Terms and Conditions of Supply
This page (together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions on which we provide Courses to you.
These Terms will apply to any Contract. Please read these Terms carefully and make sure that you understand them, before ordering any Courses from the Website. Please note that by ordering any of our Courses, you agree to be bound by these Terms and the other documents expressly referred to in them.
If you refuse to accept these Terms, you will not be able to order any Courses from the Website.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order a Course, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 22 July 2014.
These Terms, and any Contract between us, are only in the English language.
1. Meanings and Interpretation
1.1. The meaning of some words used in these terms and conditions follows:
Contract: the contract between you and us for the provision of Courses.
Course: one or more courses available on the Website.
Course IP Rights: all intellectual property rights (including copyright) in and connected to the Course, the Materials and the Website.
Materials: the materials provided by us in connection with a Course (including without limitation any course guides, books, CD-ROMs, online resources or other documentation or materials and all revisions, updates and alterations of the same).
Services: any services provided by us to you in connection with a Course.
Terms: these terms and conditions together with our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy.
User: the individual given access to and participating in the Course, whether that is you or a person that you have purchased the Course for.
User Generated Content: any content uploaded to the Website by a User.
Website: the e-learning website located at https://extend.ucl.ac.uk/.
We/Us/Our: University College London
You/Your: the individual or business purchasing a Course from us.
1.2. The Website may be used only for lawful purposes and in a lawful manner. You must comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
1.3. Where you are not the User, you shall ensure that the User complies with these terms as if they were you and you are responsible and liable for the User’s compliance with these Terms. In accepting these terms, you are also accepting them on behalf of any User that you are buying the Course for.
2. Information about us
2.1. We operate the website [https://extend.ucl.ac.uk/]. We are University College London, a body corporate established by Royal Charter in England and Wales with registration number RC000631 and with our principal place of business at Gower Street, London, WC1E 6BT. Our VAT number is GB524371168.
2.2. To contact the UCL Extend team, please see our Contact Us page.
3. Our Courses
3.1. The images and information contained on the Website regarding the Courses are for illustrative purposes only. Although we have made every effort to provide accurate information on the Courses, we cannot guarantee that all information is correct. The Courses may vary slightly from the information provided on the Website.
3.2. The material on the Website may be out of date, and we make no commitment to update such material.
3.3. We may make changes to the material on the Website at any time without notice.
3.4. Courses shown on the Website may be subject to minimum participant requirements and/or availability. We will inform you by e-mail as soon as possible if the Course you have ordered is not available and we will either not process your order if made or we will refund you the price paid for the Course if you have already paid.
3.5. You and the User understand, acknowledge and agree that in registering on the Website, purchasing Courses, participating in or undertaking Courses or downloading Materials neither you nor any User will be a student of University College London nor entitled to the rights and benefits of a student at University College London. You will not make any claim or permit any third party to make a claim that, as a result of buying and undertaking the Course, either you or a User are or should be a student at University College London.
3.6. The User is responsible for meeting any requirements of a Course, such as submitting work and participating in online sessions, tests and assessments. Failure to meet the requirements may result in the User not completing the Course or failing the Course. We do not accept any responsibility or liability resulting from you failing to comply with the requirements of the Course.
3.7. If you or a User wish to complain about a Course, the UCL Centralised Complaints Procedure should be used. Please note that while you and a User can utilise the UCL Centralised Complaints Procedure, that shall not make you or a User nor be deemed to make you or a User a student at University College London.
3.8. Some Courses may have additional requirements or particular terms and conditions. Where this is the case, the requirements and particular terms and conditions will appear on the Website page describing the Course and you will be bound by them (in addition to these Terms and Conditions).
4. Use of the Website
4.1. Use of the Website is governed by our Terms of Website Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you and any User.
4.2. We do not accept responsibility for the reliability of access to the Website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from use or inability to use the Website.
4.3. While we make reasonable efforts to ensure that the Website is normally available 24 hours a day, access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if the Website is unavailable at any time or for any period.
4.4. We reserve the right at all times to place advertisements and/or promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant), and UCL excludes all liability in respect of any advertisements/promotions.
