NPL e-Learning Training: Terms and Conditions

The Online Course Terms and Conditions, in addition to the Website Terms of Use, apply to the use of the Website and purchase of any Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course and print off a copy for your records.

NPL will not file or otherwise keep a copy of any agreement concluded between you and NPL, and a copy of the concluded agreement will not be available from NPL at a future time and date. By registering on the Website you are confirming your agreement to be bound by these terms and conditions.

If there is any conflict between these Terms and Conditions, and the Website Terms of Use, the conflict shall be resolved according to the following order of priority;

a)      Online Course Terms and Conditions;

b)      The Website Terms of Use.

 

 

I.     Online Course Terms and Conditions

 

1.       Definitions

 

2.       Ordering Procedures

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 NPL account via the Website. If you have already registered on the Website, 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 confirm the payment, by pressing the button "Pay Now".

 

2.2.Ordering via NPL Customer Services:

2.2.1.You will need to be registered on the Website to purchase Online Corses via NPL Customer Services.

2.2.2.This service is usually dedicated to (i) volume licensing requests, (ii) multiple Online Courses and/or (iii) special orders where the Website is not fit for purpose.

2.2.3.We accept purchase orders for a minimum of four licenses per request.

 

2.3.When you place an order for an Online Course via the Website or by emailing NPL Customer Services, you are offering to purchase that Online Course on these Terms. NPL reserves the right to decline or cancel your order, or any part of your order.

 

2.4.Following receipt by NPL of your order for an Online Course via the Website you will receive an automated email confirming that your order has been received by NPL. Your order will be subject to acceptance by NPL of your offer to purchase in accordance with Clause 2.5 below.

 

2.5.A legally binding agreement shall not come into existence until NPL has accepted your offer to purchase an Online Course by either sending you an acceptance confirmation email or unlocking your access to the Online Course purchased.

 

2.6.NPL reserves the right to withdraw at any time Online Courses advertised for sale on the Website and/or the Brochure.

 

3.       Payment Terms and VAT

3.1.The Course Fee for any Online Course at any given time will be displayed on the Website. Course Fees are inclusive of VAT and are quoted in pounds sterling, exclusive of any delivery charges payable in relation to delivery of Course Materials. Where applicable, all additional charges will be added to this price.

 

3.2.If you purchase an Online Course on the Website:

3.2.1.The Course Fee and any delivery charges payable in relation to delivery of Course Materials, if applicable, will be shown in the paypal check out area, prior to completion of the online transaction;

3.2.2.NPL will debit the Course 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 through your PayPal account, over a secure link and an authorised amount verification is taken immediately. We do not store credit card details nor do we share customer details with any third parties.

 

3.3.If you purchase an Online Course via NPL Customer Services

3.3.1.The NPL Customer Services will enable you to pay Course Fees through bank transfer in orders requesting a minimum of four licenses. In this case, you will need to raise a purchase order to initiate the process. We do not store bank, credit card details, nor do we share customer details with any third parties.

 

3.4.NPL reserves the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee displayed on the Website or in the Brochure is incorrect, or the Course Fee has been changed on the Website but the Brochure is out of date, NPL will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in the Brochure then NPL will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Classroom Course at the increased Course Fee. If you decide you want to cancel your order NPL will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Course Fee is lower, NPL will refund you the difference only between the amount which you have paid and the correct Course Fee payable.

 

3.5.The provision of the Online Course is contingent upon NPL having received cleared funds from you or your employer (if you select to invoice your employer) in respect of the Course Fee for the relevant Online Course.

 

3.6.When paying for a course, you are purchasing a licence. This means that you will be automatically enrolled and able to access the Online Course content for a period as definied on the Website.

 

3.7.The license starts from the course payment date.

 

3.8.VAT and e-Learning:

3.8.1.The UK VAT rate at present is set at 20%. This amount may decrease/or increase in accordance with UK's legislation. For the purpose of clarification, NPL will be charging the VAT rate in the following circumstances:

  • UK based customers pay VAT 20%;

  • EC based customers that are able to provide a valid VAT number are exempt from VAT (VAT 0%). If you don't have a VAT number (or if it the one you have is not valid), you will be charged the UK VAT rate;

  • All other customers based outside of the EC are exempt from VAT (VAT 0%).

 

3.8.2.Where a single license is purchased through PayPal, and you are VAT exempt (in accordance with Clause 3.8.1 above), the VAT charged will be refundable upon request using the NPL Customer Services.

 

3.8.3.Where multiple licences are purchased through the NPL Customer Services, NPL will automatically charge the VAT in accordance with Clause 3.8.1 above.

 

4.       Cancellation, Deferral and Refund Terms

4.1.Cancellations should be notified in writing. You will be eligible for a refund if you have not accessed the content and if the license you are cancelling is still valid. If this is the case you will be entitled to a full refund (less a 12% administration fee).

