Last updated: 23 July 2015
Important Notice
Please read these terms and conditions carefully. They apply to you if you use the Learner Areas and vision2learn Learning Programmes available via our websites at:
If you do not agree with these Terms and Conditions, do not use these Learner Areas and Learning Programmes.
| General information about us | |
|---|---|
| Our name: | We are Capita Learning Limited. We operate our Websites in conjunction with our subsidiary company vision2learn Limited. |
| Our geographic address: | 65 Gresham Street, London, England, EC2V 7NQ, UK |
| Our contact details: | See the Contact us link on our Websites. |
| Our VAT no: | 618 1841 40 |
| Registers: | Capita Learning Limited is a company registered in England and Wales with company number 04968329 with its registered office situated at 65 Gresham Street, London, England, EC2V 7NQ, UK. Vision2learn Limited is a company registered in England and Wales whose registered office at Ground Floor, Quadrant West, 4 Sliver Fox Way, Cobalt Park, Newcastle Upon Tyne, NE27 0JQ, UK. |
| Accreditation: | vision2learn Courses are accredited by national awarding bodies: NCFE, Lifetime Awarding, OCR, Highfield ABC and City & Guilds. |
Part A
Sign up for an account
When entering your account information please ensure that it is accurate as this may affect your eligibility for free Courses.
Courses funded through the Education & Skills Funding Agency, delivered by a partner Education Provider
vision2learn Courses funded by the Education & Skills Funding Agency are delivered and supported by a network of Education Providers (such as further education colleges or training companies) through our Websites.
Enrol
- Select the Course you wish to study. Click on ‘Enrol Now’. We will then check to see if there is an Education Provider in your area supporting your selected Course.
- We will carry out preliminary checks to assess your suitability for the Course and your eligibility for Government funding. We use this information for our own monitoring purposes and we may share it with your Education Provider.
- If we are able to do so we will allocate you to an Education Provider and will send you a Course enrolment form on their behalf.
- You may also register to use a vision2learn Course via one of our Education Providers. The Education Provider may ask you to complete a Course enrolment form.
Please note:
When registering on certain vision2learn Courses, you may need to provide your current employment details. You should ensure that the information you provide is accurate and correct. In certain circumstances, your tutor or assessor may need to make contact with your employer during your Course.
Complete your enrolment
- On receipt of your completed Course enrolment form, the Education Provider will verify your details and assess your suitability for the Course and your eligibility for funding.
- If you meet the necessary criteria, and subject to availability, you may be Enrolled on the Course with the Education Provider.
Please note:
It may not be possible to Enrol you on a Course in certain circumstances, for example if there are no Education Providers in your area, if you are not eligible for funding or if there is no funding available.
Wait for your username and password
- Once we have received confirmation from the Education Provider that you have been Enrolled on the Course, we will contact you to confirm arrangements for your Course and to issue you with a username and password. Please be aware that once you receive your username and password you will enter into a binding legal contract.
Access the Course
- Upon receipt of your username and password you may access and use the Learner Areas and Learning Programmes in accordance with the Terms and Conditions set out in Part B.
Self-Funded Courses delivered through Capita Learning Limited
vision2learn Courses funded by the learner are delivered and supported by Capita Learning Limited and delivered through our Websites.
Placing an order
- You can register to use a vision2learn Course online by visiting our online shop. We will send you an email acknowledging your order, which will confirm the order details and instructions on how to access the purchased Course.
- A binding contract will only come into force between us once we have sent this acknowledgement email.
Please note:
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.
Wait for your username and password
- Once you have been Enrolled on the Course, we will contact you to confirm arrangements for your Course and to issue you with a username and password.
Access the Course
- Upon receipt of your username and password you may access and use the Learner Areas and Learning Programmes in accordance with the Terms and Conditions set out in Part B.
Part B
Our Contract
The Contract between us will consist of (1) these Terms and Conditions, (2) confirmation of your Enrolment and (3) our communication informing you of your username and password. Any legal notices or terms appearing on our Websites, including our Terms of use and Privacy policy, will also form part of the Contract between us. We will not retain copies of the concluded Contract between us and you should therefore (where appropriate) retain each element of the Contract. We can only conclude a Contract with you in English and not in any other language.
