This web site is operated by StudyFlex Ltd, a company incorporated in England, of:
StudyFlex Limited, 120 Pall Mall, London, SW1Y 5EA
Tel: 0207 1010 720
Our ultimate aim is to provide you with a quality distance learning service so as to enable you to complete your studies, and chosen qualification as smoothly as possible. We are confident we shall provide a high quality service at all times. If however you have any queries or concerns about our work for you, please address them by email to firstname.lastname@example.org. We greatly value your business, and would not wish to think you have any reason to be unhappy with us.
StudyFlex Ltd (hereinafter referred to as “StudyFlex” cannot enter into any relationship with you until you have agreed to these terms and conditions. They represent the contract between you and StudyFlex (“us”, “we”, etc). By instructing StudyFlex in any way, you agree to be bound by them. No change can be made to these terms unless the changed agreement is in writing, in hard copy, signed by both us; or set out in email messages, to and from each other. This agreement binds both you and us as soon as you become a Client. This agreement may be changed at any time. When it is changed, your own contract is not changed. The version posted here at the time you instructed us continues to be valid. The new version is valid for all new instructions from you and from others.
“Content” means information in any form published on our web site by us or any third party with our consent or downloaded by you from our web site.
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site including any communication or peripheral system.
“Services” means all the services we provide, whether or not from our web site. It includes documents for which you buy a licence to use, documents we provide for you, all advice we give and, training interventions we provide, and all other actions we take for you
“Client” means an individual delegate, client company or their delegate
“Act” means the Consumer Credit Act 1974 including any amendments or re-enactments or regulations made thereunder
“Credit Agreement” means a credit agreement regulated by the Act entered into between you and us
“Distance Learning Package” means the course(s) identified and all related Materials, support and tuition where applicable
“Qualification” means the qualification provided by the Chartered Management Institute
“Materials” means the learning materials and books for the Distance Learning Package or any part of them (and shall include any replacement training materials and books in the event that you transfer Distance Learning Package in accordance with Clause 4 iv). We reserve the right to alter or substitute the learning materials and books provided in connection with any Distance Learning Package at any time.
“Outstanding Balance” means all amounts payable under this Agreement less any amount paid
“Support Period” means the period of your student registration or such other period as we may stipulate in the Materials, or agree between us
“Total Amount Payable” means, in the case of payment by instalments, the amount specified as the Total Amount Payable in the Credit Agreement, and, in all other cases, the total amount payable to StudyFlex for the Distance Learning Package
Singular words shall include the plural and vice versa
Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement
2. Information you give us
You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with our services.
3. Our contract
i. You become a Client when we both agree that you are a Client. So you become a Client only when:
a. you have sent a completed instruction to us through this web site, (or other means, as agreed) and paid for the Distance Learning Package(s) you have ordered or commenced payment by instalments
b. we have responded in a manner indicating acceptance, for example by providing or starting to provide the advice or information or materials you have requested.
ii. You cease to be a Client when we have provided the service for which you have paid. As a result you are not a Client for the time between completing one Distance Learning Package and starting another. Each Distance Learning Package is a new retainer which terminates when that Distance Learning Package is completed.
iii. In the event of payment by instalments we will not release any qualification certificate until the final instalment has been paid. In the event of you completing your qualification prior to the final instalment being paid, we will give you the option to pay the full balance due and receive your certificate immediately on receipt of this payment.
iv. During the Support Period, we will provide you with support and tuition as set out in the Materials. If requested, we may at our sole discretion, extend the Support Period for an agreed fee.
v. We highly recommend that you view the course outlines shown on the website before placing an order. By doing so, you can make sure that the course that you want to buy meets your expectations.
vi. If you wish to transfer to a different Distance Learning Package, we may at our sole discretion agree to such transfer. Unless you are paying under a Credit Agreement, if we agree that you may transfer to a different Distance Learning Package, we will transfer the fees paid for the Distance Learning Package you wish to discontinue, towards the amount payable for the new course PROVIDED THAT we receive payment from you for any balance of fees due in respect of the new course (if more expensive than the discontinued Distance Learning Package). In the event of a transfer we will charge you for the cost of any materials and other costs incurred on the original Distance Learning Package. If the new course has a lower fee than the discontinued course, we will provide a refund for the difference, less the cost of any materials and other costs incurred on the original Distance Learning Package.
vii. Once a Distance Learning Package has been confirmed, we will reserve all the Materials in your name and distribute them to you at the outset, or as otherwise agreed.
viii. You agree to inspect the Materials upon delivery. You will tell us within 7 days of any omission in them.
ix. There is no contract between us for any free service we may offer, so you do not become a Client by using any free service and we are not liable to you in any way resulting from your use of any free service.
x. Prices are exclusive of any applicable value added tax or other sales tax, unless otherwise agreed.
xi. You undertake to complete all work yourself in relation to completion of your qualification, and not to use any copied material or collude with any other person to submit work which is not your own original creation. In the event that you are found to have copied any work or colluded with another person to pass off work as your own, which is subsequently found to be not your own original work, you understand that this may lead to your disqualification from the course and the forfeit of any fees paid.
xii. You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through our web site or in some other way.