 

4.2.For all Online Courses, NPL may cancel at any time up to 5 working days prior to the commencement of such Online Course. If NPL cancel an Online Course, Clause 4.3 below will apply.

 

4.3.If you or NPL cancel an Online Course then subject to Clauses 4.1 and 4.2, if you have chosen to pay the Course Fee, NPL will credit the Course Fee to your credit or debit card (that you used to pay the Course Fee) as appropriate within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation. If you have chosen to invoice your employer and at the time of cancellation the relevant invoice has already been paid by your employer the Course Fee will be credited to your employer's NPL account within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.

 

4.4.You may defer a course if you have not accessed the material within the license timeframe - see FAQ. Defer your order by contacting NPL Customer Services

 

4.5.Please note that you cannot cancel your purchase of an Online Course if you have downloaded any of the Course Materials and/or accessed all or part of the Online Course in any way. Your statutory rights in the event of receiving faulty goods are not affected.

 

4.6.Except as set out in Clauses 4.1 and 4.4, no cancellations and no deferrals will be permitted by you for an Online Course.

 

4.7.NPL reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4.1and Clause 4.3 and to charge additional fees in any such event.

 

4.8.In the event that you purchased a course via PayPal, the following applies with regards to total/partial refunds (this is not an exhaustive list, as other PayPal terms and conditions may apply):

4.8.1.If you paid with your debit card or credit card, your payment is refunded to that card. Refunds may take up to 30 days to appear on your statement;

 

4.8.2.If you paid with your bank account or PayPal balance, your payment is refunded to your PayPal balance;

 

4.8.3.Refunds are in the same currency and at the same conversion rate as the original payment.

 

5.       Online Course Content and Access Terms

5.1.Please see the description of the Online Course on the NPL Training Website for details of the contents of the available Online Courses.

 

5.2.Except as set out in the description of the Online Course on the NPL Training Website, no additional Course Materials will be provided by NPL.

 

5.3.Your access to a Self-Paced Online Course will be automatically unlocked upon your payment. Regarding other types of Online Course with a predetermined start date, NPL will notify you of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed or cancelled.

 

5.4.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.

 

5.5.You may incur charges to your internet service provider while you are accessing and / or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges.

 

6.       System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials and the Online Course is compatible with the minimum system requirements that relates to the Online Course you are ordering. View the minimum specification for each course, available on the NPL Training Website - see FAQ. You acknowledge and accept that NPL cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.

 

7.       Modifications to content of existing courses or technology enhancements

From time to time, NPL 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, and if within the period covered by your license.

 

8.       Annual (or other term) Updates

8.1. Certain Online Courses will periodically be superseded by new legislation or the issue of new regulations. Following the enactment of new legislation or the issue of new regulations, NPL 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.

 

8.2. 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.

 

9.       Technical Support and Access

9.1.NPL will provide technical support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.

 

9.2.If you report a fault to NPL, NPL will use reasonable endeavours to provide a solution but NPL does not guarantee that the technical support provided will resolve your technical problems. NPL does not give any warranties as to the technical advice given. If you receive technical advice from NPL, then NPL will not accept any responsibility for any problem.

 

9.3.NPL is not obliged to offer you any technical support in relation to your use of any of the free demonstrations available on the Website, but NPL may elect to offer technical support and the extent of any such technical support is entirely at the discretion of NPL.

 

9.4.You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

 

9.5.NPL 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. NPL 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.

 

9.6.You also accept and acknowledge that NPL 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:

 

9.6.1.The operation of the internet and the World Wide Web, including but not limited to viruses;

9.6.2.Any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;

9.6.3.Failures of telecommunications links and equipment; or

9.6.4.Updated browser issues.

 

9.7.In order to access the Online Course you will need to comply with the mimimun system requirements as stated in the FAQ.

 

10.   Warranties

10.1.NPL will provide the Course Materials in accordance with the Online Course description which is set out on the NPL Training Website (please see clause 5.1).

 

10.2.NPL expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. NPL does not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the NPL Training Website).

 

10.3.NPL does not make any representation, guarantee or commitment to you that the Course Materials will be error free.

 

10.4.NPL does not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.

 

10.5.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.


 

11.   Limitation of liability

11.1.The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

 

11.2.Except as set out in these Terms, NPL 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:

11.2.1.    Indirect or consequential losses;

11.2.2.    Loss of income or revenue;

11.2.3.    Loss of business;

11.2.4.    Loss of anticipated savings; or

11.2.5.    Loss or corruption of data.

 

11.3.NPL is 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 Online Course via the Website. 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 Online Course.

 

11.4.Save as otherwise set out in this section "Limitation of liability", NPL's maximum aggregate liability to you for any claims that you may have against NPL for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.

