ALSO SEE OUR “KEY FACTS” DOCUMENT FOR ALL THE KEY FACTS.
These Terms will apply to any contract between us for the provision of Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any course accessed through our site (“Course”).
Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to place an order for an order for a Course from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 6. Every time you wish to purchase a Course, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1 INFORMATION ABOUT US
1.1 We operate the website www.itsm.zone. We are IT Training Zone Limited trading as ITSM Zone a company registered in England and Wales under company number 06332305 and with our registered office at Triune Court, Monks Cross Drive, York, England, YO32 9GZ (“We, our”), which is also our main trading address is Our VAT number is GB 925 9105 19.
1.2 Contacting us:
1.3 If you wish to contact us for any reason, including because you have any complaints, you can contact us by telephoning our customer service team at +1 (415) 361 5030 or by e-mailing us at email@example.com.
1.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2 USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3 HOW WE USE YOUR PERSONAL INFORMATION
4 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 The pages on our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.2 If you are a consumer, you may only make a purchase from our site if you are at least 18 years old.
4.3 After you place an order, you will receive an e-mail from us confirming your order. This email confirms access to the Course (including the date on which any E-Book is available for access) and provides your identification code and password (“Delivery Confirmation”). E-Books are supplied via a third party and access details are typically provided within 2 working days. The Contract between us will only be formed when we send you the Delivery Confirmation.
5.1 The Courses that we provide are those documented on our site at certain times. We reserve the right to add to or delete from the range of Courses that we make available.
5.2 If we are unable to supply you with a Course, for example because that Course is no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Course, we will refund you the full amount including any delivery costs charged as soon as possible.
5.3 When you receive the Delivery Confirmation you are granted (from the date of the Delivery Confirmation) a non-exclusive, non-transferable right (licence) to access the Course content on our site. This right (licence) shall last for the period of time that is stipulated in the Delivery Confirmation at which point it will cease.
5.3.1 In the event that you fail to complete the course within the period of time stipulated in the Delivery Confirmation, you have the option to purchase an extension to your licence. This extension will continue from the date that supply ceased, even when purchased after this time.
5.4 We will provide the Services to you with reasonable care and skill.
5.5 We will make every effort to provide the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 11 for Our responsibilities when an Event Outside Our Control happens.
5.6 We may have to suspend the Services if we have to deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency.
5.7 In the unlikely event that you are unable to access a Course:
5.7.1 please contact us and tell us as soon as possible;
5.7.2 if the fault is ours please give us a reasonable opportunity to repair or fix any defect; and
5.7.3 We will use every effort to repair or fix the defect as soon as reasonably practicable; any downtime that occurs as a result something that we have done or failed to do, will be added to the term of the licence granted to you in clause 5.3. We are not responsible for any downtime that occurs as a result of something that is not our fault.
6 OUR RIGHT TO VARY THESE TERMS
6.1 We amend these Terms from time to time.
6.2 Every time you order a Course from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect the changes in relevant laws and regulatory requirements.
6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Services or just the Services you have yet to receive. If you opt to cancel we will arrange a full refund of the price you have paid.
7 YOUR RIGHT TO CANCEL THE CONTRACT
7.1 You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.2. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to make use of a Course, you can notify us of your decision to cancel the Contract and receive a refund.
7.2 Your legal right to cancel a Contract starts from the date of the Delivery Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. You have 14 days to cancel the Contract should you wish to (for example, if the Contract is formed on 1st January the last day on which you may cancel the Contract is the 15th January).
7.3 You are unable to cancel the Contract at any time if you access a Course, begin to use the Services in any way by using the user identification code and the password that is connected to it, are supplied with, or download (or otherwise access) an E-Book, or have been issued with your exam voucher.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 1 415 361 5030. If you are e-mailing us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
7.5 If you cancel your Contract we will refund you the price you paid for the Services or an EBook or other goods supplied by us.
7.6 We will refund you on the credit card or debit card used by you to pay.
7.7 Because you are a consumer, we are under a legal duty to supply Services that are in conformity with this Contract. As a consumer, you have legal rights in relation to Services that are not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8 PRICE AND PAYMENT
8.1 We will charge you a standard monthly subscription fee for access to our courses.
8.2 You can cancel your account at any time using the link on your payment receipt (click here), which will trigger an email from our subscription services provider. You will remain liable for all charges accrued up to that time, including full monthly charges for the 30 days in which you discontinued service.
8.3 Once you unsubscribe we will keep your account / course data for a maximum of 30 days. After this time your account will be deleted and all course progression will be lost.
8.4 The price of a Course excludes VAT or any other sales tax. Should VAT or any other sales tax apply to the provision of the Services then the full price (including tax) will be shown to you on our site before you confirm your order.
8.5 We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month’s advance notice of such change.
9 HOW TO PAY
9.1 You may pay for a Course using a debit card or credit card.
9.2 Payment for Courses is in advance. We will not charge your debit card or credit card until we send the Delivery Confirmation.
9.3 Purchases will be listed on the your card statement under the reference IT Training Zone Ltd.
10 OUR LIABILITY IF YOU ARE A CONSUMER
10.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated (or should have been contemplated) by you and us at the time we entered into this contract.
10.2 We only supply Courses under these Terms for domestic and private use. You agree not to use the Course for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 We do not in any way exclude or limit our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession
10.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and services Act 1982 (description, satisfactory quality, fitness for purpose and samples)
11 EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
11.3.1 we will contact you as soon as reasonably possible to notify you; and
11.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the Services to you, we will endeavour to connect the Services as soon as we can after the Event Outside Our Control is over.
11.4 You may cancel a Contract 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, including any delivery charges.
12 COMMUNICATIONS BETWEEN US
12.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
12.2 Should you need to contact us please do so using the details provided in clause 1.2
13 INTELLECTUAL PROPERTY
13.1 All intellectual property rights in the Services and any other products or materials and supplied by us to you under the Contract belong to us and/or our licensors (as applicable).
13.2 You agree that you shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means.
13.3 In the event that we discover that you have not complied with the terms of this clause 13, we shall be entitled to terminate the Contract immediately by writing to you.
14 ADMINISTRATION, EXAMINATIONS AND SUPPORT
Start and end of training
14.1 Any additional information required for access to any course will be sent to you at the email provided by you
14.2 We are not responsible for delays incurred as a result of you providing us with incorrect information.
14.3 Unless explicitly stated, exams are not included with the price of the course.
14.3.1 The following terms apply to the purchase of exam vouchersUnless explicitly stated, exams are not included with the price of the course:
14.3.2 Each exam voucher is valid for twelve (12) month’s after the date of the Delivery Confirmation, except if you are an ITIL Expert or Foundations for Professionals delegate, then exam vouchers are valid while your training access is live;
14.3.3 An exam voucher may be used after the licence granted to you to use the training Services has expired for a period of up to six (6) months from the voucher Delivery Confirmation date;
14.3.4 You are responsible for meeting the costs of any exam re-sits. The prices for this are set out on our site or as provided by us from time to time. We are not responsible for the costs of re-sits; and;
14.3.5 In sitting an exam you agree to uphold the official examination rules and regulations including but not limited to any examination rules as set out by the examination Institute and the required exam conditions.
14.3.6 You must supply a valid course completion certificate when requesting your exam.
14.4 Email tutor support is available. Emails should be sent to the address set out for the relevant course on our site. We will endeavour to respond to all enquiries within 24 hours of receiving them.
14.5 Technical support is available. Emails should be sent to the address set out for this purpose on our site. We will use best efforts to respond to all enquiries within 12 hours of receiving them.
15 OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms
15.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 These Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.