Student Terms and Conditions
STUDENT TERMS AND CONDITIONS
Data we process when you use an EzyEducation course
You may be aware that some important legal changes have been made regarding the personal data that websites record. Unlike many other web based services we do not share or sell your personal data to other organisations. However, we do hold significant learning records and will process your data from time to time to identify areas where we can improve our courses. We have completed the changes we need to make to comply with the provisions of GDPR (General Data Protection Regulation). As a result, we have adjusted our terms and conditions. Section 11 details the changes relating to GDPR.
You will need to accept these terms to continue accessing your account.
1 These Terms
1.1 What these Terms cover. These are the terms and conditions on which we will provide you with access our course materials (the "Products").
1.3 Why you should read them. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide the 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. If you think that there is a mistake in these Terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 www.ezyeducation.co.uk (“the Website”) is operated by EzyEducation Limited a company registered in England and Wales with Company Number 08446269 whose registered office is The Cedars, Manor Road, Durley, Southampton SO32 2AF. VAT registration number 160707229.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3 Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product(s).
3.3 In order to purchase a Product you must register on the Website and be over the age of 18. If you have already registered, you can log into your account using the email address and password that you provide to us when you registered. If you are ordering the Products on behalf of someone who is under 18 during the registration process you may request a Nominated Person to have access to the Products. You authorise your Nominated Person to access and use the Products on your behalf and acknowledge that any actions of the Nominated Person will be deemed to have been carried out by you.
3.4 Although anyone under age 18 (minor person) is not able to purchase a Product or accept the terms, a parent or guardian can accept the terms on their behalf. Acceptance of the terms by the parent or guardian will appoint the minor person as a Nominated Person. The appointment by the parent or guardian will authorise the Nominated Person to access and use the Products and acknowledges that any actions taken by the Nominated Person will be deemed to have been carried out by the parent or guardian.
3.5 EzyEducation reserves the right to withdraw at anytime any of the Products advertised for sale on the Website.
4 Our Products
4.1 A full description of the Products are available on the Website.
4.2 Except as set out in the description of the Products on the Website no additional materials and/or tuition will be provided by EzyEducation.
4.3 Upon receipt of the confirmation email from EzyEducation you or your Nominated Person will be granted access to the relevant Product.
4.4 The Products may only be accessed by you or your Nominated Person. You may not transfer your rights to any other person or provide access to the Products to any other person other than a Nominated Person.
4.5 EzyEducation operates a zero tolerance policy in relation to inappropriate behaviour of students. EzyEducation reserve the right to suspend access to the Products if you or a Nominated Person breaches the Acceptable Use Policy.
5 System Requirements
5.1 Please note it is your responsibility to check that your computer is compatible with the minimum specification requirements that relates to the Products you are ordering, you acknowledge and accept that EzyEducation cannot be held responsible for any technical problems you encounter following the purchase of the Products.
5.2 The minimum system requirements are:
5.2.1 broadband connection, minimum download 1mb, upload 500kb;
5.2.2 browser, firefox V19+, Google Chrome V25+, IE V10+;
5.2.3 Windows XP / 7, MacOS V9+
6 Service Support
6.1 If you have any issues or problems with our Website or any of the Products, please complete a contact form on the website outlining the problems you are experiencing.
6.2 EzyEducation will endeavour to respond to your query within 48 hours of receipt of your completed form. You acknowledge that at busy times our response times may be longer but if you do not hear from us within 48 hours please resend your contact form.
7 Your rights to make changes
If you wish to make a change to the Products you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Products, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8 Our rights to make changes
8.1 Minor changes to a Product. We may change a Product to:
8.1.1 reflect changes in relevant laws and regulatory requirements; and
8.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
8.2 From time to time EzyEducation may make modifications, enhancements or issue clarifications to the Products. You will be provided with access to such changes free of charge to the extent that the changes affect the Products ordered by you.
9 Suspending the Products
9.1 We are not responsible for delays outside our control. If our supply of the Products is delayed or described by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or disruption. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Products you have paid for but not received.
9.2 Reasons we may suspend the supply of the Products to you. We may have to suspend the supply of a Product to:
9.2.1 deal with technical problems or make minor technical changes;
9.2.2 update the Product to reflect changes in relevant laws and regulatory requirements;
9.2.3 make changes to the Product notified by us to you (see clause 8);
9.2.4 if you breach these Terms.
9.3 Your rights if we suspend the supply of the Products. We will contact you in advance to tell you we will be suspending supply of the Products, unless the problem is urgent or an emergency. If we have to suspend the Products for longer than 48 hours in any 7 day period we will adjust the price so that you do not pay for the Products while they are suspended. You may contact us to end the contract for a Product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Product in respect of the period after you end the contract.
9.4 We may also suspend supply of the Products if you do not pay. If you do not pay us for the Products when you are supposed to and you still do not make payment within 20 days of us reminding you that payment is due, we may suspend supply of the Products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice. We will not charge you for the Products during the period for which they are suspended. As well as suspending the Products we can also charge you interest on your overdue payments.
10 Your rights to end the contract
10.1 You can always end your contract with us:
10.1.1 if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
10.1.2 if you have just changed your mind about the Products, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
10.1.3 in all other cases (if we are not at fault and there is no right to change your mind).
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 10.2.1 to 10.2.4 below the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:
10.2.1 we have told you about an error in the price or description of the Products you have ordered and you do not wish to proceed;
10.2.2 there is a risk that supply of the Products may be significantly delayed because of events outside our control;
10.2.3 we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months; or
10.2.4 you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order. However, once you have started using the Products you cannot change your mind, even if the period is still running. If you cancel after you have started using the Products, you must pay us for your use of the Products up until the time you tell us that you have changed your mind.
11 How to end the contract with us (including if you have changed your mind)
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.1.2 Write to us EzyEducation Ltd, Unit 7, Dartmouth Buildings, Fort Fareham Industrial Estate, Newgate Lane, Fareham, PO14 1AH. Please provide your name, home address, details of the order and, where available, your phone number and email address.
11.1.3 Online. Complete the form on our website.
11.2 How we will refund you. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind. We may deduct from any refund an amount for the supply of the Products for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
11.4.1 if the Products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.2;
11.4.2 in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12 Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if:
12.1.1 you do not make any payment to us when it is due and you still do not make payment within 20 days of us reminding you that payment is due;
12.1.2 you breach these Terms.
12.2 We may withdraw the Products. We may write to you to let you know that we are going to stop providing the Products. We will let you know at least 6 months in advance of our stopping the supply of the Products and will refund any sums you have paid in advance for Products which will not be provided.
13 If there is a problem with the Products
14 Price and payment
14.1 Where to find the price for the Products. The price of the Products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Products advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the Products you order.
14.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Products, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
15 Our responsibility for loss or damage suffered by you
15.1 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, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes:
15.2.1 liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation;
15.2.2 for breach of your legal rights in relation to the Products including the right to receive Products which are:
(a) of satisfactory quality; fit for any particular purpose made known to us;
(b) supplied with reasonable skill and care.
15.3 If defective digital content which we have supplied damages a 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 to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16 How we may use your personal information
16.1 How we will use your personal information. We will use the personal information you provide to us:
16.1.1 to supply the Products to you;
16.1.2 to process your payment for the Products; and
16.1.3 if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
16.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
17 Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 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. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.