 

11.5.NPL 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 NPL's reasonable control. This condition does not affect your statutory rights.

 

11.6.Each provision in this Clause 11 shall be construed separately as between you and NPL. 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.

12.   Disclaimer

The Online Courses are for training purposes only. NPL will not accept any responsibility to any party for the use of the Course Materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.

 

13.   Intellectual Property

13.1.At all times, NPL and / or its licensors, remain the owners of the intellectual property in the Online Courses, the Course Materials content. No Online Course and / or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of NPL.

 

13.2.In consideration of receipt by NPL of the Course Fee, NPL grants to you a non-exclusive, non-transferable licence to use the Course MaterialsĀ  content for the sole purpose of studying for the Online Course. For the Online Study Materials, the licence granted is to use them on one computer (such as a desktop or a laptop) and one mobile device (such as a smartphone or a tablet) only.

 

13.3.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 Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Course, Course Materials and / or Online Study Materials, create derivative works based on the whole of or any of their parts, or incorporate theseĀ  into any software program. The use of the Online Course, Course Materials and / or Online Study Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either NPL's copyright and / or NPL's other intellectual property rights, and / or the copyright and / or other intellectual property rights of NPL's licensors.

 

14.   Data Protection

14.1.NPL will process the information it receives from you or otherwise holds about you in accordance with these Terms and its privacy policy. You consent to the use by NPL of such information in accordance with these Terms and NPL's privacy policy. You have the right to receive details of the personal information held by NPL. A fee of £15 will be payable. For more information, please refer to NPL's privacy policy.

 

15.   General

15.1.NPL may update or amend these Terms 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.

 

15.2.These Terms and the Website Terms of Use (if you registered on the Website) 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.

 

15.3.You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

 

15.4.NPL may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

 

15.5.No relaxation or delay by NPL in exercising any right or remedy under these Terms 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 NPL in writing.

 

15.6.If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

 

15.7.Any notices required to be served on you by NPL under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to NPL at NPL's discretion. Any notices required to be served on NPL by you will be deemed properly served if sent to the address as per clause 16, or when receiving a reply form NPL after contacting the NPL Customer Services.

 

15.8.       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.

 

15.9.The agreement between you and NPL will be concluded in English only.

 

15.10.The agreement between you and NPL which is compromised in these Terms 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.

 

15.11.These Terms, and any other matters arising out of or in relation to these Terms, 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.

 

16.   Contact us

NPL Training

16.1.       National Physical Laboratory
Hampton Road
Teddington
Middlesex
TW11 0LW

 

Tel: +44 20 8977 3222 (Switchboard)

Email: elearning@npl.co.uk

 


 

II.     The Website Terms of Use

Please read these terms and conditions (the "Terms"), which apply to your use of NPL's services and products including but not limited to courses, programmes and study materials (collectively the "Products") and also to your use of the following websites, including any subdomains thereof (collectively the "Websites"):

Please read our Privacy Policy, which applies to any personal data collected from you when you use any of the Products and/or Websites or send personal data to NPL by any other means.

 

1.       If you do not accept these terms

Access to and use of any of the Websites and Products is provided by us subject to these Terms, our Privacy Policy and any terms and conditions specific to the relevant product. By using any of the Websites and/or Products you are acknowledging that you have read and accepted these Terms and the Privacy Policy. You should not use any of the Websites and/or Products if you are not happy with these Terms.

If you are using any of the Websites and/or accessing Products from outside the UK other laws may apply to your use of such Websites and/or Products. We operate the Websites and, save for where we have local offices, provide our Products from within the UK. We are not subject to local laws applicable in your country and any of the Websites and/or Products may not be compliant with those local laws. You should not use any of the Websites and/or Products unless you are happy with this position.

 

2.       Updates and changes to these Terms

We may change these Terms from time to time by updating this page. You should review this page regularly. Your continued use of the Websites and/or Products after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Websites and/or Products if you are not happy with any changes.

 

3.       Intellectual property rights (including copyright)

The Websites, all the materials contained on them and the content of the Products are protected by intellectual property rights. Materials and content include, but are not limited to, the design, layout, look, appearance, graphics and documents on the website or in our courses or learning materials, as well as all other content on the Websites and/or Products such as (but not limited to) articles and other text, and other content of courses such as slides. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) subsisting in the design of, or materials on or in, the Websites and Products is either owned by us, licensed to us or we are entitled to use it.

You may not copy, redistribute, republish or otherwise make use of the materials on the Website, in our courses or learning materials or Products available to anyone else without NPL's written permission (including, but not limited to "caching" any material and "mirroring" any material):

  • No materials can be modified in any way;

  • No graphics are used separately from accompanying text;

  • Our copyright and trade mark notices appear in all dowloadable components; and

  • You acknowledge the Website as the source of the material.