1. Definitions
In these Terms and Conditions (Parts A and B) the following words shall have the following meanings:
| Definition | Meaning |
|---|---|
| Accessed | means that you have completed the Induction section of the vision2learn Course. |
| Contract | means the contract between us to enable you to access the Learner Areas and Learning Programmes as set out in Part A. |
| Course(s) | means the vision2learn Course on which you have been Enrolled. A list of all vision2learn Courses currently available can be found on our Websites. We may add to and remove Courses from this list from time to time. |
| Learning Programme(s) | means the learning materials required by you to complete the Course, available in electronic format via the Learner Areas. |
| Education Provider(s) | means third parties (for example further education colleges or training companies) selected by us to deliver the vision2learn Courses via the Learner Areas; or, in the case of Self-Funded Courses, Capita Learning Limited in accordance with clause 4. |
| Enrolment | means your enrolment on the Course and the terms ‘Enrol’ and ‘Enrolled’ shall be construed accordingly. |
| Learner Area(s) | means the password secured areas of our Websites that are available to you following Enrolment and through which the Learning Programmes are delivered. |
| Terms and Conditions | means these standard terms and conditions. |
| Self-Funded | means that the Course is paid for by the learner at the time of enrolment. |
| Website(s) | Means one or more of our websites currently at: |
2. Your Licence to use the Learner Areas and Learning Programmes
2.1. On Enrolment, we grant you a non-exclusive, non-transferable licence to use the Learner Areas and the Learning Programmes, subject to these Terms and Conditions.
2.2. You are permitted to access and use the Learner Areas and Learning Programmes for the purpose of your own private study towards successful completion of the Course. You may make hard copies of the Learning Programmes for this purpose, provided that you do not allow any other person to use them.
2.3. All other use or copying of the Learner Areas or Learning Programmes other than as expressly permitted under the terms of this Contract or permitted by law, is prohibited.
3. Delivery of Courses funded through the Education & Skills Funding Agency, delivered by a partner Education Provider
3.1. We agree to assist with your Enrolment on the Course, as set out in Part A and to provide you with access to the Learner Areas and Learning Programmes in accordance with these Terms and Conditions.
3.2. Save as set out in Clause 4.1, you acknowledge that delivery of the Course shall be the responsibility of the Education Provider. In particular (but without limitation) you agree that the Education Provider shall be responsible to you for the provision of all tutorial, assessment and administrative support, for arranging for registration with and certification from an Awarding Organisation in connection with your Course and for all other support, advice and guidance in connection with your studies.
3.3. Our Education Providers may require you to enter into a separate agreement with them. We accept no responsibility for the terms imposed by our Education Providers.
4. Self-Funded Courses delivered through Capita Learning Limited
4.1. We agree to assist with your Enrolment on the Course, as set out in Part A and to provide you with access to the Learner Areas and Learning Programmes in accordance with these Terms and Conditions.
4.2. The delivery of the Course shall be the responsibility of Capita Learning Limited. In particular (but without limitation) Capita Learning Limited shall be responsible to you for the provision of all tutorial, assessment and administrative support, for arranging for registration with and certification from an awarding body in connection with your Course, and for all other support, advice and guidance in connection with your studies.
5. Payment for Courses funded through the Education & Skills Funding Agency, delivered by a partner Education Provider
5.1. Subject to Clause 5.2, we currently make no charge for the use of the Learner Areas and Learning Programmes by learners who are eligible for Education & Skills Funding Agency funding and have Enrolled with an Education Provider.
5.2. If you do not complete your Course but nevertheless wish to have registered and certified with the awarding body those units that you have completed you may be required to pay the awarding body registration and certification costs.
5.3. If you do not complete your Course your Education Provider may charge you a penalty fee. In this case your Education Provider should notify you of this fact and the amount of the fee before you Enrol.
