Terms & Conditions

Terms & Conditions – Online Courses

These terms and conditions apply to courses provided by www.beingagileinbusiness.co.uk part of Being Agile.

Contact learn@beingagileinbusiness.co.uk

These terms and conditions are in addition to Website Terms and Conditions and apply to the sale of any Online Course.  Please read these terms and conditions carefully before purchasing an Online Course.

For purchases of courses via our website you agree to the terms of this agreement.  If you do not agree to these terms and conditions you must cease to continue to purchase any course from us. 

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form including, without limitation, the Course Materials, but does not include information in the public domain.

“Course Materials” means the information and materials provided by Being Agile in Business contained in a course

“Course Fees” means the fees paid by you to Being Agile in Business for courses.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” or “Course” means the delivery by us of an online course for the purpose of remote independent learning.

“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or direct communications.

“Website” means www.beingagileinbusiness.co.uk

“you” means the individual purchasing the Courses.

“user” means the individual accessing the Courses

2. The Services

2.1. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Courses you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Courses.

3. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must sign up for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.

3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions.  Being Agile in Business reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.

3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order. 

3.4. A legally binding agreement between us and you shall come into existence when we have :
(a)    accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b)    received payment of the relevant Course Fees from you in accordance with clause 5 below. 

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services. 

4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Being Agile in Business

5. Course Fees

5.1. The Course Fees for the Services shall be as set out on the Website at the time you placed an order for them or provided as part of you wider engagement with Being Agile. 

5.2. Course Fees for the Course(s) selected by you on the Website shall be paid via:

Credit / debit card at the time of purchase.
Invoice / Bank Transfer upon request following your online order request.
Prepaid/PO as part of your wider learning programme with Being Agile

Fees must be paid in full prior to you accessing any Online Course.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Being Agile in Business shall not be responsible for these.

5.6. You shall be responsible for all costs you incur in connection with your access onto any Online Course.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of business advice.

6.2. Although Being Agile in Business aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, Being Agile in Business’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Course Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.

6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and content made by trainers are, and remain, the intellectual property of Being Agile in Business, or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of Being Agile in Business on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Course Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.

8.2. This clause shall continue notwithstanding termination of these terms and conditions.

8.3  Individual User Log-in information is provided for the purpose of access to courses only by the named user, and shall be kept confidential and secure.  Individual Log-ins cannot be transferred or shared with other parties.   

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay when due your Course Fees;
  2. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

 These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

13. Data Protection

13.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

13.3 We may also use the above Data to provide you with communications. We will not pass any personal data onto anyone outside of Being Agile in Business.

13.4. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

13.5. Being Agile in Business endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

13.6. If you wish to change or update the data we hold about you, please e-mail learn@beingagileinbusiness.co.uk

14. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

15. Notices

You can contact us via learn@beingagileinbusiness.co.uk

Web Site Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • This website may use cookies to monitor browsing preferences. If you do allow cookies to be used, information may be stored by us for use by third parties
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Website disclaimer

The information contained in this website is for general information purposes only. The information is provided freely and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Every effort is made to keep the website up and running smoothly. However, takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Privacy Policy 

At Being Agile we respect your personal data and your right to privacy.   This privacy policy explains how we use any personal information we collect about you when you engage with us.

This applies to information we collect when engaging with you as a Supplier/Customer of products/services.

We may collect information about you including your name, email, address, telephone, company.  We may also collect personal contact information when you voluntarily complete forms or communicate with us.

We collect information about you to process and manage activities delivered by Being Agile. We may communicate with you using your contact information to process and manage your engagement, and to deliver, or receive, products or services.

We will provide information about the collection and use of any personal data provided at the point of submission and in addition to this privacy policy as required.  This policy does not apply where personal information is shared voluntarily in the public domain.

Communications

As part of your engagement with Being Agile you may receive communications about our activities and events.  Our email newsletters and lists are opt in and managed through Mailchimp. You may unsubscribe anytime using the footer link in these emails.

Photography & Filming

We often have photography and filming at our events where your image may be captured and shared through our online and media channels which we will disclose prior or during the activity.  We do respect your right to not be included in photography or filming on the day or to request removal. Please contact us.

Information Systems

We store information securely and process it responsibly.  We use third party services to store and process your data.  We aim to ensure that all third party services used by Being Agile, operate and maintain data security and management that is compliant to relevant data regulation standards.

Website

  • We do not use cookies to collect personally identifiable information.
  • Our website uses cookies to collect anonymous data for Google Analytics.

Sharing Information

  • We may share your information with delivery partners to enable the processing and delivery of products and services such as events.  We do not share your information with partners unless it is to enable the delivery or processing of products and services.
  • We may share your feedback where specifically agreed at the point of collection as part of Being Agile promotions and marketing activities.
  • We may share your information where specifically agreed with you as part of a Being Agile activity, communication or event.
  • We do not sell personal data to third parties.

Our website and communications often contain links to other websites or information, this privacy policy applies only to Being Agile collection and management of data.

Access to your information and correction

You have the right to request a copy of the information that we hold about you.  If you would like a copy of some or all of your information, please contact us. There may be a small charge for this service if necessary.

How to Contact us

Please contact us if you have any questions about our privacy policy or information we hold about you.   As a small business we are not required to have a Data Protection Officer, however if you have any questions or queries please contact us.

We are always looking for ways to improve our systems and practices and we keep our privacy policy and management of data under regular review.

Please contact us if you would like any further information or clarification.