
“Contract” means the agreement concluded between LLA and the Customer, incorporating these terms and conditions.
“Course Material” means course materials and case studies materials whether hard copy or by way of documentation provided digitally or online resource.
“Customer” means the party who purchases or agrees to purchase the Services. This may or may not also be the Student.
“Distance Learning Programme” means a Learning Programme without face-to-face tuition.
“Face to Face Learning Programme” means a Learning Programme including the provision of face-to-face tuition.
“Intellectual Property” means Intellectual Property in the learning materials issued by LLA and all rights (registered and unregistered) in any designs; applications for any of the foregoing; copyright; database rights; rights protecting goodwill and reputation; know-how; and all rights and forms of protection of a similar nature to these or having equivalent effect anywhere in the world.
“Learning Programme” means any learning programme provided by LLA to the Customer whether of Distance learning or face-to-face learning.
“Party” means either of LLA and the Customer as applicable, together being the “Parties”.
“Services” means the provision of a programme of learning by LLA including the provision of assignments, administrative support, coaching assessment, and tutoring.
“Student” means the individual Student who undertakes the Learning Programme if this is not the Customer. Students may also be referred to as Students.
2 APPLICATION OF TERMS AND CONDITIONS
These terms and conditions apply to all Contracts between the Parties and Learning Programmes provided by LLA and are the only terms upon which LLA will enter into any agreement to deal with the Customer and these terms and conditions shall always govern and apply to the Contract to the entire exclusion of all other terms and conditions unless expressly agreed by us in writing (including any terms or conditions which the Customer tries to apply under any purchase order, confirmation of order, specification or other document).
Upon making payment for any programme of learning with LLA, customers are agreeing to be bound by these terms and conditions as notified in the associated invoice or payment request.
3 SUPPLY AND COMPLETION OF LEARNING PROGRAMME
LLA shall: (i) perform the Services; and (ii) supply Course Materials; and (iii) provide guidance as required on research materials and activities.
Learning Programme’s will be completed within a timescale set by the Awarding Organisation. Where completion takes more than this period the provision of administrative support, coaching and assessment will be at the discretion of LLA, and there may be a requirement to re-assess elements of the work submitted to ensure currency with relevant Awarding Organisation competencies and will require payment by the Customer of additional fees.
4 PRICE AND PAYMENT TERMS
Following acceptance by LLA of an application to enrol on the Learning Programme by way of completion by the Customer of an official LLA enrolment form LLA shall invoice the Customer.
The Customer shall pay to LLA the Charges in respect of the Services as set out in detail on the invoice by bank transfer to a bank account nominated by LLA or by credit/debit card within 30 days from the date of the invoice unless otherwise agreed in writing by LLA and payment must be received from the Customer in cleared funds before the Learning Programme can be commenced. Invoiced prices are only guaranteed before the invoice due date.
LLA reserves the right to charge interest on overdue accounts at 6% per annum over the Bank of England base rate, accruing on a daily basis.
Payment is due and payable at the time of invoice, in the full sum set out therein. However, LLA may, at its discretion and in agreement with the customer, allow payment over instalments at agreed intervals. An agreement to pay by instalments is a binding agreement by the Customer to make the agreed payments, at the agreed intervals. All instalments must be paid within the prior agreed parameters. Students will not be able to continue their studies unless all payments are up to date and failure to pay, could mean cancellation of the instalment arrangement and full balance becoming due or the pausing of their programme until payment is made, which could impact their time available to complete.
If the Customer or the Student is unable for whatever reason to complete the Learning Programme this will not bring the requirement to pay for the Learning Programme to an end and any liability for payment of Charges for the provision of the Services will remain, whether or not the Services are provided, and whether or not the Learning Programme is completed. For the avoidance of doubt:
If a Student leaves the employment of the Customer during the course of a Learning Programme and, as a result, the Student does not continue to complete the programme, the full Charges, as set out in the invoice, will remain payable by the Customer, including any payments due in future.
If a Student leaves the employment of the Customer during the course of a Learning Programme and continues with the programme, no payments already made will be refunded to the customer and all future and remaining payments will become payable by the Student, who will become the customer at this point.
For Distance Learning Programmes, the Programme starts immediately upon receipt of payment and from that point there is no right to cancellation and no refund entitlement.