4. Limitations on our service
i. We make no representation and give no warranty with respect to any of the Services or Distance Learning Packages. We do not guarantee that any Service or Distance Learning Package is suitable for your particular requirements. Similarly we make no guarantee that you will achieve the required standard in order to pass the relevant Qualification linked to any Distance Learning Package undertaken. StudyFlex advice and documents are provided “without liability”.
ii. If we, at our sole discretion, assist you in making your decision on which Distance Learning Package to select, through the use of any facilities on our website, in writing, by email, on the telephone or any other form of communication, you acknowledge and agree that we shall not be responsible for the final choice that you make. In the event that you choose not to continue with a Distance Learning Package, you may request to transfer (see section 3 vi)
iii. We will use our best endeavours to ensure that the Materials will be of satisfactory quality but do not warrant that the Materials will be error free.
iv. We will use our best endeavours to perform any services provided hereunder with reasonable skill and care.
v. These representations are provided in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.
vi. Our liability for direct losses arising out of our negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the total price paid for the Distance Learning Package.
vii. Our Web Site may contain links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
viii. Other than in respect of liability for death or personal injury arising from our negligence, we shall not be liable for any indirect or consequential loss or damage whatsoever (including without limitation any loss of profits, loss of revenue, loss of opportunity or your liabilities to third parties) which you may suffer arising out of or in connection with this Agreement and your use of our Services.
viii. We reserve the right to subsitute or discontinue any Materials from those advertised at any point where we believe this to be in the interests of candidates.
5. Content and Intellectual Property Rights
i. All ownership rights and intellectual property rights in the Content and/or Materials and/or Distance Learning Package whether provided by us or by any other third party provider shall remain the sole property of us and / or the other third party provider. We will strongly protect our rights in all countries.
ii. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
iii. You may download or copy the Content and/or Materials and/or Distance Learning Package only for your own personal use as an individual delegate, provided that you maintain all copyright and other notices contained therein.
i. We agree to sell and you agree to buy the Distance Learning Package for the Total Amount Payable and on the terms you have selected from the payment options made available on our website.
ii. Under no circumstances shall we be deemed to have received payment until payment has actually been received by us in full.
iii. Additional charges for StudyFlex tutorials, coaching sessions, seminars, and other training events will be as shown on our website, or as agreed with you separately in advance.
iv. Part of the charge made for the Distance Learning Package relates to a student registration fee with the Chartered Management Institute. This fee will be passed to the Chartered Management Institute on your behalf by StudyFlex and/or The Training Network, and you will be deemed to have entered a contract directly with the Chartered Management Institute in relation to your student registration. Completion of the Chartered Management Institute registration form indicates your acceptance of this condition.
v. Payments made by credit or debit card may appear on your statement either as The Training Network or StudyFlex.
7. Storage of assignments
and other work submitted
We are not obliged to keep copies of communications between us. In practice, we will endeavour to keep soft copies of assignments submitted and advice given, for our own benefit. From time to time we will hold work submitted on our premises. When this occurs we will hold these materials securely and confidentially under the terms of our agreement with the Chartered Management Institute. You are strongly advised to print and retain a copy of all work submitted and any other communications between us. We cannot be held responsible for the loss of any work submitted to us as part of your Distance Learning Package, or any consequential losses arising therefrom.
8. System Security
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site. You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on, and that you will not permit any other person to do so. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
Examples of violations are: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; taking any action in order to obtain services to which you are not entitled.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
If any of these terms is at any time held in any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11. Contracts (Rights of Third Parties) Act 1999
Nothing in any contract to which we are a party shall confer any right to any person not a party to a contract.
12. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. All liabilities or obligations arising under this Agreement shall be enforceable against you after termination of this Agreement. You will notify us immediately in writing of any change in the address specified overleaf. Any notices required to be served under this Agreement, or in accordance with the Act will be deemed properly served if sent by way of prepaid first class post to your last known address.
13. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
According to the Distance Selling Regulations 2000, you have a cooling off period of seven working days from receipt of goods. This period allows an unconditional right to cancel. You will be required to make such a request in writing to StudyFlex.
If you have paid in full for your Distance Learning Package, and you are not fully satisfied, you may cancel any time during the first 60 days from the date of this agreement. In this instance, we will provide you with a full refund, less the cost of any materials sent to you, and any fees paid on your behalf. This does not affect your statutory rights.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the law of England.
Thank you for reading.
Copyright StudyFlex Ltd Jan 2009.