These terms and conditions govern your use of, SMART Qualifications, smartqualifications.com including but not limited to SMART Qualifications, smartqualifications.com website, learning material, e-learning, face to face training, individual learning, learner and group support, group learning, group training, learner support, assessment processes, and assessment days. Please read the terms and conditions in full before you use this, our SMART Qualifications website, smartqualifications.com. If you do not accept these terms and conditions please do not use this website. Using our SMART Qualifications website, smartqualifications.com implies that you accept these terms and conditions which are legally binding. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.1 You will be able to access the majority of our SMART Qualifications website, smartqualifications.com, without having to register any details with SMART Qualifications, smartqualifications.com. However, particular areas of our website will only be accessible, if necessary, once you are a registered learner with SMART Qualifications, smartqualifications.com.
2. USE OF WEBSITE AND MATERIAL
2.1 You are permitted to use our SMART Qualifications website, smartqualifications.com for your own purposes only and to print and download material from SMART Qualifications website, smartqualifications.com provided that you do not modify any content without our consent. All the material on our SMART Qualifications website, smartqualifications.com must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by SMART Qualifications, smartqualifications.com or by our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of SMART Qualifications website, smartqualifications.com or any material provided by SMART Qualifications, smartqualifications.com may be reproduced without our prior written permission.
2.4 To use SMART Qualifications website, smartqualifications.com or any material provided by SMART Qualifications you must be over 18 years of age. Any persons aged 16 to 18 years of age must provide SMART Qualifications, smartqualifications.com with a third party endorsement from a parent, guardian or career.
2.5 Courses can be booked via SMART Qualifications website, smartqualifications.com or by post to SMART Qualifications; smartqualifications.com at an address that will be provided after the initial enquiry form has been completed.
3. LEARNING, COURSES, COURSE BOOKINGS, TRAINING, ASSESSMENTS PAYMENTS AND CANCELLATIONS
3.1 Courses can be booked and payment can be made via SMART Qualifications website, smartqualifications.com or by post to SMART Qualifications; smartqualifications.com, at an address that will be provided after the initial enquiry form has been completed.
3.2 You are required to complete our SMART Qualifications, smartqualifications.com induction booklet.
3.3 You must provide SMART Qualifications, smartqualifications.com with all required details including but not limited to, your name, email address, address, date of birth. All gathered information will be stored by SMART Qualifications, smartqualifications.com in accordance to the DATA Protection ACT 1998.
3.4 Gathered information will be given to the e-learning provider and the awarding body in accordance to the DATA Protection ACT 1998.
3.5 You must complete the SMART Qualifications, smartqualifications.com induction booklet and return a copy to SMART Qualifications, smartqualifications.com before course enrolment will take place.
3.6 You are required to ensure that you have access to a computer or laptop and printer before enrolling on any course provided by SMART Qualifications, smartqualifications.com.
3.7 SMART Qualifications, smartqualifications.com do not and never will take any responsibility for your computer, laptop and printer or any other item used to access material provided by SMART Qualifications, smartqualifications.com.
3.8 When using any material and/or website provided by SMART Qualifications, smartqualifications.com, you are using all, without limitation, at your own risk.
3.9 SMART Qualifications, smartqualifications.com are not liable and will never be liable for you and your usage of SMART Qualifications, smartqualifications.com.
3.10 All information you provide to SMART Qualifications, smartqualifications.com is held in accordance to the DATA Protection ACT 1998
3.11 When booking any course please ensure that you have sufficient funds and means of payment.
3.12 When using our personal payment plan please note that all payments, the total course fee must be paid and funds must be cleared before you can or will receive any certificate.
3.13 All paid deposits must be cleared before any access to course material, training and assessments will be provided by SMART Qualifications, smartqualifications.com.
3.14 Payments plans are designed for your needs and are not to be shared with any third party.
3.15 Payments for specific units must be paid and funds must be cleared prior to access of any course material, unit material, assessment process and/or training is provided.
3.16 All deposits are non returnable.
3.17 Once any access to course material, learner support, training or assessment has taken place no refunds can be requested or will be given by SMART Qualifications, smartqualifications.com.
3.18 Once access to course material, learner support, training, training days, tutor support, or assessment has taken place ( any part of the course has been accessed) the total course fee must be paid to SMART Qualifications, smartqualifications.com. SMART Qualifications will deem to recover any outstanding debts via a collection agency.
3.19 You have 14 days (the 14 days including a Saturday and Sunday) to cancel your booking with SMART Qualifications, smartqualifications.com as long as you have not accessed any part of the course, course material, obtained any learner support for the course you are enrolled, participated in any training including training days, and or taken any assessment with. All deposits are NON refunderable and therefore do not make up part of the 14 day cooling off period.
3.20 All courses are outlined by SMART Qualifications, smartqualifications.com website and any other information will be provided on request.
