This agreement applies as between you, the User of this Website and ITAM Accelerate, a trading name of ITAM Intelligence Limited, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon Your first use of the Website. These Terms and Conditions apply to Your use of the Website. The provisions below which relate to the supply of Services by Us to You, together with your order (once accepted as set out below), form an agreement between Us and You for the supply of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order for Services constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment Information and credentials used by You/Users to access Content and / or any communications System on the Website;
Annual Subscription: means a subscription for access to Paid Content, courses and workshops over a twelve month period;
Content: means any documents, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including Paid Content;
Course Booking: means a booking or order for attendance at a course and/or workshops (but not an Annual Subscription);
Facilities: means collectively any online facilities, tools, services or information that We make available through the Website either now or in the future;
Services: means the services available to you through this Website, comprising access to and the use of Paid Content, the provision of training courses, workshops, assignments and certification and the use of Our proprietary e-learning platform;
Paid Content: means documents and other materials uploaded by Us onto the Website for the purposes of courses and e-learning;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
System: means any online communications infrastructure that We make available through the Website either now or in the future. This includes, but is not limited to, , message boards, live chat facilities and email links;
User / Users or You: means any user of this site and/or buyer of Services from it (and “Your” shall be interpreted accordingly) the term shall also include, where appropriate, a delegate representing You where You are a company or business entity and not an individual;
Website: means this site (www. ITAMAccelerate.com); and
We, Us, Our: means or refers to ITAM Accelerate, which is a collaboration between ITAM Intelligence Ltd (a company incorporated in England and Wales with registration Number 07046367 and whose registered office is at First Floor, Telecom House, 125-135 Preston Road, Brighton, BN1 6AF) and SAM Charter Limited ( a company incorporated in England and Wales with registration Number 07449356 and whose registered office is at 54/56 Ormskirk Street, St Helens, WA10 2TF) .
2. Use of Website and Services
3. Provision of Services
3.1 Follow the on-screen prompts to place an order. You must check the order carefully before confirming it. You are responsible for ensuring that Your order is complete and accurate. Your order constitutes an offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. once We have sent you an order confirmation email (containing the information set out in clause 3.2 below) a binding contract between Us and You for delivery of the Services ordered will come into existence.
3.2 An Order confirmation shall contain the following information:
- Confirmation of the Services ordered including a summary of those Services;
- the Charges payable for the Services ordered including, where appropriate, taxes, and other additional charges;
- User credentials and relevant information/instructions for accessing those Services.
3.3 If We, for any reason, do not accept your order, We will inform you of this and you will not be charged for the Services. Any sums paid by you in relation to that order in advance will be refunded within 14 calendar days.
3.4 Whilst the relevant times and dates for all Services are available on the Website, you will be notified of the times and dates separately by Us prior to the event or events for which you have paid taking place.
3.4 Payment for the Services must be made before access to the Services is provided. We will accept payment by direct bank transfer (Our bank account details will be stated on the invoice which We will send to You with the Order confirmation) or by credit card or debit card .
3.5 If You have ordered Paid Content access only (whether as a one-off order or on annual subscription), as soon as reasonably practicable following the sending of the confirmation email, You will be given access to the Paid Content ordered and will be permitted to download the Paid Content ordered. The Paid Content will be available to download for the duration of Your subscription or order. If Your order is for attendance at online courses or classes, you will receive from Us details of how and when to access the class or course ordered, together with any access codes or credentials, as soon as reasonably practicable following the sending of the confirmation email.
3.6 The Website contains details of the dates and times at which classes or workshops are held. It is Your responsibility to ensure attendance at the scheduled time. If You are unable to attend and notify Us accordingly within 7 days of the scheduled date for a class or workshop, (and subject to the provisions regarding refunds set out below in these Terms), We will endeavour to accommodate You if the class or workshop is repeated and we will notify You of alternative dates on which space is available. If You do not so notify Us, We will not be obliged to make such provision (but any such provision we make will be entirely at Our discretion) and failure to attend may disqualify You from any certification offered in respect of the relevant course.
