TERMS AND CONDITIONS
These terms and conditions govern the way in which we
supply products to you, including any eLearning courses.
Please read these terms carefully before you submit your
order to us. These terms tell you who we are, how we will provide products to
you, how you and we may change or end the contract, what to do if there is a
problem and other important information. All rights not expressly granted in
these terms are hereby reserved.
You agree to review this agreement periodically to ensure
that you are aware of any amendments to this agreement, which may be made at
any time.
INFORMATION
ABOUT US AND HOW TO CONTACT US
We are Westford
Education Group Ltd, trading as AGE (Athena Global Education), a company
registered in England and Wales with company number 09919987 and registered
office at 225B Island Business Centre,18-36 Wellington Street, Woolwich, London
SE18 6PF, UK. You can contact us on info@athena.edu
1. GRANT OF
LICENCE
In consideration of your payment, we hereby grant you a license
to use the purchased eLearning courses (“the Products”). This license is
limited, revocable, non-exclusive, non-sublicensable and non-transferable, and
is subject to the rights and obligations granted under these Terms.
This license is personal to you and cannot be shared or
exchanged with others.
2. GENERAL
We develop, distribute and maintain the Products and will
also provide you with log in details. We will also manage your access to the
Products and provide support to you, where necessary.
You shall not copy, modify, transmit, distribute or in
any way exploit the Products or any other copyrighted materials provided other
than for your individual training. Any other purpose is expressly prohibited
under these terms. You shall also not permit anyone else to copy, use, modify,
transmit, distribute or in any way exploit the Products or any other
copyrighted materials.
We provide the materials ‘as is’ and without any
warranties, whether express or implied, except those that cannot be excluded
under statute. We also do not warrant that the materials will be error free,
including technical inaccuracies.
The certification of the purchased course will be subject
to the terms and conditions of the respective awarding body and universities,
which may subject to changes.
Athena responsibility to provide all necessary learning
material for the courses enrolled which Athena feel adequate to meet the
learning outcomes, however we don’t guarantee you with any certification or
awards which is responsibility of the student to satisfy the learning
requirement of the respective awarding bodies and universities.
Athena do not discriminate on admission in any manner,
each course has its stipulated eligibility criteria and its
your responsibility to ensure you meet the eligibility requirement prior
enrolling to the course and make payments.
The admission to the course provided based on the
information and documents provided by you, if it is found illegitimate, or contrary to the
facts, the admission may be cancelled and Athena will not be responsible for
any damage or refund due to such incidents
The universities and awarding body will reserve the
rights for the admission to their respective course, which will be final
3. ACCESS
TO MATERIALS
The starting date of your access to the Products is
deemed to be the date that you first have access. We will attempt to contact
you where your access period has ended. Where this is the case, we cannot
guarantee that certification or completion (as appropriate) will be possible.
As such, it is your responsibility to ensure that you complete the content
within the allocated time period. If you do not think this will be possible,
then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide
you with uninterrupted access to the Products. However, your access may be
restricted from time to time for reasons beyond our control. Such reasons
include force majeure events, power outages and actions from computer hackers
and others acting outside the law. Your access may also be interrupted due to
software issues, server downtime, increased Internet traffic, programming
errors, regular maintenance and other related reasons. Where this is the case,
we will take commercially reasonable steps to restore your full access within a
reasonable period of time. ‘Commercially reasonable’ in these terms shall mean
reasonable efforts taken in good faith, without an unduly burdensome use or
expenditure of time, resources, personnel or money.
Our joint aim is to provide courses and materials of the
highest quality. As such, improvements or changes to the Products or any other
materials may occur at any time without prior notification in order to ensure
that they are up to date and accurate.
Where your access to the Products is restricted for any
of the above reasons, we may provide you with a free extension of time at our
sole discretion.
4. PRICING AND PAYMENT
We use third party payment providers, depending on the
way in which you make payments. Payment for the Products must be made at the
point of purchase.
You agree to provide payment for the Products in the
stipulated currency and you will be liable to pay any relevant conversion charges,
as well as applicable sales tax in your region. Please note that we must
receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for a
limited period of time that is appropriate for the eLearning content. We are
unable to provide a refund if you fail to complete the content within the
allocated time, except at our absolute and sole discretion.
We reserve our right to review and change the pricing of
any of our products. This will not affect products that have already been
purchased.
5. CANCELLATION AND RESTRICTION POLICY
Where Products are delivered to you immediately, you will
not have the right to change your mind. In other cases, you may change your
mind within fourteen (14) days of purchase, so long as materials have not been
provided to you, downloaded, streamed or otherwise accessed. If you do wish to
cancel, please contact us via email.