6. Payment of Self-Funded Courses delivered through Capita Learning Limited
6.1. The Course prices are displayed on our Website at the time you place your order. Unless stated otherwise, all prices displayed on our Website are exclusive of value added tax. All prices are subject to change without prior notice. Our website contains a large number of Courses and it is possible that, despite our best efforts, some of the Courses listed on our website may be incorrectly priced. We will not be obliged to supply the Courses at the incorrect price, even if we have accepted your order.
6.2. We must receive payment in full for all of the Courses you order before your order can be processed. Payment for the Services will be taken through our third party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.
6.3. You may cancel any order for a Course and receive a refund in respect of such at any time before the Course (or part thereof) is accessed. You will not be able to cancel an order for any part of a Course once it has been accessed. If you do not access your purchased Course during the Twenty Eight (28) calendar days following the date we issue you with a username and password, we reserve the right to cancel the order and withdraw your access to the Course. You will not receive a refund if the order is cancelled as described in this paragraph.
7. Security of Usernames and Passwords
7.1. You must not tell any other person your username and password or permit any other person to use your username and password to access the Learner Areas or Learning Programmes or access the Learner Areas or Learning Programmes on any other person’s behalf.
7.2. You are responsible for maintaining the security of your username and password. You must not leave your computer unattended whilst logged on to the Learner Areas or using the Learning Programmes. You must not write down or record your username and password in a way that would allow another person to use them.
7.3. You will be held responsible for any unauthorised use that is made of the Learner Areas or the Learning Programmes under your username or password.
7.4. If you believe that another person has discovered your username and password, or that any unauthorised use has been made of your username and password, you must notify us immediately.
7.5. We reserve the right to suspend the use of your username and password without notice if we believe that an unauthorised person may have access to them.
8. Ownership of Material
8.1. You acknowledge that all copyright and other intellectual property rights in the Websites, Learner Areas and the Learning Programmes are and shall remain our property or the property of our licensors, and that you shall not by virtue of these Terms and Conditions obtain or claim any right, title or interest in or to such copyright or intellectual property rights except the limited rights of use granted under Clause 2. All rights not expressly granted under these Terms and Conditions are reserved.
8.2. You grant us a non-exclusive royalty-free definitive licence to use any material you submit via our Websites or the Learner Areas, for any lawful purpose in connection with the design, development, delivery, quality inspection and audit of the Course. You agree that any material you submit for the Course will be entirely your own work, and that we are entitled to remove any material which we consider is not your own work and report the removal to your Education Provider.
8.3. If you submit data for display on the Website you are responsible for ensuring that no material or data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
8.4. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
8.5. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of the terms of this condition 8.
9. Term and Termination
9.1. This Contract shall commence at the time of your Enrolment and (unless terminated by us earlier under Clause 9.2) shall expire:
9.1.1. 90 days after you have successfully completed the Course;
9.1.2. 12 months after your Enrolment if you have not completed the Course within that time, unless the Education Provider has made arrangements for it to continue; or
9.1.3. at the time that the Education Provider withdraws you from the Course in accordance with any agreement you enter into with them.whichever happens first.
9.2. We may terminate this Contract immediately by notice in writing to you if:
9.2.1. You breach any term set out in these Terms and Conditions; or
9.2.2. You breach the terms of any legal terms or notices displayed on our Websites, the Learner Areas or the Learning Programmes including (without limitation) our Terms of use and Privacy policy.
9.3. On cancellation or expiry of this Contract, all rights and licences to use the Learner Areas and the Learning Programmes granted to you under this Contract shall automatically cease and you will no longer be able to access the Learner Areas or Learning Programmes.
10. Limitations of Service
10.1. We have endeavoured to ensure that all Learning Programmes and information we make available via our Websites and the Learner Areas are correct, relevant, not misleading and secure. However, it is possible that the information and materials are out of date, incomplete, inaccurate or have been tampered with by third parties and we give no warranty as to their integrity, completeness or accuracy.
10.2. We take reasonable steps to ensure that our Websites, the Learner Areas and Learning Programmes are available and accessible to permitted users. We do not warrant that our Websites, the Learner Areas or Learning Programmes will be continuously available, or that your use of our Websites, the Learner Areas or Learning Programmes will be uninterrupted or error free or that the Websites or servers will be free from attack.