3.21 You must ensure that you have the means to undertake the required assessment and that you adhere to the assessment protocol which will be provided on booking and attending and assessment. Failure to adhere to all and any given, provided protocol will induce an instant referral and or dismissal from the course.
3.22 When you the learner must provide client(s) and or participant(s) for your assessment process you must ensure that this provision is upheld. Should you not uphold this provision, clause 3.22, you will be issued with an automatic referral on the assessment.
3.23 All training days, events, must be booked and paid for by you the learner 14 days before the day and or event. All payments are made to SMART Qualifications, smartqualifications.com and must be cleared funds 14 days before the provided date.
3.24 All assessments, assessment days must be booked and paid for by you the learner 14 days before the assessment, assessment day, and the event. All payments are made to SMART Qualifications, smartqualifications.com and must be cleared funds 14 days before the provided date. SMART Qualifications will not process any certificates until the total cost of the course has been reveived.
3.25 Training and assessments are covered in the course cost however there will be an additional fee for any resist papers and practical assessments. There may be additional fees incurred when choosing your own venue to cover hire and travel costs.
3.26 Cancellation of training days and/or events must be given, provided by you the learner 14 days in advance of the date. This must be in writing with acknowledgement of receipt from SMART Qualifications.
3.27 Cancellation for all assessments and/or assessment days and events must be given, provided, by you the learner, 14 days in advance of the date. This must be in writing with acknowledgement of receipt from SMART Qualifications.
3.28 Should cancellation notification not be provided by you the learner before the 14 days run up to the date of the training days and/or events, no refund will be given and a rebooking fee, the whole fee for the training day/event, will have to be paid in full by you the learner before a new date will be provided.
3.29 Should cancellation notification not be provided by you the learner before the 14 days run up to the date of the assessment and/or assessment day/event no refund will be given and a rebooking fee, the whole fee for the assessment, assessment day, event, will have to be paid in full by you the learner before a new date will be provided.
3.30 Cancellations for training days, assessments, assessment days and/or events, where a doctors certificate is provided within 14 days prior to the intended date, SMART Qualifications, smartqualifications.com may consider a reduced rebooking fee. No other request can be submitted as all other, and not limited to relate to clauses 3.22; 3.23; 3.24; 3.25; 3.26; 3.27.
3.31 You the learner must pay, provide payment for all re-sits. This includes and is not limited to any part of the course and assessment process. All re-sit fees will be given, provided to you the learner from SMART Qualifications, smartqualifications.com in advance with sufficient notice and booking will be made on receipt of payment and cleared funds to SMART Qualifications, smartqualifications.com.
3.32 SMART Qualifications, smartqualifications.com reserve the right to cancel any training, training day, assessment, assessment day, event up to 24 hours prior. SMART Qualifications, smartqualifications.com will not charge you the learner for the rebooking, if we SMART Qualifications, smartqualifications.com, cancel reschedule the booking, however SMART Qualifications, smartqualifications.com will not be held liable, pay, refund, any monies to you the learner or any client(s) and or participant(s).
3.33 SMART Qualifications, smartqualifications.com are not liable for the costs incurred by you the learner taking part in and or providing any client(s) and or participant(s) to any training days, assessment, assessment days and events. All fees are accountable by you the learner. This includes and is not limited to travel expenses, overnight stays and equipment where applicable.
3.34 If you the learner fail to attend any booked training, training days, assessment, assessment days, and events no refund or transfer of date will be given. You the learner must provide payment in full when booking onto another scheduled training, training days, assessment, assessment days, and events.
3.35 If you the learner are found to be aggressive, abusive, threatening, towards any members, staff, sub-contracted staff, management, assessors, tutors, internal verifiers, members of the public of SMART Qualifications, smartqualifications.com, via telephone, face to face, email, chat, reviews and posts, including all communication, and not limited to, you will be immediately dismissed from SMART Qualifications, smartqualifications.com as a learner.
3.36 You the learner will adhere to our equality and diversity policy at all times.
3.37 Any compliments, suggestions or complaints must be made, given, provided using the procedure provided in the compliments, suggestions and complaints policy.
3.38 You the learner must not cause, induce, or be party to any malpractice and maladministration as stated in the Malpractice and Maladministration policy.
3.39 All learners will provide a form of identification prior to commencing any course and on and at each schedule training, training day, assessment, assessment day and event.
3.40 SMART Qualifications, smartqualifications.com has the right to refuse any course booking by you and or third party booking on your behalf.
3.41 Should you the learner wish to appeal against any assessment result you must complete the appeal document as given in the induction booklet in accordance with the appeals policy. Failure to complete the document and follow the correct proceedings may result in the appeal not being dealt with and you will have to retake the assessment.
3.42 You the learner must attend 90% of all the classroom face to face training days that are mandatory to the ‘said’ course. Failure to attend the mandatory classroom training days will mean that you have not completed the requirements and therefore will have to attend the next scheduled course.