5. How we use your personal information
5.1. We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
6. Your warranties
6.1. Clauses 6.2 and 6.3 only apply if you are a consumer. Clauses 6.4 and 6.5 only apply if you are a business.
Consumers
6.2. You warrant, confirm and undertake that:
6.2.1. the User is over the age of 13 and have parental or guardian consent if under the age of 18 or
6.2.2. you and/or any User are at least 18 years old; or
6.2.3. if you are not a User, that you have authority to agree these terms on behalf of the User.
6.3. As a consumer, you have legal rights in relation to the Courses that are not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Business
6.4. You warrant, confirm and undertake that:
6.4.1. you have authority to bind any business on whose behalf you use the Website to purchase the Courses; and
6.4.2. you have authority to agree these terms on behalf of any Users that are or are to be authorised to access the Courses that you purchase; and
6.4.3. each Course you purchase will be for use by one individual only and you will not permit multiple individuals to access a Course using the same details.
6.5. These Terms and any our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or those documents.
7. How the contract is formed between you and us
7.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2. When you place an order for a Course you are making an offer to purchase the Course from us on these Terms.
7.3. Please make sure that the details you enter when placing your order are correct. Once we accept an order from you, it may be difficult for us, subject to any right you have to cancel your order, to change it or make any amendments to it. For any Courses/Services you order, any changes to the details you provide may be subject to us charging an administration fee.
7.4. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.5.
7.5. We will confirm our acceptance to you by sending you an e-mail that confirms your order for the Course specified (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation. Normally, if we accept your order we send you an Order Confirmation within 24 hours of you placing it. If you do not receive a confirmation email within 24 hours please contact us using the Contact Us page.
7.6. We will only be required to provide you or any Users with access to the Course pursuant to the Contract once payment in full has been received by us.
7.7. If we are unable to provide you or the User with access to a Course, for example because any minimum number of participants has not been achieved or the maximum number of participants has been exceeded or because of an error in the price on the Website as referred to in clause 13.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Course, we will refund you the full amount as soon as possible.
7.8. We do not have to accept any order you place. The stated availability of the Course is only an estimate and should not be relied on as a definite statement as to whether the Course you wish to purchase is actually available or can be provided.
7.9. In order to place an order for a Course from the Website you will need to register and then use an account. You can only place orders for a Course from the Website with the account that you register.
8. Our right to vary these terms
8.1. We may revise these Terms from time to time.
8.2. Every time you order a Course from us, the Terms in force at that time will apply to the Contract between you and us.
8.3. Whenever we revise these Terms in accordance with this clause 8, we will give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
9. Our Warranties
9.1. We warrant that:
9.1.1. the Materials will be of satisfactory quality and fit for any purpose specified in a Course and for its duration; and
9.1.2. we will provide the Services with reasonable care and skill.
9.2. We do not warrant that:
9.2.1. the Materials will be error-free;
9.2.2. the provision of the Services and the availability of the Course or Website will be uninterrupted or error-free.
9.3. All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
9.4. The warranty in clause 10.1 does not apply:
9.4.1. to any defect in the Materials arising from:
9.4.1.1. (a)use by you otherwise than as described in a Course or as directed on the Website;
9.4.1.2. (b)in the case of physical Materials:
9.4.1.2.1. (i) fair wear and tear;
9.4.1.2.2. (ii) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
9.4.1.2.3. (iii) any alteration or repair by you or by a third party who is approved by us in advance;
9.4.1.3. (c) failure to use the Materials in accordance with instructions;
9.4.2. unless you notify us of any breach within 48 hours of the date of receipt of the relevant Materials by you or the date on which it became apparent, whichever is the later.
9.5. If you are a consumer, the warranties in this clause 9 are in addition to your legal rights in relation to Materials that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10. Consumer’s right of cancellation and refund
10.1. This clause 10 only applies if you are a consumer.
10.2. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out below in clause 11.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to participate in a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
10.3. You can cancel a contract for a Course within fourteen (14) working days of the Order Confirmation, unless:
10.3.1. within that period you access or commence the Course; or
10.3.2. you agree that we can start the supply of the Course (including the provision of preliminary materials if applicable) and we do so before the end of that period; or
10.3.3. the start date of a Course is less than seven working days from the Order Confirmation, in which case you may cancel at any time up to the start date subject to clauses 10.3.1 and 10.3.2.
