Please read these Terms and Conditions of Use ('Terms') carefully before using www.DDAtrainingUK.com. ('the Website & e-Learning System'). These Terms apply to all users of this Website & e-Learning System including casual browsers.

1. Terms applying to all users of the DDAtrainingUK.com Website & e-Learning System.

In these Terms, 'we', 'us' and 'DDAtrainingUK.com' means :

DDA Training UK Limited
The Hermitage
Hermitage Street
Rishton
Blackburn
BB1 4ND

which is the owner of this Website & e-Learning System and the DDAtrainingUK.com trademark and brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website & e-Learning System at any time

By using this Website & e-Learning System you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website & e-Learning System does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website & e-Learning System or any materials made available via the Website & e-Learning System (except for death or personal injury caused by our negligence).

We cannot promise that access to the Website & e-Learning System will be uninterrupted or error free. We reserve the right to suspend access to the Website & e-Learning System between the scheduled maintenance window of approximately 05.00 and 06:30 GMT each day. There may also be occasions when access to the Website & e-Learning System is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the services. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of DDAtrainingUK.com.

You accept that you will not have a claim for breach of contract (either against DDAtrainingUK.com or your DDAtrainingUK.com provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website & e-Learning System or any or content and/or facilities provided via the Website & e-Learning System:

• any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
  
• any loss or corruption of data; or
  
• any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to:

• any loss or damage resulting from death or personal injury caused by our negligence;
  
• loss or damages arising from our fraudulent misrepresentation; or
  
• any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

No amendment or variation to these Terms shall be effective unless made in writing and accepted by both of us.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

2. Purpose of the Website & e-Learning System

The purpose of the Website & e-Learning System is to provide individuals and businesses with information on the range of courses, products and other services offered by or via DDAtrainingUK.com.

3. Copyright

The materials on this Website & e-Learning System are protected by our and by third party copyright and other intellectual property rights as described in the DDAtrainingUK.com Copyright Statement.

4. Third Party Links

DDAtrainingUK.com may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of DDAtrainingUK.com. These third-party links are provided for your convenience only and are accessed at your own risk. DDAtrainingUK.com is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

5. Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of this page. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

6. Terms Applying if you access DDAtrainingUK.com e-Learning Programmes

Please read this carefully before registering as a user of DDAtrainingUK.com e-Learning Programmes via the Website. These Terms govern the process of registering as a user of DDAtrainingUK.com e-Learning based training courses and the use of the facilities provided to DDAtrainingUK.com registered users.

7. Registration

To register as a user of DDAtrainingUK.com e-learning training courses you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.

DDAtrainingUK.com may refuse to accept your application to register as a user of DDAtrainingUK.com e-Learning training courses for any reason in its absolute discretion.

8. Password

When you register as a user of DDAtrainingUK.com e-Learning training courses you will be assigned a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify DDAtrainingUK.com immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. DDAtrainingUK.com reserves the right to require you to alter your username and password if it believes that they are no longer secure.

The information that you provide to us upon registration and at any other time is subject to the DDAtrainingUK.com Privacy Statement.

9. Availability of the Website & e-Learning System

DDAtrainingUK.com uses reasonable endeavours to ensure that the Website & e-Learning System is available 24 hours a day 7 days a week. DDAtrainingUK.com reserves the right to suspend access to the Website & e-Learning System& Learning System between the scheduled maintenance window of approximately 05:00 and 06:30 GMT each day. There may also be occasions when access to the Website & e-Learning System& Learning System is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website & e-Learning System& Learning System. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of DDAtrainingUK.com.

10. Technical Support

DDAtrainingUK.com provides technical support to learners who have enrolled on an e-Learning course by e-mail from the DDAtrainingUK.com web site. The service normally operates within business hours of 08.30 – 17.00 Monday to Friday excluding Bank Holidays. We use reasonable skill and care in providing such technical support and will use reasonable endeavors to ensure that this service is available but cannot guarantee uninterrupted availability. You acknowledge and accept that periods of downtime may be required in respect of the DDAtrainingUK.com IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website & e-Learning System& Learning System) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against us or your DDAtrainingUK.com provider) or otherwise in respect of such period of unavailability.

Subject to Paragraph 19 - Liability, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to avail of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with DDAtrainingUK.com as outlined in Paragraph 13 – Provision of Services

11. General

Subject to the terms of any agreement we conclude with you if you enrol on a course via the Website, we reserve the right to withdraw all or part of the Website & e-Learning System at any time.

These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We reserve the right to amend these Terms from time to time. We will notify you of any changes that we make to these Terms and, following such notification, if you continue to use the Website, e-Leaning System, or other services provided to users of DDAtrainingUK.com, you will be deemed to have accepted those changes.

