SIMPLY ACTIVE ONLINE LTD
105 Victoria St, Westminster, London SW1E 6QT
Terms & Conditions of using recurring payments (including how to cancel, frequency of payments, length of payment terms)
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods and services (the Products) listed on this website (the 'Website') to you.
Before confirming your order please: Read through these terms and conditions (the 'Terms').
Please ensure you print a copy for future reference.
By ordering any of the products listed on this Website, you agree to be legally bound by these conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
"Company", "We" or "Us": Simply Active online LTD Trading as Direct Placements
"Course": means a Course as identified on our website or a prospectus.
"Customer" or "You": means a buyer of a Course.
"Materials": means any books, documentation, learning guides, CD-ROMs, online resources supplied by Simply Active Online to the Customer for the Course.
"Price": the Price of a Course
1.1 The materials relating to a Course, together with all revisions, updates and alterations made by us from time to time, which may be in any format and which are required by the student to complete the course will be of a satisfactory level of quality.
1.2 You will be responsible for inspecting the Materials promptly; you must notify us of any damage within 48 hours of receipt. After this period, claims for deficiencies or damage will not be accepted.
1.3 You will need to take exams with relevant bodies to receive recognised certificates. If you are planning to study the ACCA you will need to apply for a membership with the ACCA and also pay the fees required to take the exams.
2.1 It is the responsibility of the person making the booking to ensure that the selected courses are appropriate for their needs.
2.2 Any change in the customers' contact details must be notified in writing.
2.3 We do not accept responsibility for registering customers with third party professional bodies or entry for the relevant exams whatsoever.
2.4 Courses and study materials are not transferrable between customers.
3.1 It is your responsibility to comply with any specific Course requirements particularly, but not exclusively, in relation to the submission of any Coursework and/or the assessment of the same. Some Courses and levels of Course have very specific requirements which a failure to comply with may result in you not completing the Course or being deemed to have failed the Course. The Company does not take any responsibility for you failing to comply with any requirements.
3.2 As part of your Course you will be provided with a learning support. The duration of that support will be as stipulated in the documentation provided with your Course or available on the Site. If you wish to extend the duration of support provided, you may do so by contacting us by email. Please contact the Company for further details.
3.3 Complaints will be responded to within 7 working days.
4.1 The price of any Course will be as quoted on the Site from time to time. The Price includes VAT (where appropriate).
4.2 The prices of the Course, does not include any third party Software's, Exam Fee, Registration Fees to awarding bodies or any external costs whatsoever. The price includes only the course and services clearly stated on the individual course page.
4.3 The price of the course is due and payable on dispatch of the Course and/or Materials.
4.4 We reserve the right to refuse admission to a course if full payment is not received prior to the course start date.
4.5 Where it has been agreed to accept payment by instalments, the Price remains due and payable at dispatch, and any failure to make any instalment payment within three days of its due date shall, in addition to any other remedies the Company may have, entitle the Company to:
4.5.1 Suspend performance of any or all Services provided under this Agreement.
4.5.2 cancel any instalment plan or credit agreement made with the Company.
4.5.3 suspend the provision of any support including but not limited to any marking or assessment of your work.
4.5.4 refuse to issue any certificates (whether relating to achievement or otherwise).
4.5.5 Where suspension of your account has taken place, insist on such conditions as the Company considers reasonable before removing or lifting such suspension including (by way of example only), the payment in full of any outstanding balance.
4.6 We reserve the right to charge late payment interest at a rate of 5% above the Bank of England base rate on any outstanding invoices.
4.7 In the event of any request for payment being declined by your bank, building society, credit card provider or the like, an administration charge of £49.00 per declined payment shall be levied.
5.1.1 You may cancel the program if we you don’t access the mentorship & the learning material within 14 days via e-mail.
5.2 The right of cancellation will NOT apply if:
5.2.1 you have accessed any online learning & mentorship or Materials prior to cancellation.
You must not log into the online student learning portal and/or start your course if you wish to receive a refund.
5.2.2 any software supplied has been used or the Security seal broken.
5.2.3 you have been provided with any of the Services.