10.4. You acknowledge and agree that if you or a User access a Course, that shall result in you having agreed (in accordance with clause 10.3.2) that UCL provide the Course prior to expiry of the cancellation period.
10.5. To cancel a Contract, please contact us at extend@ucl.ac.uk to tell us. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail to us. If you call us to notify us of your cancellation, you will need to confirm the oral cancellation in writing and send it to us by one of the means specified.
10.6. You will receive a full refund of the price you paid for the Course. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 11.4.
10.7. We refund you on the credit card or debit card used by you to pay.
10.8. As a consumer, you will always have legal rights in relation to Courses that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
11. Other cancellation
11.1. Our intention is that any Course (if it comprises more than one session or class) will have the lecturer/presenter/tutor advertised and take place at the same time and place as we previously advertised. However, UCL has the right to change the lecturer/presenter/tutor and/or the place and time of the Course (or any part of it). If you are unable to attend the Course because of the change in the time or place then we shall offer you a full or partial refund, at our discretion.
11.2. There are certain reasons why it may be necessary for us to cancel a Course (for example, because a Course is undersubscribed, or otherwise cannot be held at the stated time). If we wish to cancel a Course for any reason, either completely or partially, after we have provided you with the Order Confirmation:
11.2.1. we shall notify you in writing by email of the cancellation; and
11.2.2. for the complete cancellation of a Course, we will offer you a place on an alternative Course or a full refund; or
11.2.3. for cancellation of part of a Course, try to reschedule and run that part of the Course again. If this is not possible then we shall offer you a proportionate refund (save where cancellation is because of an Event Outside Our Control).
11.3. If you wish to cancel your order for a Course after we have provided Order Confirmation and outside of any period in which you have a legal right to cancel (see clause 11):
11.3.1. your cancellation must be received in writing no later than 14 days before the start of the Course;
11.3.2. if we receive your cancellation no later than 14 days before the start of the Course we will refund any amount you have paid to us for that Course less an administration charge of 20%;
11.3.3. no refunds will be made for cancellations made by you within 14 days of the Course date.
11.4. If you wish to cancel your order for a Course you must notify us of your intention to do so in writing or by email to the Course organisers (the contact details which are specified on the Website page for that Course).
11.5. Although the provisions of clause 11.3.3 will apply where you wish to cancel an order for a Course, the Course organisers may exercise their discretion in respect of cancellations and refunds on a case-by-case basis. Such discretion will be exercised in such a way that you will have no lesser rights than those in clause 11.3. To discuss any cancellation or refund with the department in question, please contact the Course organiser (the contact details which are specified on the webpage for that Course).
11.6. If the Course has not commenced and/or the Course has not already been accessed, it may be possible to substitute the User for another individual at the discretion of the organisers of the Course. To do so, contact the organiser of the Course (the contact details which are specified on the webpage for that Course).
12. Price of products and delivery charges
12.1. The prices of the Course will be as quoted on the Website from time to time. We take all reasonable care to ensure that the prices of the Courses are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of a Course that you ordered, please see clause 12.4 for what happens in this event.
12.2. Prices for our Courses may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
12.3. The price of a Course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and Order Confirmation, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in VAT takes effect.
12.4. Our site contains a large number of Courses. It is always possible that, despite our reasonable efforts, some of the Courses on the Website may be incorrectly priced. If we discover an error in the price of a Course that you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Course at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable 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.
12.5. If you are a consumer, you can only pay for a Course using a debit card or credit card. We accept the following cards: Visa Credit Card, Visa Debit Card, Visa Electron, MasterCard and Maestro. .
12.6. If you are a business customer, you can pay for a Course using a debit or credit card or, if selected and approved by us, on invoice. Invoices must be paid within 30 days of the date of the invoice.
12.7. When you place an order using the Website and payment is not on invoice, you authorise us to debit the credit or debit card you specify on your order for the amount of the order at the time we accept your order unless payment is to be made on invoice.
12.8. The card that you use for payment will be debited at the time you place your order. Payment in full must be made at the time you place your order.