12. Provision of the Services

You will receive an email confirming the user ID and password for your course. We will then start to make the Services available to you in accordance with this paragraph.

We will provide you with access to the Course Materials once you have enrolled. You will need to log on through the Website & e-Learning System to access the Course Materials. If you are already registered as a member of DDAtrainingUK.com, you can log on using the user name and password which was provided to you by us when you registered. If you are not registered as a user of DDAtrainingUK.com, you will need to do so and obtain a user name and password before you can access the course materials on-line.

You can log onto the Website & e-Learning System from other computers using your user name and password, but you should be aware that not all computers have functionality that will enable you to access all of the Course Materials. Subject to (Section 19 - Our Liability to You), we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If it does not, you may request that the Course Materials be provided in paper or other format where that option applies, or, where you have been unable to access the Course Materials, you may cancel the Services and obtain a refund of the Course Fee in accordance with (Section 14 - Your Right to Cancel the Course).

On-line tutorial support normally will be available from 08:30-17:00 on Mondays to Fridays excluding bank holidays. Tutorial support will be provided on a first-come first-served basis. When using the Services on-line, we advise that you adhere to general Health and Safety Guidance.

13. Your Right to Cancel the Course

Once you have Enrolled for a Course, if you decide that you wish to cancel your Enrolment, you may do so provided that:

• during those 7 days, you have not accessed the Course Materials or obtained tutorial support.

If you cancel the Services in accordance with the Terms, we will re-credit to you that part of the course fee which you have paid to us within 28 days of receiving your notice of cancellation.

14. Quality of the services

We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Website & e-Learning System when you enrolled.

We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is on the DDAtrainingUK.com Website & e-Learning System and we expect you to take reasonable care to verify that the course in question will meet your needs Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services or that you will obtain any particular qualification from your receipt of the services When you enrol via the Website, as part of the enrolment process, the software on the Website & e-Learning System will perform checks on the computer from which you have accessed the Website & e-Learning System in the manner described above. Except as described above we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.

In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk.

Additional charges may be payable to third parties for use of the software necessary to view and download the Course Materials. You are responsible for paying these charges.

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

15. Payment by you of the Course Fee

You agree to pay us the course fee.

Payment will made by you on receipt of the e-invoice either by cheque to:

The Hermitage
Hermitage Street
Rishton
Blackburn
BB1.4ND

Or by BACS to:

HSBC Bank
60 Church Street
Blackburn
BB1 5AS

Sort Code 40-12-04
Account No. 71624229

Alternative arrangements and separate terms and conditions are available for “Licensed Users” and “Volume Users” contained in our License Agreement section.

The Course Fee includes VAT.

We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the DDAtrainingUK.com Website & e-Learning System In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.

16. Our Rights to Stop Providing the Services to You

If you are an on-line learner, we will make the Course Materials available to you via the Website & e-Learning System from Enrolment until the earlier of :

• your notifying us in writing, by email or by telephone that you have completed the course and no longer require access to the Services; or
  
• your failing to access the course materials for a period of 60 calendar days or more.

On the occurrence of the earlier of the events above, we will suspend your access to the Course Materials. If you wish to subscribe for the Services after your access to the Course Materials has been terminated, you will need to enrol again and make payment in full again via the Website & e-Learning System. We reserve the right to stop providing the Services to you immediately in the event that:

• you fail to comply with (Section 20 - Your Right to Use Course Materials and Your Related Obligations) of these terms which deals with the manner in which you are permitted to use the course materials and the Website; or
  
• you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of either our staff;

If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your access to the Course Materials.

17. Complaints

In the event that you are not satisfied with any aspect of the services, please contact us in the manner described in the DDAtrainingUK.com Learner Charter contained on the Website.

If, having raised the issue with us, you are still not satisfied, please write to:

The Managing Director
DDA Training UK Limited
The Hermitage
Hermitage Street Rishton
BB1 4ND

18. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to:

• any loss or damage resulting from death or personal injury caused by our negligence;
  
• loss or damages arising from our fraudulent misrepresentation; or
  
• any other losses which may not be excluded or limited by law.

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any course via the Website or e-Learning System. 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 course materials, and (ii) all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

19. Your Right to Use the Course Materials and your Related Obligations

In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home, work or DDAtrainingUK.com centre use in connection with the receipt of the Services. As such, you may make copies of the Course Materials as they appear on the Website & e-Learning System as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website & e-Learning System as are reasonable for private purposes. You may not makes copies of any Course Materials supplied to you in hard copy format by the DDAtrainingUK.com centre.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

20. General

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Website). Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website & e-Learning System following any changes to the Terms will mean that you accept such changes.

Last Updated : 15th August 2007