It is your responsibility to ensure that you meet the
system requirements, including compatible hardware, software,
telecommunications equipment and Internet service, prior to purchasing any
content. We are unable to provide refunds where your access to the Products is
inhibited due to insufficient system requirements.
We may restrict your access to the Products if you breach
these terms, including without limitation:
a) A failure to make any payment due to us; or
b) Failure to provide accurate information that is
necessary for us to provide the Products to you.
In these circumstances, we will inform you in writing
with seven (7) days’ notice that your access to the Products will be
restricted.
6. YOUR
RIGHTS
This is a summary of your key legal rights. For more
detailed information, you can visit www.adviceguide.org.uk or call 03454 04 05
06, or if based outside the United Kingdom, we recommend you review your local
statutory rights.
Under the laws of the United Kingdom, the Products must
be as described, fit for purpose and of a satisfactory quality. If the Products
are faulty, then you are entitled to ask for a repair or a replacement and if
the fault cannot be fixed, or it has not been fixed within a reasonable time
and without significant inconvenience, then you can get some or all of your
money refunded.
If you can show that the fault has damaged your device
and that we have not used reasonable care and skill, then you may be entitled
to compensation.
7. ASSESSMENT CHARGES
Where you have paid Assessment Charges in addition to the
Products, it will not guarantee you a pass grade, which is subject meeting the
learning outcomes of prescribed course/module. If you fail to meet the pass
requirement, you may be given second chance to resubmit, if you fail again you
may have to pay the redo charges as applicable
8. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property
rights relating to the Products including copyright, patents, trademarks, trade
secrets, improvements, developments, proprietary information, know-how,
processes, methods, business plans or models (including computer software and
preparatory and design materials thereof) and all other intellectual property
(whether registered or not) developed or created from time to time shall
exclusively be owned by Athena Global Education. While you may utilise the intellectual property, you understand that
there shall be no transfer of ownership of the same.
Nothing that you see or read in the Products may be
copied, reproduced, modified, distributed, transmitted, republished, displayed
or performed for commercial use.
All other trademarks, service marks and trade names in
this material are the marks of the respective owners and any unauthorized use
is prohibited.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
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. Loss or damage is
foreseeable if it is either obvious that it will happen or if we are both aware
it might happen, such as where you have discussed the possibility with us
during the sales process.
We are not liable to you in any way for any indirect,
special, incidental, punitive or consequential damages of any character,
including without limitation damages for loss of goodwill, work stoppage,
computer failure or malfunction, loss of data, loss of productivity or contract
or any and all other commercial damages or losses.
We do not exclude or limit our liability to you in any
case 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; for breach
of your legal rights in relation to the products (summarised
above at 6).
If the Products damage your device or digital content
belonging to you and this is caused by our failure to use reasonable care and
skill, we will either repair the damage or pay you compensation. However, we
will not be liable for damage which you could have avoided by following our
advice, following installation/download instructions, or having in place the
minimum system requirements as advised by us.
Our liability to you for any damage to your computer
system or loss of data resulting from the downloading of content is limited to
the amount you have paid for the Products. In no event shall we be liable for
damages in excess of this sum.
10. OTHER IMPORTANT TERMS
You need our consent to transfer your rights under these
terms to someone else. We may not agree to this as these terms grant a licence for your benefit only.
Nobody else has any rights under these terms – they are
between you and us. No other person shall have any rights to enforce any of its
terms.
If a court finds part of these terms illegal, then rest
will continue in force.
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.
11. CERTIFICATION
Once
you have satisfactorily completed the requirements of certification from
respective awarding bodies, you may request the certification by paying
certification charges. The awarding bodies and universities will take 1 to 3
months period to issue the certificate and we will not be responsible for
unforeseen delay in issuance of certificate. The certificate will be couriered
to you to the provided address and we shall not be liable for any damage during
the shipment. If the students wish to attend the convocation events, Athena
will coordinate to get a permit from the respective university, the university
may charge a nominal fee for such event decided by the university and the
student will be liable to pay such charges if need to attend such events
12. ACCREDITATION
Accreditation
status has been clearly mentioned in every course page, there are credit rated
and non-credit rated programmes. The accredited program means that particular
course has been approved by the respective country of issuance of the
certificate not necessary to every country. So it’s the student responsibility
to check the accreditation status in their respective countries and get
satisfied prior enrolling to the course. We will not be responsible for any country
withdraw the accreditation status to any of our partner universities/awarding
bodies in future. If any university withdraw the partnership with Athena in
future, we will provide best possible alternative solution to complete your
study or students can opt to withdraw from the course and Athena will not be
responsible for any such events or damage caused by such events.
13. GOVERNING LAW
These
terms are governed by and construed in accordance with the laws of England and
Wales and you can bring legal proceedings in the English courts.