12.9. Prices and other costs and charges are shown in British Pounds Sterling. Depending on the credit or debit card you use the prices, and other costs and charges shown may also be displayed in another currency. If this is the case, you may choose in which currency to purchase the Course you wish to order. However, if you purchase the Courses in a currency other than that of the account you use, you may be charged additional amounts for performing currency conversion Services. We use a third party to provide payment processing services and currency conversion functionality.
13. Termination and Liability
13.1. Your right to access the Course shall automatically expire on the date falling 6 months after the Order Confirmation or the expiry of the period specified on the Website for the Course, whichever is the earlier.
13.2. We may terminate the Contract immediately on giving notice in writing to you if you commit a material breach (or a User does or omits to do anything that would amount to a material breach) of the Contract or any document referred to in it and such breach is irremediable or, if such breach is remediable, you fail to remedy (or require that a User remedy) that breach within 14 days of a request in writing from us.
13.3. Breach of the provisions of clause 6 of this Schedule shall entitle us to cancel the Contract without any further liability to you.
13.4. If we terminate the Contract we may immediately withdraw a Users access to any Course via the Website.
13.5. On expiry or termination of the Contract (other than pursuant to the cancellation provisions in clause 10 of this Contract):
13.5.1. you shall immediately cease use of the Course, Services and Materials and you must:
13.5.1.1. (a) ensure that the User ceases use of the Course, Services and Materials;
13.5.1.2. (b) return all Materials to us at your cost;
13.5.1.3. (c) pay us any element of the Price which is unpaid;
13.5.2. any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect;
13.5.3. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry, shall not be affected.
13.6. You must not to use the Course for any business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.7. If you are a business customer, you must only use the Course for internal use by your business and you agree not to use the Courses for any re-sale purposes.
13.8. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Course.
13.9. If you are under the age of 18 and do not have parental or guardian consent we can restrict or deny access.
14. Our liability
14.1. Nothing in these Terms limits or excludes our liability for:
14.1.1. death or personal injury caused by our negligence;
14.1.2. fraud or fraudulent misrepresentation;
14.1.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
14.1.4. defective products under the Consumer Protection Act 1987.
14.2. Subject to clause 15.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
14.2.1. any loss of profits, sales, business, or revenue;
14.2.2. loss or corruption of data, information or software;
14.2.3. loss of business opportunity;
14.2.4. loss of anticipated savings;
14.2.5. loss of goodwill; or
14.2.6. any indirect or consequential loss.
14.3. Subject to clause 15.3 and clause 15.4 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the relevant Course under the Contract.
14.4. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Courses. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Course is suitable for your purposes.
14.5. Although we may accept an order for a Course from you we cannot state, promise or guarantee that the Course will run as stated on the Website or at all. Whether we run a Course will depend on a number of factors, including the number of other persons who order a place on the Course and us achieving a minimum number of orders to justify the running of the Course. Accordingly we shall not be liable to you for any losses, costs and expenses incurred by you as a result of our cancellation of a Course, including, but not limited to those connected with travel and accommodation provided by a third party you have arranged. We recommend that you take out a policy of insurance to cover such expenses in the event of cancellation of Course or part of a Course by us.
14.6. You must observe and comply with all applicable regulations and legislation, including obtaining all customs, export import or other permits in order to purchase a Course or obtain visas or permits to attend a Course and/or receive Services. The importation or exportation of certain Materials to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Materials.
14.7. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
15. Events outside our control
15.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.
15.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
15.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1. we will contact you as soon as reasonably possible to notify you; and
15.3.2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of the Course to you, we will arrange a new date for provision of the Course with you after the Event Outside Our Control is over.
16. Communications between us
16.1. When we refer in these Terms to "in writing", this will include e-mail.
16.2. If you are a customer and you wish to contact us in writing for any other reason, you can send this to us by e-mail at extend@ucl.ac.uk or by post to University College London at Information Services Division, University College London, Gower Street, London, WC1E 6BT.
16.3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16.4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will endeavour to notify you by posting on the Website if this happens.
17.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you have purchased a Course as a gift, you may transfer the benefit of the Contract to the recipient User with our prior written consent.
17.3. This contract is between you and us. No other person (including, subject to the remainder of this clause, a User) shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However if you have purchased a Course as a gift, you may transfer the benefit of the Contract to the recipient User with our prior written consent.
17.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Courses through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and, if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7. We will not file a copy of the Contract between us.