- We warrant to You that We shall use Our reasonable endeavours to provide the Services with reasonable skill and care.
- We will use all reasonable endeavours to meet any performance dates and will notify You if workshops or classes have to be rescheduled for any reason, but any dates or times specified on the Website or notified to You are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
- If a problem arises or You are dissatisfied with the Services, please contact Kylie Fowler at email@example.com
Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
4. Cancellations and Refunds
4.1 You may cancel your order for a Course Booking or an Annual Subscription at any time by giving Us written notice, addressed to Kylie Fowler at the following email address firstname.lastname@example.org. Orders for access to Content may not be cancelled.
4.2 We will refund the entire cost of the Course Booking if notice is received by Us in accordance with clause 4.1 no later than seven days before the relevant course is due to begin or the date of the first class or workshop of the course, whichever is applicable. If notice is received by Us after that time but before the date on which the relevant course is to begin or the first class or workshop held, fifty per cent of the booking cost will be refunded and We will be entitled to retain the remaining fifty per cent. If notice is received after the course has commenced, no refund will be payable.
4.3 In the case of cancellation of Annual Subscriptions, We will refund a proportion of the cost of the Annual Subscription equal to that proportion of a whole calendar year represented by the number of unexpired complete calendar months of the Annual Subscription period (such that part months will not be included in the calculation).
4.4 Refunds will be made using the same payment method that You used when placing your order.
5. Services, Pricing and Availability
5.1 The charges for the Services are set out on the Website. We are not registered for VAT and the prices therefore do not include VAT. You will pay the charges for the types of Services selected by You in accordance with your chosen method of payment as set out in clause 3.4 above. All charges are to be paid without deduction or set off.
5.2 In the event that You fail tomake payment in accordance with this agreement, we may (without prejudice to any other term of this agreement)
- Charge interest at the statutory interest rate specified in the Late Payment of Commercial Debt (interest) Act 1998; and/or at a rate of 8%.
- Suspend or delay supply of the Services by notice in writing until such time that full payment is received (unless otherwise agreed).
- Delay the release of certificates.
- Refuse access to Content or prevent You from attending a training course (as applicable.
6. Your obligations
6.1 It is Your responsibility to ensure that:
- the terms of Your order are complete and accurate;
- You cooperate with Us in all matters relating to the Services;
- You provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- You obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
- You comply with all applicable laws, including health and safety laws;
- You keep all of our materials, (including Content) (Our Materials) in safe custody at your own risk in confidential storage and available only to individual delegates for whom you have paid to receive the Services.
6.2 You will not disclose to any other person or entity any access credentials or password used to access Content and will not use Content to provide any third party with Services.
6.3 If Our ability to perform the Services is prevented or delayed by any failure by You to fulfil any obligation listed in clause 6.1 (Your Default):
- We will be entitled to suspend performance of the Services until You remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services.
- We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services
7. Intellectual Property
7.1 All intellectual property rights in the Content is owned by Us or the third party rights owners stated in the applicable Content documents.
7.2 All intellectual property rights in or arising out of or in connection with the Services (other than intellectual property rights in any materials (including course work or assignments) provided by you) will be owned by us.
7.3 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free perpetual and irrevocable licence to copy Paid Content for the purpose of receiving and using the Services and the Paid Content in your business. You may not sub-license, assign or otherwise transfer the rights granted in this clause 7.3.
7.4 You agree to grant Us a fully paid-up, non-exclusive, royalty-free, non-transferable, perpetual irrevocable licence to reproduce, copy, make and publish extracts from and modify any materials provided by You to Us for the purpose of providing the Services to You and other Users.
