TSA Group is a partner of HAE Training ("HAE") whose registered office is Donington Court, Pegasus Business Park, Herald Way, Derby, DE74 2UZ, United Kingdom and by accepting an Online Course on this Website you will be contracting with HAE and agree these Terms and Conditions with HAE.
These Terms and Conditions in addition to the Website Terms of Use apply to the sale of any Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course and print off a copy for your records.
HAE will not file or otherwise keep a copy of the agreement concluded between you and HAE and a copy of the concluded agreement will not be available from HAE at a future time and date. By ordering an Online Course, you are confirming your agreement to be bound by these Terms and Conditions.
2.1 Ordering via the Website
2.1.1 In order to purchase an Online Course via the Website you must register for an online account via the Website. If you already have an online account, you can log onto your account using the user name and password that you were provided with when you registered.
2.1.2 When purchasing an Online Course via the Website, you can change your order at any time up to the point at which you click the "Pay Now" button by using the "Edit" option to amend the details submitted and/or by using the "Remove" option to remove an item from your basket.
2.2 When you place an order for an Online Course you are offering to purchase that Online Course on these Terms. HAE reserves the right to decline or cancel your order, or any part of your order.
2.3 Following receipt by HAE of your order for an Online Course via the Website you will receive an automated email confirming that your order has been received by HAE. Your order will be subject to acceptance by HAE of your offer to purchase in accordance with Clause 2.4 below.
2.4 A legally binding agreement shall not come into existence until HAE has accepted your offer to purchase an Online Course by:
(i) sending you a separate order acceptance confirmation email, which will be effective upon sending an email to the email address that you have provided, and
(ii) receiving payment for the Online Course in cleared funds from yourself or if applicable your employer in accordance with Clause 3.5 below.
2.5 Except where Online Courses are sold together by HAE in one bundle for a single price, where your order consists of multiple Online Courses, each individual Online Course will be treated by HAE as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by HAE of your offer to purchase any other Online Courses which make up your order.
2.6 HAE reserves the right to withdraw at any time Online Courses advertised for sale on the Website.
3.1 The Fee for any Online Course at any given time will be displayed on the Website. Fees are quoted in pounds sterling, inclusive of VAT.
3.2 If you purchase an Online Course on the Website:
3.2.1 the Fee including VAT will be shown prior to completion of the online transaction; and
3.2.2 HAE will debit the Fee from your credit card or debit card on or after the day you make an order for an Online Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in cleared funds by HAE and will be subject to acceptance of your offer to purchase by HAE in accordance with Clause 2.4. We do not make any charges for payments by credit or debit card.
3.3 In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website is incorrect, HAE will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website, HAE will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Fee.
3.4 Pursuant to Clause 3.3 if you decide you want to cancel your order HAE will give you a full refund in respect of any amount you have already paid in accordance with Clause 3. If the correct Fee is lower, HAE will refund you the difference only between the amount which you have paid and the correct Fee payable.
3.5 The provision of the Course is contingent upon HAE having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Fee for the relevant Online Course. Without prejudice to HAE's rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Online Course is booked), HAE reserves the right, forthwith and at HAE's sole discretion, to suspend the provision to you and refuse you entry to the relevant Online Course.
4. Cancellation Rights
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Consumer Contracts Regulations") you may cancel your purchase of the Online Course within a period of 14 calendar days ("Cancellation Period") from the date on which the contract is concluded subject to Clause 4.4.
4.2 You must inform HAE of your decision to cancel by using one of the following methods within the Cancellation Period:
4.2.1 Emailing admin@tsagp.com; or
4.2.2 Calling us on +44 (0)20 8831 0724; or
4.3 On cancellation you will be entitled to a full refund of the Fees.
4.4 Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing HAE of the cancellation.
4.5 As the contract is for digital content including an Online Course your right to cancel and obtain any refund will be lost if you have given HAE express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.
4.6 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens' Advice Bureau or visit the Competition and Markets Authority website.
4.7 Your order of an Online Course is personal to you and you will not be permitted to transfer your enrolment on an Online Course to any other student.
4.8 HAE reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4 and Clause 5 and to charge an additional fee in any such event to cover the administration costs incurred by HAE. Any such additional fees will be communicated to you before you make your decision.
5.1 Cancellation Policy for Synchronous Online Courses
5.1.1 In addition to your rights under the Consumer Contracts Regulations, subject to clauses 4.1 HAE also offers the following refund policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise).