For Distance Learning Programmes where a customer purchases programmes for a number of Students, the substitution of a Student for another may be permitted at the discretion of LLA and within a maximum of 3 months in accordance with the LLA Enrolment and Registration Policy. An administrative fee will be charged for any substitution.
In the event of bank charges affecting the amount received by LLA, from the Customer, LLA will cover £25GBP of the charges. The student is liable to pay for any further charges.
If a customer pays by Credit or Debit Card, payments will be made in £GBP, this may incur charges from the customers bank for currency conversion where the origin of the payment is not a UK Bank. Depending upon the exchange rate at time of payment, the final amount paid may differ. LLA accepts no liability for charges relating to exchange rate differences or fluctuations.
Invoices are subject to the reverse charge rule in the country of receipt.
5 INTELLECTUAL PROPERTY RIGHTS
Ownership of Intellectual Property shall remain unaffected by this Contract.
Ownership of any and all Intellectual Property shall continue to vest exclusively in LLA and/or the original holders if not LLA.
The Customer and/or the Student undertakes not to copy, reproduce, loan or share with any third party any part of the Course Material, nor to use the same and/or any element of the Course Material for any purpose outside the scope of the individual Contract for a Learning Programme.
Certificates and Awards may be revoked if a Student’s work is found to be in breach of the LLA Academic Misconduct Policy.
6 LIMITATION OF LIABILITY
The following provisions set out the entire liability of LLA (including any liability for the acts or omissions of its employees, associates, or Agents) to the Customer and/or Student arising under, or in connection with, the Contract in respect of:
6.1.1 any breach of the Contract; and
6.1.2 any representation, statement or wrongful act or omission including negligence.
Nothing in the Contract shall exclude or limit the liability of LLA for personal injury caused by LLA’s negligence; or for any liability in relation to which it would be unlawful for LLA to exclude liability.
All terms, conditions and warranties implied by common law or statute are to the fullest extent permitted excluded from the Contract.
Subject to Clause 7.2 LLA’s liability to the Customer and/or Student in contract, wrongful act, misrepresentation or otherwise arising with LLA’s performance of the contract shall be limited to the extent of the Charges payable to LLA pursuant to Clause 4.
Subject to Clause 7.2 LLA shall not be liable to the Customer and/or Student for any indirect, special or consequential loss, damages, costs and expenses or other claims whatsoever or any economic loss (including loss of profits, loss of business, depletion of goodwill or the like) arising out of or in connection with the contract.
LLA may make changes to these terms and conditions at any time. LLA will notify Customers and Students of any changes prior to them going live. It is the responsibility of the Customer and/or Student to ensure and confirm that LLA always have their up-to-date contact details.
A person who is not a Party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract. This Clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Any notices to be served in connection with this Contract shall be in writing and shall be served by first class post, or recorded delivery to the Customer’s address as notified to LLA and to LLA whose address shall be as detailed under these Conditions. In absence of evidence of early receipt any notice shall be deemed to be duly served within 3 days after posting
In the event of cancellation or termination of the Learning Programme all Course Materials must be returned immediately and/or removed from any computers belonging to the Customer or Student.
Where the Customer is the Student and the Contract has been finalised without a meeting of the Parties, the Customer can cancel the contract in writing within 7 working days of the contract being concluded except where the Customer has consented to the provision of services within the 7 working days cancellation period.
LLA reserves the right to remove access to LLA Services for any Customer or Student, without refund, if their behaviour or actions are deemed to be abusive, discriminatory or in breach of English Law.
8 GOVERNING LAW AND JURISDICTION AND DISPUTES
The Contract shall be governed by and interpreted in accordance with laws of England.
Each Party agrees that this Contract shall be governed by the exclusive jurisdiction of the English Courts PROVIDED THAT each Party shall have the right to enforce a judgment of the English Courts in a jurisdiction in which the other Party is incorporated or in which any assets of the other Party may be situated.
9 FORCE MAJEURE
LLA shall not be liable for any delay or failure in the performance of its obligations under this Contract where such delay or failure arises from any cause not within its own control, including, without limitation, any Act of God, war, strikes, pandemic, riots, lock outs, labour disputes, fire, flood, tempests, delay in delivery of materials to the Customer and/or Student by third parties and action by any government.
10 COVID 19 PANDEMIC
LLA shall not be liable for any delay or failure in the performance of its obligations under this Contract where such delay or failure arises from any action taken or issue arising due to the COVID 19 Global Pandemic.