Terms & Conditions

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Non-Credit Bearing Short Online Courses - Terms and Conditions

1.  These terms

1.1       What these terms cover. These terms (together with any documents referred to herein) are the terms and conditions on which we provide services to you via our learning platform, whether these are non-credit bearing courses and digital content combined (a Course).

1.2       Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide a Course to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to any of these terms, please refrain from using the learning platform.  The learning platform is for use by people who are 18 years and over only. 

2.  Information about us and how to contact us

2.1       Who we are. We are the University of Newcastle upon Tyne, trading as Newcastle University, a charitable organisation established under the Universities of Durham and Newcastle upon Tyne Act 1963, a statute of England. Our address for service is King’s Gate, Newcastle upon Tyne, NE1 7RU, United Kingdom. Our registered VAT number is 499672470.

2.2       How to contact us. You can contact us by writing to us at support@cpd.ncl.ac.uk or Short Online Courses, FMS Enterprise Team, The Medical School, Newcastle University, Framlington Place, Newcastle upon Tyne, NE2 4HH, UK.

2.3       How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4       ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3.  Our contract with you

3.1       How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2       If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Course. This might be because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the Course.

4.  Your rights to make changes

If you wish to make a change to the Course you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 7 - Your rights to end the contract).

5.  Our rights to make changes

5.1       Minor changes to a Course/ these terms: We may change a Course/these terms:

(a)       To reflect changes in relevant laws and regulatory requirements;

(b)       to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect the delivery of the Course.

5.2       More significant changes to a Course/these terms. In addition, as we informed you in the description of a Course on our website, we may make the following changes to these terms and/or a Course, but if we do so we will notify you at least 30 days in advance and you may then contact us to end the contract before the changes take effect and receive a refund for any Course paid for but not received:

For example, we may change these terms:

(a)       To correct errors;

(b)       By adding or removing optional modules; or

(c)       To make these terms and conditions clearer;

5.3       Updates to digital content. If the Course contains digital content (such as software or an eBook), we may update or require you to update digital content, provided that the digital content shall always match the original description.

6.  Providing courses

6.1       Acceptance of your place on your Course. By submitting the online order form you are formally accepting your place on the Course. Submission of your order also constitutes your agreement to these terms and conditions. We will make the Course content available for download by you as soon as we accept your order.

6.2       We are not responsible for delays outside our control. If our provision of Courses is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of a Course you have paid for but not received.

6.3       What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Course(s) to you, for example, evidence of prior qualifications and work experience to assess your suitability for your chosen Course. If so, this will have been stated in the description of the Course on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may (at our discretion) either end the contract (and Clause 9.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Course late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.4       Reasons we may suspend the provision of a Course to you. We may have to suspend the provision of a Course, for example:

(a)       To deal with technical problems or make technical changes;

(b)       To update the Course to reflect changes in relevant laws and regulatory requirements;

(c)       To make changes to a Course as notified by us to you (see Clause 5).

6.5       Your rights if we suspend the provision of a Course. We will contact you in advance to tell you we will be suspending provision of a Course, unless the problem is urgent or an emergency. You may contact us to end the contract for a Course if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for part of the Course.


7.  Your rights to end the contract

7.1       You can always end your contract with us. Your rights when you end the contract will depend on how we are performing and when you decide to end the contract:

(a)       If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2;

(b)       If you have just changed your mind about a Course, see Clause 7.3 and Clause 7.4. 

(c)       In all other cases (if we are not at fault and there is no right to change your mind). You will not be entitled to a refund.

7.2       Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out in (a) to (f) below, the contract will end immediately and we will refund you in full for any part of a Course that you have paid for but not received. The reasons are:

(a)       We have told you about an upcoming change to a Course or these terms which you do not agree to (see section 5.2);

(b)       We have told you about an error in the fees or description of a Course you have applied for and you do not wish to proceed;

(c)       There is a risk that provision of a Course may be significantly delayed because of events outside our control;

(d)       We have suspended provision of a Course for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than three months; or

(e)       You have a legal right to end the contract because of something we have done wrong.

