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Terms and Conditions

1.  Definitions

"Buyer" means the individual or organisation who buys or agrees to buy the eLearning courses from the Seller;
"Seller" means Food Alert Limited, 247-249 Cromwell Road, London SW5 9GA trading as www. itrainingcourses. co. uk, www. ilearningcourses. co. uk and www. mytrainingcourses. co. uk.  (Registered in England 2490317.  Registered Office: 247-249 Cromwell Road London, SW5 9GA.  United Kingdom)
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of eLearning courses incorporating these Terms and Conditions;
"eLearning courses" means learning courses delivered by electronic means to the Buyer who agrees to buy from the Seller;
"Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
 
2.  Conditions

Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.  These Terms and Conditions shall apply to all contracts for the sale of eLearning courses by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer. 
Acceptance of delivery of the eLearning courses shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.  Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. Ordering
 
All orders for eLearning courses shall be deemed to be an offer by the Buyer to purchase eLearning courses pursuant to these Terms and Conditions and are subject to acceptance by the Seller.  The Seller may choose not to accept an order for any reasWhen making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website. eLearning courses are subject to an End user license agreement.  The buyer must agree to abide by the terms of this license agreement in order to access the eLearning courses. The licence for the eLearning courses will expire one year after purchase.

4. Price and Payment

The Price of the eLearning courses shall be that stipulated on the Seller’s Website.  The Price is exclusive of VAT.  The Price excludes delivery charges. The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.  After the order is received the Seller shall confirm by email the details, description and price for the eLearning courses together with information on the right to cancel if the Buyer is a Consumer. Payment of the Price plus VAT and delivery charges must be made in full before dispatch of the eLearning courses.

5.  Right of sellers

The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion. The Seller shall not be liable to anyone for withdrawing any eLearning courses from the Website or for refusing to process an order. The Seller reserves the right to withdraw any eLearning courses from the Website at any time.

6. Warranty
 
The Seller warrants that the eLearning courses will at the time of dispatch correspond to the description given by the Seller.  Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or
condition of the eLearning courses, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the eLearning courses for the Buyer’s purpose.

7. Access
 
Following acceptance of order, the Buyer will normally be able to access the eLearning courses purchased instantly with a maximum of 1 working day. Access to the eLearning courses will be as specified in the confirmation email sent to the Buyer after payment has been received. The Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to deliver the eLearning course. The Buyer must agree to any EULA (End User License Agreement) associated with the eLearning courses or materials purchased.

8.  Use of the Website
 
Your use of the Website constitutes your agreement to all Terms, Conditions and Notices contained herein or otherwise posted on the
Website.  If you do not accept any of the provisions of the Terms and Conditions, do not use the Website.
 
9.  Cancellation and return
 
The Buyer is responsible for inspecting the eLearning courses once they have accessed the eLearning materials.  If the eLearning course is not required by the Buyer then provided it has not been used then a refund will be provided.  If the course materials have been accessed and questions answered the Buyer shall be deemed to have accepted the eLearning courses. Where a claim of defect or damage is made about the eLearning courses then the Buyer shall be entitled to a full refund only if the eLearning courses are in fact defective. If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller emailing info@itrainingcourses.co.uk within 7 working days of receipt of receiving access details to the eLearning courses.

10. Limitation of Liability
 
Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the eLearning courses and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.  This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent
misrepresentation. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

11. Waiver

No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

12. Guarantee items description
 
We are providing this website and its contents on an "as is" basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to our website and the products to the fullest extent permitted by law.  In particular we do not represent or warrant that the information contained within the products is accurate, complete or current.  We make every effort to ensure that information contained in our website, databases products and pricing is accurate.  However, we can accept no liability for errors or omissions in such information. Photographs shown are for illustrative purposes only, while every effort is made to ensure the accuracy of colour reproduction, colour may vary according to the settings of your monitor, software or printer.

13. Force Majeure
 
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its
obligations.

14. Severance
 
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

15. Changes to terms and conditions
 
The Seller shall be entitled to alter these Terms and Conditions at any time, but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

16. Governing law and jurisdiction
 
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Guarantee Item descriptions We are providing this website and its contents on an "as is" basis and make no (and expressly disclaim all) representations or warranties of any kind, express or implied, with respect to our website and the products to the fullest extent permitted by law.  In particular we do not represent or warrant that the information contained within the products is accurate, complete or current.  We make every effort to ensure
that information contained in our website, databases products and pricing is accurate.  However, we can accept no liability for errors or omissions in such information.
Photographs shown are for illustrative purposes only, while every effort is made to ensure the accuracy of colour reproduction, colour may vary according to the settings of your monitor, software or printer. 

E.  &.  O.  E. All rights are reserved.  Publication or distribution for commercial purpose of any information contained on the site is expressly forbidden without the prior written consent of Doctor Energy.  All material and information on the site is protected by international copyright and similar rights. 


COMPLAINTS

Complaints will be dealt with fairly, confidentially and speedily.  All complaints will be acknowledged within 7 days.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website for placing orders.  You also understand that we cannot and do not guarantee or warrant that (in the case of CD's, DVD's and software) any of the material contained within the products will be free from infection, viruses and/or other code that has contaminating or destructive properties.  You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other checks) to satisfy your particular requirements.
The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by law.