TERMS AND CONDITIONS – GOLDCREST ACADEMY LIMITED
TERMS OF SERVICE
1.1 This website is operated by Goldcrest Academy Limited. Throughout the site, the terms “we”, “us” and “our” refer to Goldcrest Academy Limited. Goldcrest Academy Limited offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
1.2 By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.3 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1.4 Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.5 The contents of the website do not constitute advice and should not be relied on in making or refraining from making any decision.
2 ONLINE TERMS
2.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, county or province of residence, or that you are the age of majority in your country, county or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
2.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
3 GENERAL CONDITIONS
3.1 We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
3.3 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4 COURSE CONDITIONS
4.1 Goldcrest Academy tuition fees exclude amounts payable to the CIM for student registration and assessment entry fees (for exams or assignments). It is the student’s responsibility to ensure they are registered with CIM as a member and have paid for the assessment entry fees by the CIM stipulated deadline dates. Goldcrest Academy will endeavour to advise students of these dates on the website and course information, but students must ensure that they have completed all relevant documents and paid the necessary fees on time.
4.2 For most products brought online you have the legal right if you are purchasing as a consumer only to change your mind within 14 days of the order of acceptance and receive a refund. These rights are under the Consumer Contracts Regulation 2013.
4.3 A business that buys goods isn’t counted as a consumer under the Consumer Rights Act, and business to business (B2B) transactions do not have the same protection.
4.4 You do not have the right to change your mind once you have started to download your training materials (blended and distance/online learning) or have started the course.
4.5 Requests for deferral – provided the course fees have been paid in full, a student can defer for one semester as long as Goldcrest Academy receive written notice at least 2 weeks before the course start date and a deferral fee of £165 plus VAT is paid. Deferrals are at the discretion of Goldcrest Academy management.
4.6 Dishonoured cheques will attract an administrative charge of £50.
4.7 Students are expected to behave professionally, courteously and considerately at all times. Students are expected to hand work in on time to their tutors.
4.8 In the event Goldcrest Academy cancel a course prior to it starting, then a full refund of fees will be given to the student or employer, depending on who was originally invoiced.
4.9 In the event Goldcrest Academy cancel a CIM unit/module, then a refund of this single unit/module fee will be given in proportion to the original invoice amount paid (tuition fees).
5 CANCELLATION/ATTENDANCE/WITHDRAWAL FROM A QUALIFICATION
5.1 Courses start on the date payment is received. Under the qualifications regulations, unless there are exceptional extenuating personal circumstances – such as a serious illness or bereavement – no refund will be made. If extenuating circumstances do arise, it is the responsibility of the student/delegate or the student/delegate’s organisation to inform Goldcrest Academy in writing providing evidence of the circumstances, within five working days. Work related issues are not accepted as being legitimate cause to change attendance dates and no refund or part refund of course fees will be given.
5.2 Companies may choose to substitute the original student/delegate with another person from the same firm before the course starts. There is no charge for this, however the new student/delegate will have to go through the same entry level process including review of CV and diagnostic test (as applicable) to ensure that the course is suited to their level of experience. Substitutions which take place are at the discretion of Goldcrest Academy management. Additional charges may be levied and will be advised in writing. If the substitute student/delegate is not verified for the course entry level then full cancellation charges will become due.
6.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) and on SharePoint and its content (including without limitation all course design, content and activities) are owned by or licensed to Goldcrest Academy or otherwise used by Goldcrest Academy as permitted by law.
6.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, shared or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
7 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
7.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
7.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
8 MODIFICATIONS TO THE SERVICE AND PRICES
8.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
8.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
9 PRODUCTS OR SERVICES (if applicable)
9.1 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
9.2 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
10 ACCURACY OF BILLING AND ACCOUNT INFORMATION
10.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
10.2 These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11 OPTIONAL TOOLS
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
11.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
11.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
12 THIRD-PARTY LINKS
12.1 Certain content, products and services available via our Service may include materials from third-parties.
12.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
13.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
13.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
13.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14 PERSONAL INFORMATION
14.3 If you have registered with us, then you are responsible for maintaining the confidentiality of this account/registration and any related passwords for your restricting access to your computer and/or account. You agree to accept responsibility for all activities that take place under your account/registration and your passwords.
15 ERRORS, INACCURACIES AND OMISSIONS
15.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
15.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
16 PROHIBITED USES
16.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
16.1.1 for any unlawful purpose;
16.1.2 to solicit others to perform or participate in any unlawful acts;
16.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
16.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
16.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
16.1.6 to submit false or misleading information;
16.1.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
16.1.8 to collect or track the personal information of others;
16.1.9 to spam, phish, pharm, pretext, spider, crawl, or scrape;
16.1.10 for any obscene or immoral purpose; or
16.1.11 to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
17 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
17.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
17.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
17.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
17.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17.5 In no case shall Goldcrest Academy Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18.1 You agree to indemnify, defend and hold harmless Goldcrest Academy Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
20.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21 ENTIRE AGREEMENT
21.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22 GOVERNING LAW
22.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
22.2 If you access the Website from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the Country in which you reside.
23 CHANGES TO TERMS OF SERVICE
23.1 You can review the most current version of the Terms of Service at any time at this page.
23.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
24 CIM (CHARTERED INSTITUTE OF MARKETING)
24.1 Candidates agree to abide by The Chartered Institute of Marketing’s Charter and Bye-laws and to observe the provisions of the CIM’s Code of Professional Standards and agree to adhere to CIM’s Terms and Conditions. Candidates confirm that the information supplied in support of their application for membership is correct.
26.1 Questions about the Terms of Service should be sent to us at firstname.lastname@example.org