7.3       Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Courses provided online you have a legal right to change your mind within 14 days (Cancellation Period) and receive a refund. If you are cancelling within the 14 day Cancellation Period then please let us know by a clear statement: using the contact details in section 8.1 , send us a letter, email us, or call us. To meet the cancellation deadline it is sufficient for you to send us your communication telling us you wish to cancel before the end of the Cancellation Period.

7.4       When you don’t have the right to change your mind. You do not have a right to change your mind and are not entitled to a refund in respect of Courses after you have started to download or stream these even if this is during the Cancellation Period.

7.5       Ending the contract where we are not at fault and the Cancellation Period has ended.  You can withdraw from your Course at any time but you do not have a right to receive a refund if you change your mind once the 14-day Cancellation Period ends. Please see section 8.1.


8.  How to end the contract with us (including if you have changed your mind)

8.1      Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a)       Email.  Email us at support@cpd.ncl.ac.uk.  Please provide your name, home address, details of the order and, where available, your phone number and email address. 

(b)       Online. Complete the Contact Us form on our website:  cpd.ncl.ac.uk/contact

(c)       By post. Write to us at Short Online Courses, FMS Enterprise Team, The Medical School, Newcastle University, Framlington Place, Newcastle upon Tyne, NE2 4HH, including details of what you bought, when you ordered or received it and your name and address. 

If you are posting either a letter or the model cancellation form to us, you may wish to send this by recorded delivery as you will need to be able to prove that we have received it. If you are completing the online model cancellation form electronically, we will acknowledge receipt by email without delay.

8.2       If you want to end your contract with us during the 14-day Cancellation Period of the Course Materials then please see section 7.2

8.3       How we will refund you. If you are entitled we will refund you any charges paid for your Course by the method you used for payment.  


9.  Our rights to end the contract

9.1       We may end the contract if you break it. We may end the contract for a Course at any time by writing to you if you:

(a)       Do not make a payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)       you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide you with the Course.

9.2       If we end the contract in the situations set out in section 9.1 we will refund any money you have paid in advance for a Course but we may deduct from that refund a reasonable sum as reasonable compensation for the net costs we will incur as a result.

10.  If there is a problem

10.1    How to tell us about problems. If you have any questions or complaints about a Course, please contact us. You can call write to us at support@cpd.ncl.ac.uk or Short Online Courses, FMS Enterprise Team, The Medical School, Newcastle University, Framlington Place, Newcastle upon Tyne, NE2 4HH, UK.

10.2    Your legal rights. We are under a legal duty to provide Courses that are in conformity with this contract. Nothing in these terms will affect your legal rights.

11.  Price and payment

11.1    Where to find the price for a Course. The price of a Course (which excludes VAT at the prevailing rate where applicable) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of a Course advised to you is correct. However please see Clause 11.3 for what happens if we discover an error in the price of a Course that you order.     

11.2    We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide a Course we will adjust the rate of VAT that you pay, unless you have already paid for a Course in full before the change in the rate of VAT takes effect.

11.3    What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Courses we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where a Course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If a Course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

11.4    When you must pay and how you must pay. You must pay for the Course(s) at the point of ordering before you download them. We accept payment by credit cards and debit cards.