10.3. We cannot guarantee that our Websites, the Learner Areas or Learning Programmes will be compatible with your computer hardware or software. Please see the system requirements page on our Websites for further information.
10.4. We cannot accept responsibility for the loss of any data which you create or store on our Websites or in the Learner Areas. We suggest that you back-up, print out and store all documents that you create.
10.5. While we do use some antivirus software to scan files that are uploaded to or downloaded from our Websites, we cannot guarantee that this software will be able to detect all known viruses and variants. There is a risk involved whenever you download attachments to your computer and we cannot be held responsible for any damage caused by your decision to do so.
11. Complaints
11.1. We are committed to providing the highest quality standards in delivering the services to our users. We aim to provide efficient and effective service and take a serious view of any problems that do arise. We aim to ensure that any complaints our users identify are dealt with quickly.
11.2. If you have a complaint we will use reasonable endeavours to remedy any problem or defect in the Learner Areas or Learning Programmes.
11.3. The remedies listed in Clause 11.2 set out our entire responsibility and liability to you under this Contract or in connection with the provision of the Learner Areas and Learning Programmes, and to the extent the law permits us to do so we exclude all other liabilities and responsibilities that we may have to you.
11.4. Nothing in these Terms and Conditions shall limit or exclude any statutory rights you have as a consumer or other statutory rights that may not be excluded by law, nor in any way limit or exclude our liability to you for death or personal injury resulting from our negligence or for fraudulent misrepresentation.
11.5. In the case of Courses funded through the Education & Skills Funding Agency, delivered by a partner Education Provider, as soon as your Enrolment has been accepted by the Education Provider all responsibility for all aspects of your Course and its delivery rests with your Education Provider. Any complaint that you may have from this point on must be raised with your Education Provider according to the terms of their particular complaints procedure.
11.6. We take equal opportunities for all our learners very seriously. If at any time during your studies you feel that you are being discriminated against on grounds of age, disability, race, sex, religion or cultural beliefs, gender reassignment, marital status and civil partnership, sexual orientation or pregnancy and maternity, please inform us immediately. Our Complaints Policy Statement is also found in the "Resources" section. If you have any complaints please let us know.
We welcome comments and suggestions and promise to respond to them and review them to help us improve our service. The address for complaints is: Complaints, Ground Floor, Quadrant West, 4 Silver Fox Way, Cobalt Park, Newcastle upon Tyne, NE27 0QJ or complaints@vision2learn.com
12. General
12.1 We reserve the right to amend these Terms and Conditions from time to time. You must read these Terms and Conditions each time you register to use a Course.
12.2 We shall not be responsible for any breach of our obligations under these Terms and Conditions resulting from cause beyond our reasonable control including, but not limited, to the acts or omissions of third parties (including without limitation our Education Providers), changes in Government policy, acts of God, earthquakes, inclement weather, flood, drought, lightning or fire, explosion, strikes, industrial action, war, military operations, terrorist attack or threat of terrorist attack, a denial of service attack on the Websites or Learner Areas, insurrection or riots, embargoes, shortages or regulations of any civil or military authority.
12.3 These Terms and Conditions and any other documents expressly incorporated into our Contract by reference herein constitute the entire agreement and understanding between us and supersede any previous agreement or understanding between us relating to the subject matter of this Contract.
12.4 You agree that in entering into this Contract you do not rely on any statement or representation, warranty or understanding (whether negligently or innocently made) of any person other than as expressly set out in our Contract.
12.5 If any term set out in these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the validity of the other terms set out in these Terms and Conditions and the remainder of the term in question shall not be affected.
12.6 This Contract is personal to you and you may not assign your rights and obligations under this Contract without our prior written consent. We shall be free to assign our rights and obligations set out in this Contract.
12.7 No variation to this Contract shall be binding unless and until it is expressed in writing and signed by both parties.
12.8 Nothing in this Contract is intended to create a partnership or legal relationship of any kind that would impose liability on one party for the act or failure to act of the other party, or to authorise either party to act as agent for the other party. Neither party shall make representations, act in the name of, on behalf of or otherwise bind the other party.
12.9 A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
12.10 This Contract shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.