Terms and Conditions
“Conditions” means these terms and conditions.
“Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
“Personal Information” means the details provided by you on registration.
“SOT College” means Stoke on Trent College.
“Course” means a course or product displayed for admission or sale on the Website.
“Course Description” means that part of the Website where certain terms and conditions in respect of the individual courses are provided.
“United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands.
“Users” means the users of the Website collectively.
“Website” means the website located at www.stokecollege.ac.uk or any subsequent URL which may replace it.
“We/us” means Stoke on Trent College.
“You” means a user of this Website.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any applications placed by You must be placed strictly in accordance with these Conditions.
You warrant that: The Personal Information which You are required to provide when You register as a Learner is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting our Learner Service department by e-mailing firstname.lastname@example.org or calling us on 01782 208208 between 9am and 4.30pm. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by You or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) or to amend these Conditions with or without notice to You and You confirm that we shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then You must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for You to access at your sole discretion. You acknowledge and agree that, as You have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any advertising, content, courses, goods or other materials or services on or available from such websites or resources or
(iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, courses, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below).
We will keep it secure and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When You apply through this Website, we will ask You to input and will collect Personal Information from You including but not limited to your name, e-mail address, billing address, delivery address, telephone number, course selections, credit card or other payment information and a password.
Payment for the courses is processed by Worldpay and taken once the enrolment is acknowledged.
We may also collect information about where You are on the internet (e.g. the URL You came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit and any search terms that You entered on our website (“User Information”).
We may collect this information even if You do not register with us.
You should be aware that this site is monitored and may capture information about your visit that will help us improve the quality of our service.
You acknowledge that unless otherwise agreed in writing we have an unlimited right to use and disclose and permit the further use of any non-personal data provided by You in connection with your use of the website and such information shall be treated as non-confidential.
We confirm that any Personal Information which You provide to us and any User Information from which we can identify You, is held in accordance with the registration we have with the Data Commissioner’s Office pursuant to the Data Protection Act 1998.
We use your information only for the following purposes:
- Processing your application;
- For statistical or survey purposes to improve this Website and its services to You;
- To administer this website;
- If You consent, to notify You of courses or special offers that may be of interest to You.
You agree that You do not object to us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.
When You application online You will be given the option to receive information from Stoke on Trent College by post, e-mail or telephone, about courses, promotions or special offers which we feel may be of interest to You.
In the event that You do not wish to be contacted for such purposes, ensure that You tick the appropriate box as You go through the applying process.
You may unsubscribe from our contact list at any time by replying to a promotional e-mail with the word “unsubscribe” in the subject line, by e-mailing the Learner Service department at email@example.com, or calling us on 01782 208208 between 9am and 4.30pm (Monday to Friday, excluding public holidays).
Your Personal Information may be disclosed to other businesses within the Stoke on Trent College Group and to reputable third parties who will help process your application.
Stoke on Trent College requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
We will not release your Personal Information to any company outside of the Stoke on Trent College Group for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
Please refer to our separate Privacy statement if You require further details on accessing your Personal Information or have any questions regarding our practices.
Applications of courses
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your application and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or applying from the Website.
You will be guided through the application process by a series of simple instructions on the Website. We will send to You an acknowledgement email detailing the Courses you have applied for. This is not an application confirmation or application acceptance from Stoke on Trent College. Once we have received your application we will either fulfil the application by delivery, in most cases within 7 working days, or contact You regarding any discrepancies. application acceptance and the completion of the contract between You and us will take place on the despatch to You of the courses applicationed unless we have notified You that we do not accept your application, or You have cancelled it in accordance with the instructions in the Contract cancellation and Returns procedure sections below. For the avoidance of doubt, any such contract will be deemed to have been concluded in the United Kingdom.
Non-acceptance of an application may be a result of one of the following:
- The course You applicationed being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or course description error.
The contract will be concluded in English.
Description of courses
Stoke on Trent college provides work based, vocational and other courses.
We will take all reasonable care to ensure that all details, descriptions and prices of courses appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including course Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment You make an application.
We cannot confirm the price of a course until your application is accepted. If we discover a discrepancy in the price of the courses that You have applicationed we will inform You as soon as possible and give You the option of re-confirming your application at the correct price or cancelling it. If You decide to cancel the application and have already paid for the goods, You will receive a refund in full.
Whilst we try to ensure that each course has the correct availability, we do not guarantee that when You apply a place will be reserved for you. In the unlikely event of You applying for a course that is discontinued we will contact You with all the options for your application.