11.5    Newcastle University’s online payment gateways are hosted by our e-commerce provider, WPM Education, and your details will be transferred to WPM Education for the purpose of making your payment.  Customer data will be stored on a secure database by WPM Education on behalf of the University, so that we can access payment records in the event of queries or incomplete payment information.  All payments made online via Newcastle University’s payment gateways are subject to the conditions set out at: http://webstore.ncl.ac.uk/help/terms-and-conditions-for-newcastle-university-online-payment-gateways.  The Privacy Policy for Newcastle University online payment gateways is available at:  http://webstore.ncl.ac.uk/help/privacy-policy-for-newcastle-university-online-payment-gateways

12.  Our responsibility for loss or damage suffered by you

12.1    We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

12.2    We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Courses.

12.3    We are not liable for business losses.  If you use a Course for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

13.  How we may use your personal information

13.1  Newcastle University is the data controller (contact details below) and will collect certain data includingyour title, name and contact information. We need to process this data about you to meet our contract with you for the provision of the course.  We may need to contact you to collect further information from you with regards to your specific order. 

13.2    We will use the personal information you provide to us:

(a)   to fulfil our contract with you, in particular, to provide Courses to you, and to process your payment for a Course; and

(b)   as anonymised data to analyse and evaluate the Course.

13.3    We may also contact you:

(a) to inform you about courses which you may be interested in similar to those you have purchased; or

(b)  to invite you to participate in evaluation of the Course

You may stop receiving these communications at any time by contacting us to let us know.

13.4    We will keep your personal information for seven (7) years after you register for a course, to meet monitoring requirements.

13.5    We may share your personal information with:

(a)       Other companies that are under the same ownership as us;

(b)       Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in relation to a Course; and

(c)       Professional, statutory and regulatory bodies to the extent required by law.

13.6    We will not share your personal information with anyone outside the EEA unless the recipient country ensures an adequate level of protection according to data protection law.

13.7    Security. We employ security measures to protect your personal information from access by unauthorised persons and against unlawful processing, accidental loss, destruction or damage. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

13.8    Third Party Websites. Because we want your experience of our learning platform to be as informative and useful as possible, we may provide a number of links to websites operated by third parties (Third Party Websites). Please be aware that we do not control such Third Party Websites and that such Third Party Websites may send their own cookies to users, or otherwise collect data or solicit personal information. We assume no responsibility for the information gathering practices of Third Party Websites that you are able to access through our learning platform, and we encourage you to review each Third Party Website's privacy policy before disclosing any personally identifiable information.

13.9    If you would like more information about how we manage personal data more generally, including your rights under law, and the contact details of the University’s Data Protection Officer, please see our website www.ncl.ac.uk/data.protection/PrivacyNotice.htm.

14.  Technology

14.1    Essential requirements. You will need the following essentials to participate in one of our online Courses.

(a) Access to a PC or laptop;

(b) Ability to connect to the internet via a broadband connection; 

(c) An email address.

14.2    Your browser. Our learning platform supports all the major modern browsers. However, for optimum performance we recommend that you use the latest version of Chrome. Our learning platform does not support versions of Internet Explorer 9 or below.

14.3    Pop-up blockers and firewalls. Your web browser may have active pop-up blockers to suppress unwanted advertising. Similarly, you may be behind a content-blocking device such as a firewall. It may be necessary to reconfigure or disable these. If you are accessing the learning platform from work or in a public place you may have to contact the system administrator to do this.

14.4    Computer equipment and internet access costs. These are not included in the price of our courses and are your responsibility.

15.  Other important terms

15.1    By purchasing a Course you are not registering as a student of Newcastle University.  All Courses available via our learning platform are non-credit bearing. Completing a Course does not entitle you to receive any Newcastle University accreditation, award or qualification.

15.2    Nothing in these terms and conditions shall give you any right or other licence to use copy or otherwise use or exploit in any way any intellectual property contained in the content of any Course provided to you in accordance with these terms and conditions, unless expressly agreed to by us in writing.

15.3    We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happened and we will ensure that the transfer does not affect your rights under this contract.

15.4    Courses are not transferable.

15.5    You must not make your online passwords or log in details available to any third parties.

15.6    Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.67 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.8    Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide your Course, we can still require you to make the payment at a later date.

15.9    Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of Courses in the English courts. If you live in Scotland you can bring legal proceedings in respect of Courses in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of Courses in either the Northern Irish or the English courts.