Terms & Conditions
This elearning.co.uk website is intended for use by those who are seeking and providing training courses and services primarily in the United Kingdom. elearning.co.uk and Elearning.co.uk are divisions of XYZ Training Group Ltd, Building 6000, Langstone Technology Park, Langstone Road, Havant. Hants. PO9 1SA, a UK company registered in England.
The terms and conditions set out below constitute the legally binding terms upon which XYZ training Group Ltd (“XYZTG”) will permit access to, and use of, the information published on this Website
1.1 A ‘user’ A ‘user’ means a person, organisation, user or client that is searching for training courses and related services.
1.2 A ‘Provider’ is a person or organisation that offers to provide and/or sell training courses, related qualifications, certifications and services.
1.3 A ‘user’ is a person or organisation that uses the facilities provided by XYZ Training Group either as a user.
1.4 ‘Website’ means elearning.co.uk
1.5 Application to access the backend, private sections and company specific pages of the Website may only be made on the terms set out in this Agreement. Users will not be entitled to use such services until XYZTG have verified the bonafidity of each User Agent and Email account and until we have received acceptance of this Agreement and receipt by the User of a personal username and password.
1.6 ‘XYZTG’ means XYZ Training Group Ltd
2.1 This Agreement comes into force as soon as it is accepted by the User. By having read these terms constitute the User as having accepted these terms and conditions.
3.1 Communications with XYZTG pursuant to this Agreement may be made by telephone 0844 335 8882, by email, by using our contact us page or in writing to the address specified above.
3.2 XYZTG will assume that any instructions received which have been authenticated by Providers’ usernames and passwords are genuine, valid instructions from Providers to us and we will act accordingly.
3.3 Usernames and passwords must not be disclosed, nor be allowed to be disclosed, to third parties. Providers are strongly advised to change their passwords from time to time. Providers must contact XYZTG immediately if they suspect that their username or password has been disclosed to, or obtained by, a third party and that its integrity is threatened.
3.4 Until such notification is received by XYZTG, we will assume that any instructions received in electronic form or over the telephone, which have been authenticated by Providers’ usernames and passwords, are genuine and valid instructions from Providers to us.
3.5 XYZTG shall communicate with Providers, at the address last notified to us by any of the above means unless we are required to communicate in writing either under this Agreement.
4. Commissions and Charges
4.1 Any person or organisation providing appropriate training courses and related services may list as many courses or services as they wish by using the sign-up form and entering their details.
4.2 The use of this site as a user is free of charge. XYZTG however reserve to right to introduce charges relating to the activities of this site at any time.
4.3 Details of all future charges payable to XYZTG in connection with the hosting and provision of information and services are available from the Website. XYZTG reserves the right to vary the charging structure for the use of the database, without prior notice.
4.4 Please note that XYZTG will invoice on behalf of UK Construction Training Ltd or XYZ Business Training Ltd (wholly owned subsidiaries of XYZTG) and payments should be made payable to the relative company as noted on the invoice or to the payee names on the invoice to the above address.
5. Provision of Services – Providers
5.1 Providers may apply to join XYZTG and agree to provide related training services as pursuant to the terms and conditions of elearning.co.uk provider agreement.
5.2 All providers agree to pay the applicable commission / fee to XYZTG for any services sold through this website, should it apply and in accordance with clause 18.5.
5.3 Providers agree that for courses and services bought and sold from other providers via this website are done so on the understanding that the legal relationship, responsibility and contractual obligation is between the providers directly and XYZTG will not be held liable for any loss or damage caused as a result of this relationship or involvement there-in. Clause 10 applies in all circumstances.
5.4 Providers agree to provide to other providers (including XYZTG and its subsidiary companies) on this website at a wholesale rate, currently no higher than 50% of the regular price delegate fee.
5.5 Providers agree that all courses entered into this Website will be advertised, displayed and sold via electronic or other means by this Website, Affiliate platforms, Providers, Providers, other websites owned and operated by XYZTG and other 3rd Party Websites and Publications as decided upon by XYZTG from time to time.
6. Cancellations and Refunds policy
6.1 Users do not pay to search for courses and services on the website.
6.2 XYZTG Terms & Conditions apply for users purchasing training through this website.
7. Copyright and User Registration
7.1 Access to each Provider login area of the Website is restricted to individual Providers and their agents (as chosen from time to time by the main administrator on the Provider account) and may not be shared with others.
