Terms and Conditions of Sale and Use
Online Learning Products
Dated: 1 January 2021
Please read these Terms and Conditions carefully before purchasing an Online Learning Product and print off a copy for your records. Adlin will not file or otherwise keep a copy of the agreement concluded between you and Adlin and a copy of the concluded agreement will not be available from Adlin at a future time and date.
By ordering an Online Learning Product, you are confirming your agreement to be bound by these Terms and Conditions.
- “Adlin” means Adlin Professional Limited registered at International House, 24 Holborn Viaduct, London, EC1A 2BN, with registered number 07514963;
- “Brexit” means the United Kingdom’s withdrawal from the European Union;
- “Online Learning Products” means but is not limited to Online Materials and tutor services provided by Adlin;
- “Fee(s)” means the fee payable for the Online Learning Product(s) and shall include any VAT payable;
- “OnlineStore” means the online store at www.adlin.co.uk;
- “Session” means the 6-month period from your Online Learning Product in-take date;
- “Online Materials” means, but is not limited to Lesson Content, Activities, Assignments, Tools, Tests and other materials provided via Adlin’s Online Learning Products
- “VAT” means Value Added Tax or any applicable replacement and/or equivalent tax which applies to the Course Fee;
- “Website” means www.adlin.co.uk and any and all sub domains of adlin.co.uk, including the Online Store;
- “you” means the individual applying for the Online Learning Product.
2. Payment Terms
2.1. Full payment or authorisation to invoice an employer for the Fee is required when any Online Learning Products are ordered and prior to any Online Materials being accessed or tutor services being used.
2.2. For orders placed through the Online Store, payment of the Fee will be taken by credit or debit card when the order is placed. For orders placed using an order form not through the Online Store (for example, using an online course registration form), payment of the Fee by credit or debit card will be requested in an email confirming your order, and processed shortly thereafter.
2.3. Where authorisation to invoice an employer has been received the following payment terms apply:
- 2.3.1. Full payment is due within 30 days from the date of the invoice.
- 2.3.2. Payments should be made to Adlin Professional Ltd.
- 2.3.3. Adlin reserves the right to charge late payment interest on any outstanding invoices, at a rate of 8% above the Bank of England base rate.
- 2.3.4. Adlin reserves the right to recover any reasonable debt collection costs in connection with the Terms.
- 2.3.5. Where applicable, the employer is liable for all unpaid invoices.
3. Online Materials
3.1. Adlin will make the Online Materials and tutor services (applicable to the Online Learning Product you have ordered) available to you via the Website, on your Online Learning Product in-take date, subject to receipt of full payment or authorisation to invoice an employer in accordance with the Payment Terms set out above.
4. Intellectual Property
4.1. Adlin grants, you, the customer a non-transferable, non-exclusive licence to use its Online Materials (including information, training material content, software and data) under the Terms.
4.2. This licence terminates upon termination of these Terms and Conditions for whatever reason.
4.3. You, the customer warrants that you shall only use the Online Materials for your own educational purposes and shall not, without Adlin’s prior written consent, copy, make available, retransmit, reproduce, sell, disseminate, licence, distribute, publish, broadcast or otherwise circulate any Online Materials (or any part of them) to any person other than in accordance with the Terms.
4.4. You, the customer shall fully indemnify Adlin in respect of any infringement of any intellectual property rights arising as a result of your use of any Online Materials in breach of the Terms.
5. Tutor Services
5.1. Where the Online Learning Product includes the provision of tutor marking, feedback, guidance or other tutor services, it will be valid only for the Session applicable to the Online Learning Product purchased. It cannot be used outside of the Session or deferred to a later Session.
5.2. Where the Online Learning Product includes the provision of tutor marking, feedback, guidance or other tutor services, full instructions for completing and submitting the relevant activities, assignments or tests will be provided with the supporting materials contained within the Online Materials.
5.3. Any activities, assignments or tests requiring tutor marking, feedback or guidance, as required under the Online Learning Product, submitted to Adlin after the end of the applicable Session, will not be marked. It is your responsibility to ensure that a script is sent in good time.
5.4. Tutor services will be delivered electronically. We encourage tutors to provide their services quickly, but you should be aware that where tutors are experiencing high demand for their services, there may be a significantly slower turnaround time than usual.
6. Online Learning Products
6.1. The receipt of the Online Learning Product content is personal to you and you may not transfer your rights to access the Online Learning Product content or provide the Online Learning Product content to any other person.
6.2. You may incur charges to your internet service provider while you are accessing and / or downloading Online Materials or tutor services for the Online Learning Product. Charges may also be payable to third parties for use of the software necessary to access and / or download Online Materials or tutor services relating to the Online Learning Product. You are responsible for paying these charges.
6.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Online Learning Product content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Learning Product or create derivative works based on the whole of or any part of the Online Learning Product. Use of the Online Learning Product not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either Adlin’s copyright or Adlin’s other intellectual property rights, and / or the copyright or other intellectual property rights of Adlin’s licensors.
