Headings; Number and Gender. The headings of sections and paragraphs are inserted for convenience only and shall not be deemed to constitute part of this agreement or to affect the construction thereof. The use in this agreement of singular, plural, masculine, feminine and neuter pronouns shall include the others as the context may require.
‘NCC’ means NCC Operations Ltd (7304890) who will provide the services to you.
'You' means the student receiving the services.
'Course' means a distance learning course or course designed and developed by us including all revisions and updates to such course as we may make from time to time.
'Course Materials' means the physical materials relating to any one course, together with all revisions and updates made by us from time to time, which may be in any format and which are required by the student to complete the course.
2. Warranties and Disclaimer
The NCC will use reasonable endeavours to ensure Course Materials are free from material error and meet a satisfactory level of quality. However,
i. The NCC does not warrant that the Course Materials are fit for any particular purpose.
ii. The materials are provided “as is” without warranty, representation, undertaking or indemnity from NCC and on terms that the Customer’s use of any of the Materials for any particular purpose shall be at the Customer’s own risk.
iii. As far as permitted by law, we shall not be liable to any person for losses or damages that were not reasonably foreseeable and that were not caused by any breach on our part. We shall not be liable to any person for any direct or indirect loss or damage as a result from your course enrolment. Any liability that does arise will be limited to the course fee paid.
All outstanding debts to us must be made before we will issue you with a diploma or certificate.
We reserve the right to refuse enrolment on any of the courses we offer.
If you are using a credit agreement and paying for the course by instalments, you agree to pay the instalments promptly and on the dates specified in the credit agreement, irrespective of the speed at which you are studying. If you are issued with a new card, please notify us as soon as possible so that we can update our records.
If you are paying by instalments and your card is declined or you miss a payment for any other reason, we will notify you by email and then letter, and your course account will be locked.
All copyright and other intellectual property rights relating to the course materials are either owned by the NCC. Adaptation or any other use of all or any part of the course materials without our express permission is strictly prohibited.
You may cancel your course for any reason at any-time within fourteen days after you receive your course materials whether in hard copy or online. If you cancel the course within 14 days you will get a full refund, unless you have already started to download it.
Upon receipt of cancellation notice we will process the refund due to you within thirty days of our receipt of your written notice of cancellation.
6. Data Protection
We are committed to protecting your privacy and keeping your personal information secure. We will not disclose your details to any person, unless you have given your consent or we are compelled to do so by law, or in response to a valid, legally compliant request by any law enforcement agency or Government organisation
7. Other Terms
i. Waiver: A waiver of any right under the Contract 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 under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
ii. Severance: If the whole, or any part, of any clause(s) of this Agreement is or becomes invalid for any reason, that invalidity shall not affect the validity of any other provision.
iii. No partnership: Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
iv. Third Party rights: A person who is not a party to the Contract shall not have any rights under or in connection with it.
v. Variation: Any variation, including the introduction of any additional terms and conditions, to the Contract (including the Specification), shall only be binding when agreed in writing and signed by a duly authorised representative of each party.
vi. Governing law and jurisdiction: The Contract, 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England