7.2 Whilst information extracted from the files on the Website may be used personally, any copying or distribution of such files in whole or in part is prohibited. XYZTG reserves the right to monitor all accounts to determine the number of files being accessed and the locations from which access is affected.
7.3 Each administrator connected to a Provider account will have their IP address recorded and printed on any change made to any file on this Website. The statistical information compiled and published by XYZTG is the property of XYZTG and/or its licensors and may not be used except as authorised by or pursuant to this Agreement.
7.4 XYZTG reserves the right to restrict some or all of the pages and features on this website to Providers, their Administrators, IP addresses and locations should XYZTG deem it necessary.
8. Data maintenance
8.1 Any person or organisation providing information to be listed by this Website agrees to take full responsibility for its accuracy and relevance at the time of submission. Each Provider undertakes not to provide inaccurate or misleading information and in particular each warrants that courses and services are currently available and that they conform to the description given.
8.2 XYZTG may from time to time investigate the level of maintenance activity being performed on the information and, if in the opinion of XYZTG, the information is out of date, inaccurate, materially incomplete or relates to inactive providers, the information and provider details may be deleted after best efforts have been made to contact the initial provider of the information.
8.3 Providers agree to not change or edit any basic details of a course operated by themselves where another Provider (Including XYZTG) has reserved delegates.
8.4 Any person, organisation or active Provider agrees not create more than one account, login or Company information except where additional agents are required to administer a single account.
10.1 If the User makes a default in or commits a breach of these Terms of Business and in particular fails to pay charges for services as they fall due to XYZTG or any other Provider for services initiated on this Website or any other event occurs which in the opinion of XYZTG may jeopardise its position or that of the XYZTG or XYZTG we may, without referring to the User, take such action in relation to any service as we, in our absolute discretion, consider necessary, desirable or expedient to comply with or to perform, cancel or satisfy any service or transaction or to protect such positions.
11. Liability for Loss
11.1 Much of the information contained on this Website is managed and updated by the training providers themselves and XYZTG expressly makes no warranty for the accuracy or relevance of the information contained herein.
11.2 XYZTG shall not be liable for any direct or indirect, incidental or consequential loss or damage (including loss of profits, revenue or goodwill) arising from the use, inability to use, interruption or non-availability of the Website or any part of the research materials published on the Website or otherwise any loss of data on transmission, howsoever caused.
11.3 Whilst the material published on the Website is believed to be reliable and accurate, it is not independently verified. Accordingly, no representation or warranty is made or given by XYZTG, its officers, agents or employees as to the accuracy or completeness of the same and no such person shall have liability for any inaccuracy in, or omission from, such materials, save, however, that there shall not be excluded any liability for direct loss, costs or expenses caused by the willful default, negligence or fraud of XYZTG or its employees.
11.4 The installation and maintenance of all computer hardware, software and communications devices needed by the User to access the restricted access pages of the Website are solely the User’s responsibility.
12. Joint and Several Liability
12.1 Should any User be a legal “Providership” as depicted by UK Law, or is otherwise comprised of several persons, the liability and obligations of each such person under this Agreement shall be joint and several.
12.2 Any default due to non-payment of fees or commissions shall be deemed to have occurred in respect of all of such persons and XYZTG may exercise its rights set out in clause 14 without being required to give notice of such an event to any of the persons.
13.1 We understand that the privacy and security of your personal and account information are important to you. XYZTG adheres to confidentiality standards that are designed to protect your personal information.
13.2 Unless specifically noted and required (such as in the booking and reserving of training courses) Users are not required to provide us with any personal information, and we do not monitor or collect any personally identifiable information from you.
13.3 Providers who use the password-protected areas of this Website, will be asked to provide us with information about yourself and your Company. This information will only be used solely by this Website and wholly owned businesses of XYZTG. We will not disclose this information to any 3rd party..
13.4 We emphasize to our employees the confidential nature of this information and the high level of importance we place on maintaining this confidentiality. All information that is supplied is covered by the United Kingdom’s Data Protection Act 1998.
13.5 This Website contains advertisements and links to other Websites not operated by XYZTG. XYZTG is not responsible for the content, or the privacy practices, of these Websites except those owned and operated by XYZTG.