6.4. Please note that it is your responsibility to check that the computer you plan to use to access the Online Learning Product is compatible with the minimum specification requirement that relates to these online courses. You acknowledge and accept that Adlin cannot be held responsible for any technical problems you encounter accessing these online courses.
6.5. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to our Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
6.6. Adlin will use reasonable endeavours to make the Online Learning Product available but cannot guarantee uninterrupted availability. Adlin reserves the right to suspend access to our Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of our Website.
6.7. You also accept and acknowledge that Adlin cannot be held responsible for any delay or disruptions to your access to the online courses as a result of such suspension or any of the following:
- 6.7.1. interruption as a result of Brexit (including, but not limited to, any trade suspensions or suspensions or delays caused by changes to tariffs, customs or taxes (including VAT));
- 6.7.2. the operation of the internet and the World Wide Web, including but not limited to viruses;
- 6.7.3. any firewall restrictions that have been placed on your network or the computer you are using to access the Online Learning Product;
- 6.7.4. failures of telecommunications links and equipment; or
- 6.7.5. updated browser issues.
7. Length of access of digital content
7.1. Access to Online Materials will expire 12 months after purchase of the Online Learning Product.
7.2 Access to tutor services will expire at the end of the Online Learning Product’s Session (as defined in the Terms above)
8. Cancellation Rights
8.1. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contract Regulations”) you may cancel your purchase within a period of 14 days beginning on the day of purchase (“Cancellation Period”).
8.2 Please note that with respect to any digital products, including but not limited to Online Materials, tutor services and other online courses and materials related to Online Learning Products, your right to cancel and obtain a refund will be lost if you have given Adlin express consent to supply them to you during the Cancellation Period or if you access those digital products during the Cancellation Period.
8.3. To cancel your purchase you must notify Adlin of your decision to cancel by a clear statement by email to [email protected]
8.4. If you cancel within the Cancellation Period, and provided your right to cancel and obtain a refund is not lost as per 10.2 above, we will reimburse to you all payments received from you.
8.5. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
8.6. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.7. The Online Materials is copyright Adlin Professional Ltd and is provided to you for your own exclusive use.
8.8. Under no circumstances are Online Materials or tutor services transferable.
9. Change of address or other contact details
9.1. Adlin must be notified in writing of any change in a customer’s contact details, including the email address specified on the customer’s order form.
10.1. Any notices required to be served by Adlin under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to Adlin, at Adlin’s discretion.
10.2. Any notices required to be served on Adlin by you will be deemed properly served if sent to the address set out at the end of these Terms and Conditions.
11. Limitation of Liability
11.1. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
11.2. Except as set out in these Terms, Adlin shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
11.2.1. indirect or consequential losses;
11.2.2. loss of income or revenue;
11.2.3. loss of business;
11.2.4. loss of anticipated savings; or
11.2.5. loss or corruption of data.
11.3. Adlin is not responsible to you for any data that you lose as a result of accessing Online Learning Products. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the Online Learning Product(s).
11.4. Save as otherwise set out in this section “Limitation of liability”, Adlin’s maximum aggregate liability to you for any claims that you may have against Adlin for direct loss in contract, tort or otherwise arising out of or in connection with these Terms and Conditions, your use of the Online Learning Product(s) and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
11.5. Adlin will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control, including any delays or suspensions as a result of Brexit. This condition does not affect your statutory rights.
11.6. Each provision in this Clause 13 shall be construed separately as between you and Adlin. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
12.1. Adlin expects you to take reasonable care to verify that the Online Learning Product(s) in question will meet your needs. Adlin does not make any commitment to you that you will obtain any particular result from your use of the Online Learning Product(s).
12.2. Adlin does not make any representation, guarantee or commitment to you that the Online Learning Product(s) will be error free.
12.3. Adlin does not make any commitment that the Online Learning Product(s) will be compatible with or operate with your software or hardware.
12.4. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
13. Data Protection
13.2. In particular, Adlin draws your attention to the following:
- Adlin is the controller of your personal data;
- Your personal data is processed by Adlin to:
- enable Adlin to perform its obligations and enforce its rights under these Terms and Conditions;
- inform you of feedback and test results; and
- communicate with your employer (where your employer is paying your Course Fees) regarding your progress, results and attendance.
13.4. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.5. If you have any questions about Adlin’s use of your personal data, or you wish to exercise any of your data subject rights, please contact [email protected]
14.1. If any provision of these Terms and Conditions is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.
15.1. The Online Learning Products are for educational purposes only. Adlin will not accept any responsibility to any party for the use of these Online Learning Products for any purpose other than for educational purposes, including but not limited to the giving of advice by you to any third party.
16.1. These Terms and Conditions shall be governed by the laws of England & Wales. You agree to submit to the exclusive jurisdiction of the English courts
17.1. Adlin may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on our Website.
17.2. These Terms and Conditions supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
17.3. You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
17.4. Adlin may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
17.5. No relaxation or delay by Adlin in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Adlin in writing.
17.6. The agreement between you and Adlin which is set out in the Terms is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
18. Contact Details
Email: [email protected] Post: Adlin Professional Ltd, International House, 24 Holborn Viaduct, London, EC1A 2BN