6.1 We warrant that:
6.1.1 the Materials will be of satisfactory quality and reasonably fit for purpose, but we do not warrant that the Materials will be error free;
6.1.2 we will perform the Services with reasonable skill and care.
6.2 All other warranties, conditions and terms implied by statute or the common law are, fully, permitted by law.
6.3 This Condition 6 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of:
6.3.1 any breach of this Agreement;
6.3.2 any use made by the Customer of the Course and/or Materials or any part of them; and
6.3.3 any representation, statement or omission (including negligence) arising under or in connection with the Agreement.
6.4 Nothing in this Agreement limits or excludes the liability of the Company:
6.4.1 for death or personal injury resulting from its negligence or the negligence of its employees or agent; or
6.4.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by the Company;
6.4.3 any other liability that cannot be limited or excluded by law.
6.5 Subject of Condition 6.4 the Company's total liabilities arising in connection with the performance, or contemplated performance, of this Agreement, shall be limited to the Price.
6.6 Subject to Condition 6.4 the Company shall not be liable to the Customer for:
6.6.1 any loss of profits, anticipated savings, turnover, loss of business, contracts, data, depletion of goodwill or similar losses or pure economic loss (whether direct or indirect in nature):
6.6.2 any indirect loss of damages which happen as a side effect of the main loss or damage;
6.6.3 loss or damage caused by the Company in circumstances where there is no breach of legal duty owed by the Company to the Customer;
6.6.4 loss or damage which is not a reasonably foreseeable result of any breach of this Agreement by the Company; and/or
6.6.5 any claims brought against the Customer by any other party.*
7.1 All copyright and other intellectual property rights relating to the Materials are either owned or licensed to the Company. Copying, adaptation or any other use of all or any part of it without our express permission is strictly prohibited.
7.2 In consideration of payment of the Price, the Company grants you a non-exclusive, non-transferable right to use and copy the Materials for the purposes of private study.
8.1 Without prejudice to any other rights or remedies which the Company may have, the Company may terminate this Agreement without liability to the Customer immediately on giving notice to the Customer if the Customer fails to pay any amount due under this Agreement including, but not limited to the Fees on the due date for payment and remains in default not less than seven (7) days after being notified in writing to make such payment.
8.2 Either the Company or the Customer may terminate this Agreement at any time if the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing of the breach.
8.3 For the purposes of this Clause 8 it is agreed and accepted by the parties that should You be found to have plagiarised or copied any coursework (other than that properly referenced or attributed) to any significant degree (which will be at the Company's sole discretion) it will be regarded as a material breach incapable of remedy and in addition to the termination of this agreement (and for the avoidance of doubt) You will not be entitled to complete the Course and receive any qualification or certification and You will not be entitled to a refund of the Price (or any part thereof).
9.1 Termination of this Agreement, however arising, shall not affect or prejudice the accrued rights of the parties as at expiry or termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.
9.2 On termination of this Agreement for any reason:
9.2.1 the Customer shall immediately pay to the Company all outstanding sums, including, without limitation, Fees;
9.2.2 the Customer shall, within ten (10) business Days, return all of the Materials, including copies of all or any part of the Materials. Until such time as the materials, including copies, have been returned or repossessed, the Customer shall be solely responsible for their safekeeping.
10.1 A waiver of any right under this agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under this Agreement 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.
10.2 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
11.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
11.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
12.1 The customer agrees to allow us to retain information and use it to:
12.1.1 communicate with the customer to perform their obligations under this agreement;
12.1.2 inform customers about their courses, products and services which may be of interest;
12.1.3 provide feedback to customers on their progress and exam performance
12.2 Customers have the right to receive details of personal information held about them in return for a fee of £35.00
12.3 If the customer does not wish to receive correspondence from us a written request should be made to our registered office.
13.1 The Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
13.2 Each party acknowledges that, in entering into the Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract. Nothing in this Condition 13.2 shall limit or exclude any liability for fraud.
14.1 This Agreement, 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.
14.2 The parties irrevocably agree that the English Courts shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation including non-contractual disputes or claims).