13.6 Whilst we have endeavoured to create a secure and reliable Website for our users, the confidentiality of any communication or material transmitted via our Website or by e-mail cannot be guaranteed. When disclosing personal information, users should be aware that it is potentially accessible by others, and may be collected and used by others without the user’s consent. XYZTG accepts no responsibility for the security of personal information transmitted via the internet.
14. Disclosure of Information
14.1 XYZTG will at all times endeavour to protect its Users’ confidentiality. We may however be obliged to disclose information concerning a User, its business or any transactions which have been obtained in the course of the User’s business relationship with XYZTG, when required or requested to do so under any relevant law or by any governmental authority. The User irrevocably authorises XYZTG to make the disclosure of such information accordingly and without reference to the User. The User also hereby authorises the disclosure of such information to other Companies owned and operated by XYZTG.
15. Amendment, Variation and Assignment
15.1 XYZTG maintains the categories and structure of the database and reserves the right to modify, rearrange and otherwise alter these without notice. The provision of any course, provider or other information by XYZTG is at the absolute discretion of XYZTG, and listings may be withdrawn at any time, without notification or explanation.
15.2 Information which, in the opinion of XYZTG, is inappropriate, out of date or incorrectly categorised may be changed or deleted without warning.
15.3 XYZTG reserves its right to vary any of the terms of this Agreement either by written notice to Users or by notice published on the Website describing the relevant changes. The variation shall take effect upon receipt by Users of notice in writing or in the case of notification through the Website, on the first occasion thereafter upon which any attempt is made by a User to access the research on the restricted access pages of the Website.
15.4 XYZTG may assign all or any of its rights and obligations under this Agreement to another appropriate member of the XYZTG or XYZTG or any of their successors.
15.5 This Agreement is personal to each User, and Users’ rights and obligations under this Agreement and any transactions entered into pursuant hereto, are not capable of assignment to a third party.
16. Authority & Consent
16.1 All Users and their agents, if a natural person, warrants and represent to XYZTG that he/she is over the age of eighteen years. If a body corporate, Providership or unincorporated body it warrants that it is by its memorandum and articles of association, deed of Providership, trust deed or other constitutional document, as the case may be, empowered (and has taken all necessary steps and obtained all licenses, permissions, consents and approvals) to enter into this Agreement with XYZTG.
17.1 This Agreement between the User and XYZTG may be terminated at any time with one day’s notice, by one party giving written notice to the other in accordance with the terms of this Agreement. Such notice shall be subject to any outstanding commissions or fees accruing to XYZTG (including any additional expenses incurred in connection with such termination) being paid. XYZTG will be entitled to terminate this Agreement if at any time a User fails to make payment of any fees due and payable to them. XYZTG may terminate this Agreement without notice and with immediate effect on the terms referred to in the event that the User shall at any time do anything to jeopardise the proper and efficient running of the Website or make or permit any unauthorised access to such Website. Termination of this Agreement will not affect any outstanding order or transaction or any legal rights or obligations which may have already arisen and this Agreement shall continue to apply in respect thereto. Termination shall be without effect in relation to any warranties and representations made by the User under this Agreement and clauses 10, 12 and 13 in particular shall survive any such termination and remaining full force and effect.
18. Further provisions
18.1 Entire Agreement
This Agreement and the Disclaimer document embody and set forth the entire Agreement and understanding between XYZTG and the User with respect to the services to be provided herein. This Agreement supersedes all prior oral and written agreements, terms, understandings or arrangements relating to its subject matter.
If at any time any of the provisions set out in this Agreement (in whole or in part) is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction neither the legality, validity or enforceability of the remainder of such clause or the remaining clauses of this Agreement nor the legality, validity or enforceability of such clause shall be affected.
18.3 Rights and Remedies
No failure or delay by XYZTG to exercise, in whole or in part, any rights under this Agreement or under any transaction shall constitute or be deemed to constitute a waiver of those rights upon that or any subsequent occasion. The rights and remedies herein are cumulative and not exclusive of any rights or remedies provided by law. No failure to exercise or delay in exercising the same shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof. The User’s rights and obligations under these Terms of Business and any transactions entered into pursuant hereto are not capable of assignment.
This Agreement is binding upon the User and its successors in title.
18.5 Time of Essence
Time shall be of the essence in relation to the payment of fees pursuant to this Agreement. Any outstanding payment more than 30 days from date of invoice may result in access to this Website being withdrawn.