 

If you have our written permission to provide these materials and/or Products to another person, you must ensure they are made aware of these restrictions and you may be responsible to NPL for that person's non-compliance with these restrictions.

You may also permit your computer to make an electronically stored, transient copy of the content in the Websites only for the purpose of viewing it while connected to the internet (but you may only make one copy of any such content).

 

4.       Accuracy of content on the Websites or other NPL social media channels

We do not represent that information contained on or available via the Websites or any other NPL social media channels is accurate or complete and accordingly it should not be relied on as such.

Any arrangements made between you and any other person, using or named on the Websites or any other social media channels is entirely at your own risk and responsibility.

Information contained in or accessible via the Websites or any other NPL social media channels may change from time to time. We may make improvements or alterations to the Websites or any other NPL social media channels at any time and without notice. We may modify, withdraw or deny access to the Websites or any other NPL social media channels at any time.

 

5.       Linking to non-NPL websites

We may link to other websites which are not within our control. Such links would be provided for your convenience. In addition, other websites outside our control may link to the Websites.

We are not responsible for the content of any external sites we provide links to or which link to the Websites or any other NPL social media channels . You should exercise caution and check you are happy with the terms and conditions applicable to any other website that you visit. No link is intended to be, nor should be construed as, an endorsement of any kind by us of another website.

 

6.       Liability

We do not guarantee that use of the Websites or any other NPL social media channels will be compatible with the hardware and software which you use, or that it will be uninterrupted or error or virus free or that any defects on the Websites or any other NPL social media channels will be fixed by us (unless we are obliged by law to fix them, for example we would fix security defects within our control in line with our obligation under the Data Protection Act 1998 to keep personal data secure).

Please ensure that you regularly check for and protect against viruses when using the Websites or any other NPL social media channels on any hardware device. We make no statement about the suitability of the content, information, products and services which is made available via the Websites or any other NPL social media channels. Accordingly, all warranties and terms and conditions implied by statute or otherwise are excluded to the fullest extent permitted by law (please see directly below for more details). For example, we make no warranty that this website is free from computer viruses or any other malicious or impairing computer program.

We exclude all liability to the fullest extent permitted by law (please see directly below for more details) for damages and direct, indirect or consequential loss (including but not limited to pure economic loss, loss of business, revenue or profits, business interruption, depletion of goodwill and like loss) incurred by you or any other person and which arises out of or in connection with your use of or inability to use the Websites or any other NPL social media channels or their content, whether that liability is in contract, tort or otherwise.

We do not exclude or limit our liability (if any) to you:

  • For any breach of obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;

  • For personal injury or death resulting from negligence;

  • Under section 2(3) Consumer Protection Act 1987;

  • For any matter for which it would be illegal for us to exclude or to attempt to exclude liability; or

  • For fraud.

 

The internet is not a secure means of communication and NPL cannot guarantee the security of postage or other hard copy delivery services. Emails may be intercepted by other people or organisations. You should not send any communication to us through the Websites or any other NPL social media channels or by email, postage or other hard copy delivery services, in particular which contains personal data (including sensitive personal data) and/or confidential information about you or any other person, unless you accept that any such communication is sent at your own risk and on the understanding that we would not be liable for any loss that you might suffer as a result (except for losses which cannot be excluded or limited at law, as referred to directly above).

 

7.       Data Protection and Privacy

Any personal data which you provide to us from which we can identify you as a living individual (whether by taking that information by itself or when using it in conjunction with other information which we hold or are likely to hold) and which affects your privacy ("personal data") is processed by us in accordance with our notification as a Data Controllers at the Information Commissioner's Office and our Privacy Policy.

 

8.       Contracting online

Nothing on the Websites is intended to be nor should be construed as an offer to enter into a contractual relationship with you or anyone else, except for these Terms which govern the relationship between us in relation to your use of the Websites and where relevant other services.

If you make a contract with a third party who is named or referred to on the Websites, it is your responsibility to ensure that you are comfortable with the terms of that contract and to take legal advice if necessary.

 

9.       Governing Law

The terms of use of the Websites and/or Products and the formation, existence, construction, performance, validity and all aspects whatsoever of these Terms and the terms of use of any of the Products shall be governed by the laws of England and Wales.

 

10.   Jurisdiction

The Courts of England and Wales shall have the non-exclusive jurisdiction over all claims or disputes (including non-contractual claims or disputes) arising in relation to, out of or in connection with your use of the Websites and these Terms or the terms of any Products. It is not intended that third parties shall have any rights in relation to these Terms under the provisions of the Contracts (Rights of Third Parties) Act 1999.

If any term of these Terms is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable, that term shall be deemed to be severed from these Terms and this shall not affect the remainder of these Terms which shall continue in full force and effect.