5.1.2 You may cancel your order of a Synchronous Online Course up to 14 days prior to the relevant Synchronous Online Courses start date. You will receive a full refund of your Fees less a £75 charge to cover administration costs plus VAT where applicable. Where the cost of the Synchronous Online Courses is less than ££75, no refund will be payable by HAE and no additional administration costs in excess of the Fees will be due to you from HAE.
5.2 Except as set out in Clauses 4 and 5, no cancellations and/or deferrals will be permitted for an Online Course.
5.3 You must cancel your place on an Online Course pursuant to Clause 5 by using one of the following methods:
5.3.1 Emailing admin@tsagp.com;
5.3.2 Calling on +44 (0)20 8831 0724; or
7.1 Please see the description of the Online Course on the Website for details of the contents of the available Online Courses.
7.2 In relation to Online Courses the following points apply:
7.2.1 Upon receipt of a confirmation email from HAE you will be notified when you have access to the Online Course purchased, unless any such Online Course is removed.
7.2.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
10.1 From time to time, HAE may make modifications, enhancements or issue clarifications (for example, to clarify ambiguous regulatory drafting) to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
11.1 Certain Online Courses will periodically be superseded by new legislation or the issue of new regulations from time to time. Following the enactment of new legislation or the issue of new regulations, HAE may produce Online Courses covering the new material. If new legislation or regulations supersedes existing Online Courses, these may be available for purchase as new Online Courses.
11.2 For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
12.1 HAE will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.
12.2 If you report a fault to HAE, HAE will use reasonable endeavours to provide a solution but HAE does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from HAE then HAE will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
12.3 HAE will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. HAE reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
12.4 You also accept and acknowledge that HAE cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
12.5.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
12.5.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
12.5.3 failures of telecommunications links and equipment; or
12.5.4 updated browser issues.
14.1 HAE does not make any commitment that the Online Course will be compatible with or operate with your software or hardware.
14.2 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
15.1 The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
15.2 Except as set out in these Terms, HAE shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
15.2.1 indirect or consequential losses;
15.2.2 loss of income or revenue;
15.2.3 loss of business;
15.2.4 loss of anticipated savings; or
15.2.5 loss or corruption of data.
15.3 HAE is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) during completion of any Online Course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course, and (ii) all data that you are inputting when completing the Online Course.
15.4 Save as otherwise set out in this section "Limitation of liability", HAE's maximum aggregate liability to you for any claims that you may have against HAE for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
15.5 HAE will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond HAE's reasonable control. This condition does not affect your statutory rights.
15.6 Each provision in this Clause 15 shall be construed separately as between you and HAE. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
17.1 At all times, HAE remains the owner of the intellectual property in the Online Courses content.
17.2 In consideration of receipt by HAE of the Fee, HAE grants to you a non-exclusive, non-transferable licence to use the content for the sole purpose of studying and completing the Online Course.
17.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Online Course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Course content or create derivative works based on the whole of or any part, or which incorporate, the Online Course content into any software program.
18.1 HAE will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy. You consent to the use by HAE of such information in accordance with these Terms and HAE's Privacy Policy. HAE will use such information including but not limited to:
18.1.1 perform its obligations and enforce its rights under these Terms;
18.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
18.1.3 inform you of feedback and examination results (if applicable);
18.1.5 HAE may share your information with its agents and service providers for these purposes; and
18.1.6 as set out in further detail in HAE's Privacy Policy.
18.2 Unless you contact us to request otherwise, you agree that HAE may share the information you provide with other members of the HAE group of companies, who may contact you by email, telephone or post to inform you about other products or services which may be of interest to you. Some members of the HAE group of companies are located outside the European Economic Area in countries providing a lower standard of data protection.
18.3 You have the right to receive details of the personal information held by HAE. A fee of £10 will be payable. For more information, please refer to HAE's Privacy Policy.
18.4 In the event that you do not wish to receive marketing correspondence from HAE or any member of the HAE group of companies, a written request or email should be sent to the contact details set out at the end of these Terms.
18.5 On occasion we may conduct online surveys. This is used to gauge our service, collect demographic information and other information that we may find useful. We may share non-personal, aggregated information with third parties. You agree to HAE using your information in this manner.
19.1 HAE may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
19.2 These Terms and Conditions and the Website Terms of Use constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions.
19.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
19.4 HAE may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
19.5 No relaxation or delay by HAE in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by HAE in writing.
19.6 If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
19.7 Any notices required to be served on you by HAE under these Terms and Conditions will be deemed properly served if sent via email address, notified by you to you, at HAE's discretion.
19.8 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
19.9 The agreement between you and HAE will be concluded in English only.
19.10 The agreement between you and HAE which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
19.11 These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