18.6 Force Majeure
XYZTG shall not be in breach of any of the provisions of this Agreement or held liable or responsible for total or partial failure of performance of its duties and obligations occasioned by any event or circumstance whatsoever not reasonably within its control, including, without limitation, acts of God, fire, acts of government or state, any acts or regulations of any governmental or supranational bodies or authorities, strike, lock-out or other form of industrial action, war, civil commotion, insurrection, embargo, failure of any computer system, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature or any other reason (whether or not similar in kind to any of the above), or acts of terrorism. XYZTG shall have no liability or responsibility for any loss or damage incurred or suffered by the User in the event of any breakdown, failure or malfunction of any telecommunications or computer services or systems.
The User represents and warrants that it is acting as principal and not as agent or attorney for any other person. XYZTG shall not be bound to act in accordance with the instructions of any person other than the User (but shall be entitled to act in accordance with all instructions given by the User or purporting to be given by the User) and its liabilities hereunder shall be fully discharged by it performing such in the User’s favour.
19. Governing Law
19.1 These Terms of Business shall be governed by and construed in accordance with the laws of England and Wales. In relation to any dispute, the User irrevocably agrees to submit to the non-exclusive jurisdiction of the English courts.
20.1 References to a “person” include a reference to any natural person, firm, company, corporation, government, state or agency of a state or any association or Providership (whether or not having separate legal personality) or any one or more of the foregoing. “Business Day” means a day (other than Saturday or Sunday) on which bank premises are open for general business in London. “Connected Company” means (in relation to a body corporate): (a) That body corporate’s holding company; (b) A subsidiary of the body corporate; (c) A subsidiary of the holding company of that body corporate.
20.1 By logging in, the User agrees to be bound by the standard Terms of Business of XYZTG. By means of the User’s login to these services the User is deemed to thereby accept the current Terms of Business including the notice below. If the User does not wish to accept these current Terms of Business and the notice below, the User should cease using this Website immediately and notify us of their bob-acceptance
20.2 None of the services provided as a result of this agreement constitutes a recommendation for a course or related service and none should be construed as such. .
20.3 No recommendations are made directly or indirectly by XYZTG as to the merits or suitability of any course or service which may result directly from having viewed the Website or having received information by email.
20.4 Access to the Website is not open to persons or organisations resident in any territory outside the United Kingdom where, to allow such access, would require any registration, filing, application for any license or approval or other steps to be taken by XYZTG in order to comply with local laws or other regulatory requirements in such overseas territory. In all cases it is the User’s responsibility to be informed about applicable legal or other regulatory requirements in the territory in which the User is resident or of which the User is a citizen. By acceptance of this Agreement the User represents and warrants that neither allowing the User access to the Website nor the acceptance of this Agreement by the User will infringe the laws or impose upon XYZTG any obligations or duty which has not been performed, fulfilled or satisfied under the laws of any territory the United Kingdom in which the User is so resident or of which the User is a citizen. If the User is in any doubt about its status or compliance with the laws and regulations of any applicable territory, it is recommended to the User to take appropriate professional advice without delay.
20.5 While all reasonable care has been taken to ensure that the information published on the Website is not untrue or misleading at the time of publication, neither XYZTG nor its officers or employees make any representation or warranty as to the accuracy or completeness of such materials. No liability is accepted for any loss whether direct or indirect, incidental or consequential, arising out of any of the information not being true and accurate except to the extent caused by the willful default or gross negligence of XYZTG or its employees.
20.6 The content of this Website is protected by copyright and other intellectual property rights or similar rights which, unless indicated otherwise, are the property of XYZTG or another member of the group. Except for permission to download a single copy for personal use, the material published by XYZTG may not be reproduced, distributed or published in whole or in part by any recipient for any purpose, without our prior express written consent.
20.7 Whilst certain software may be made available to the User from time to time at the XYZTG Website, the User is licensed to use such software on a non-exclusive basis only for the purposes specified. The User is not permitted to use such software for any other purposes and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with such software.
20.8 “XYZTG“ and “Elearning.co.uk” names are, the trade marks of XYZTG. All intellectual property rights in and to the same are expressly reserved to the group or (as the case may be) the organisation which has licensed the group to reproduce the same and accordingly none of the trade marks may be reproduced by the User without the express prior consent of the group.
20.9 This Website is hosted in the United Kingdom and compiled in order to comply with English law. All visits to this Website are subject to and governed in accordance with English law.