Stoke on Trent College uses the services of a payment provider for on-line purchases. Our UK partner is WorldPay. WorldPay are solely responsible for all payment/credit issues. All correspondence should be directed to WorldPay. Visit www.worldpay.com for details. WorldPay use a secure server. The WorldPay payment system uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data. Furthermore, WorldPay’s public web servers are certified by Thawte, a public Certificate Authority, ensuring that You can have confidence that nobody can impersonate WorldPay to obtain confidential information. Any communication between You and WorldPay is also encrypted to the maximum strength supported by your browser using 128 Bit SSL. Data storage on WorldPay systems, and the communication between WorldPay and the worldwide banking networks, is regularly audited by the banking authorities to ensure a secure transaction environment.
Discounts and promotional discount codes offered by Stoke on Trent College are valid only for use as part of a purchase made via the Website, unless otherwise stated.
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases, made through this website.
The conditions of use relating to any discount code will be specified at time of issue and the terms and conditions of that promotional discount code will be made available at the point the code is entered at checkout.
In accordance with the United Kingdom’s Distance Selling Regulations, You are entitled to cancel this contract if You so wish within seven working days, commencing on the day following confirmation of enrolment on the course. If You wish to exercise your right to cancel this contract after your course has commenced please follow the procedure set out in our Withdrawal procedure below. If you notify us of your cancellation more than 4 weeks before the course is due to commence then a full refund (less any administration fee paid and a cancellation charge of £10) will be issued.
Please note that your right to cancel does not apply to any courses which have been personalised to your specification.
To withdraw from a course:
If you wish to withdraw from a course after its commencement you should inform your course leader and contact the learner services department and we will seek to provide an alternative. Refunds or partial refunds of course fees are at the discretion of the College. Learners may apply to the Executive Director of Finance for consideration of a refund. Refunds are not normally given for short courses. Where approved, refunds would not normally exceed in the first term 50%, in the second term 25%, in the third term nil. This policy does not affect your statutory rights.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks, logos and service marks (where applicable) and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that You may (if necessary to make an application) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, permanently store, reproduce, transmit, retransmit, publish, display, distribute, modify, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Stoke on Trent College shall have no liability for:
- any discrepancy which results from any inaccurate or incomplete information, or details or materials supplied by or on behalf of You; or
- any courses in cases where the Learner has defaulted in making payment of the price therefor or is otherwise in breach of any of its obligations hereunder.
Except as expressly provided in these conditions or as otherwise specified or agreed in writing by us, Stoke on Trent College makes no warranty or representations as to and accepts no liability, express or implied, for any course or its quality or suitability for any particular purpose or use under specific conditions (whether or not known to Stoke on Trent College) and it is your sole responsibility to ensure that the course will meet with your requirements.
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website and its contents are provided on an “as is” and “as available” basis and we make no, and expressly disclaim, all representations, endorsements or warranties of any kind whether express or implied, in relation to the Website, or the information, content, materials or courses included in it or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We do not represent or warrant that any advice, opinion or information, accessible or transmitted to You via our Website or email communications is accurate, complete, current, error free or free from viruses.
We accept no liability for any unauthorised access to, or any alteration, theft or destruction of information or data.
Extent of liability
Except to the extent stated in these conditions or otherwise agreed in writing by Stoke on Trent College: – neither Stoke on Trent College nor any of its agents, contractors, subcontractors, or distributors, nor any of its or their directors, officers, partners or employees shall have any obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with the use of the Website or any contract for the sale of any goods other than, in the case of any of the foregoing persons, for death or personal injury resulting from its or his negligence or for fraud on its part or on the part of any of its directors, officers or employees whilst acting in the course of their duties or employment; and – in particular, neither Stoke on Trent College nor any of the other foregoing persons shall have any liability whether in contract, tort or otherwise for any consequential loss or damage suffered, directly or indirectly, by You or any third party arising from the use of the Website or under or in connection with any contract for the sale of any goods, including but not limited to wasted time or expenditure, loss of profits, courseion, business revenue, expected savings or goodwill or any claim against You by any person.
Subject to those liabilities specified above relating to death or personal injury caused by negligence, Stoke on Trent College’s liability under or in connection with any contract for the sale of any goods or services shall in no circumstances exceed their invoice value.
Except for death or personal injury caused by negligence on the part of Stoke on Trent College, Stoke on Trent College shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the Learner became aware (or should reasonably have become aware) of the facts giving rise to such liability.
Nothing in these conditions shall affect the statutory rights of a Learner who is a consumer as defined in Section 2(1) of the Consumer Protection from Unfair Trading Regulations 2008.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with You. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.
Third Party Rights
These Conditions do not confirm any right enforceable by any third party under or in connection with the use of the Website or any contract for the sale of any goods made through the Website.
Learner Services Department. Stoke on Trent College, Cauldon Campus, Stoke Road, Shelton, Stoke on Trent. ST4 2DG