7.5 Save to the extent expressly permitted by the Copyright Designs and Patents Act 1988, you may not reproduce, copy, distribute, store or in any other fashion re-use Content or other material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under Our control or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Use of Communications Facilities
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- You must not use obscene or vulgar language;
- You must not submit materials that are unlawful or otherwise objectionable. This includes, but is not limited to, material that is abusive, threatening, harassing, defamatory, ageist, sexist or racist or otherwise discriminatory in any fashion, offensive, hateful, bullying, insulting, intimidating or humiliating or fraudulent;
- You must not submit material that is intended or likely to promote or incite violence, is sexually explicit or abusive;
- You must not submit or upload to the Website any material which infringes the intellectual property rights of a third party
- It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly any of Our employees and representatives or those of Our affiliates; and
- You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail” or to upload or transmit any virus or malware.
9.2 You acknowledge that We reserve the right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that We may retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information.
10.1 In order to procure Services from Us via this Website and to use certain other parts of the System, You are required to create an Account which will contain certain personal details and Payment Information which may vary based upon Your use of the Website as We may not require payment information until You wish to make a purchase. By continuing to use this Website You represent and warrant that:
- all information You submit is accurate and truthful;
- You have the express permission to submit personal and Payment Information where You are submitting information relating to a third party individual; and
- You will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 Our Services to You are provided via the LearnWorld e-learning platform, which hosts the Website and the Account details and Payment Information which You provide. By creating Your account, you give Your express consent to such information being hosted on and processed by such platform. For payment purposes, you will be passed through to a third party payment and collection site (you will be informed during the payment process that this is happening) who will collect payment on Our behalf.
10.3 You agree not to share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of Your Account details being shared by You.
10.4 If You have reason to believe that Your Account details have been obtained by another person without consent, You should contact Us immediately to suspend Your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to Your notifying Us of the unauthorised nature of the order or payment then You shall be charged for the period from the commencement of the provision of services until the date You notified us.
10.5 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of Your Account.
11. Termination and Cancellation of Accounts
11.1 Either We or You may terminate your Account. If We terminate your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
13. How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held as described by these Terms and Conditions and in accordance with the provisions of the Data Protection Act 2018 and Your rights under that Act.
13.2 We may use your personal information to:
- Provide Our Services to You;
- Process Your payment for the Services;
- Inform You of new products and services available from Us. You may request that We stop sending You this information at any time; and
- contact you for market research purposes.
13.3 We use anonymised data derived from Your information(and Your responses to market research surveys) to produce for distribution to third parties reports which compare and summarise survey data of all respondents within industry sectors but such data will not enable a third party to identify You.
13.4 In certain circumstances (if, for example, You wish to purchase Services on credit), and with Your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 2018 and should use and hold Your personal information accordingly.
13.6 We will not pass on your personal information to any third parties other than as described in these Terms and Conditions without first obtaining your express permission.
14.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of Our Service or Services.
14.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
14.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
14.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, You are strongly advised to take responsibility for Your own internet security, that of Your personal details and Your computers.
15. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time You use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by You in the future.
16. Availability of the Website
16.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and / or faults and We do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
16.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
17. Limitation of Liability.
17.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
17.2 Subject to clause 17.1, We will not be liable to You, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with Our agreement with You for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
17.3 Subject to clause 17.1 Our total liability to You arising under or in connection with the agreement between us and the provision of Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
17.4 This clause 17 will survive termination of the agreement between Us and You.
18. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
19. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
20. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between You and Us.
All notices / communications shall be given to Us either by post to ITAM Accelerate, c/o SAM Charter Limited, 54/56 Ormskirk Street, St Helens, WA10 2TF or by email to email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
22. Law and Jurisdiction
These Terms and Conditions and the relationship between You and Us shall be governed by and construed in accordance with the Law of England and Wales and We and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
23. Events Outside Our Control
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations to You that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
23.2 If an Event Outside Our Control takes place that affects the performance of Our obligations to You:
- We will contact You as soon as reasonably possible to notify You; and
- Our obligations to You will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with You after the Event Outside Our Control is over.
23.3 You may cancel the order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If You opt to cancel, We will refund the price You have paid less a reasonable charge for any Services received prior to such cancellation.