3.43 Assessments cannot be taken without attending the classroom face to face mandatory days.
3.44 Assessments cannot be taken if you the learner has not completed the mandatory learning be it face to face classroom learning, e- learning, distance learning, mentor learning, list not exhausted.
3.45 Only coupon/discount codes issued by Smart Qualifications Limited can be used on smartqualifications.com. Coupon/discount codes are only valid when payment is made in full at the time of purchase of any course, they are not valid on purchases made utilising any payment plan options, unless specifically stated by Smart Qualifications Limited. Coupon/discount codes cannot be used/applied retrospectively on any purchase. All coupon/discount codes are valid at the sole discretion of Smart Qualifications Limited and maybe withdrawn at anytime without notice. Coupon/discount codes have no monetary value. Only one coupon/discount code can be used on any purchase, they are not stackable.
3.45.1. USING YOUR DISCOUNT VOUCHER
3.45.2 These terms and conditions (together with any relevant and referenced documents, including the Website terms of use) set out the terms relating to the redemption of Promotional Discount Voucher. The details of the promotional discount will be set out in the description of the specific promotion and the specific terms and conditions for the Discount Voucher. Please note that our standard terms and conditions of sale apply in respect of any orders placed using Discount Voucher and the Website terms of use for using our site also apply.
3.45.3 By confirming your order using the Discount Voucher, you are accepting these terms and conditions. Any terms which you seek to impose in respect to the order for Discount through this site will not form part of any contract between us. Please read these terms and conditions carefully before confirming your order. If you have any queries on these terms, please contact us before ordering using a Discount Voucher.
3.45.4 To the extent that there is any conflict or inconsistency between these terms and conditions and the Privacy Policy, the following order of precedence will apply:
- Product terms and conditions of sale
- Promotional Discount Voucher terms and conditions;
- Website terms of use;
- Privacy Policy.
3.45.5 We recommend that you print a copy of these terms and conditions for your future reference.
3.46 TERMS RELATING TO THE REDEMPTION OF DISCOUNT VOUCHER
3.46.1 How to Redeem Discount Voucher – You must enter the code shown on the Discount Voucher when placing your order online during checkout.
3.46.2 Only one Discount Voucher can be used per order of Product.
3.46.3 You cannot use a Discount Voucher in conjunction with any other sales discounts or promotional offers, unless the specific terms relating to the Promotional Discount Codes state that you can combine the Promotional Discount code with other offers.
3.46.4 Discount Vouchers can only be used ONCE per customer unless clearly stated.
3.46.4.1 Discount Vouchers are NOT applicable to subscription products or reoccurring billing products.
3.46.5 The Discount Voucher will expire on the date specified in the specific terms relating to the Discount Voucher, or before subject to availability of which we will notify you via the website. You cannot use the Promotional Discount Voucher after this date.
3.46.6 Discount Vouchers have no cash redemption value.
3.46.7 Our standard terms and conditions of sale apply in respect of any orders placed using Discount Vouchers and the Website terms of use for using our site also apply.
3.46.8 We reserve the right to vary or discontinue the Discount Voucher scheme at any time.
3.47. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
3.47.1 We have the right to revise and amend these terms and conditions of sale to reflect changes affecting our business, changes in technology, changes in payment methods, changes in relevant laws, and regulatory requirements and changes in our site’s capabilities.
3.47.2 You will be subject to the policies and terms and conditions of sale at the time that you use your Discount Voucher, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
3.48 LAW AND JURISDICTION
These terms and conditions will be governed the Law of England & Wales.
4. SITE UPTIME
4.1 We take all reasonable steps to ensure that smartqualifications.com website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
4.2 SMART Qualifications, smartqualifications.com website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
5. VISITOR CONDUCT
5.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
5.2 When using SMART Qualifications, smartqualifications.com website you shall not post or send to or from smartqualifications.com website any material:
(a) For which you have not obtained all necessary consents;
(b) That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
5.3 SMART Qualifications, smartqualifications.com will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.2.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Any links to third party websites located on our SMART Qualifications, smartqualifications.com website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
6.2 If you would like to link to SMART Qualifications, smartqualifications.com website, you may only do so on the basis that you link to, but do not replicate, any page on this SMART Qualifications, smartqualifications.com website, and subject to the following conditions:
(a) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) You do not misrepresent your relationship with us or present any false information about us;
(c) You do not link from a website that is not owned by you; and
(d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
(e) You obtain permission from SMART Qualifications, smartqualifications.com.
6.3 If you choose to link to our SMART Qualifications, smartqualifications.com website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
7. DISCLAIMER
7.1 SMART Qualifications, smartqualifications.com take all reasonable steps to ensure that the information provided by SMART Qualifications, smartqualifications.com including and not limited to SMART Qualifications, smartqualifications.com website is correct. However, we do not guarantee the correctness or completeness of material on SMART Qualifications, smartqualifications.com website. We may make changes to the material provided by SMART Qualifications, smartqualifications.com, including and not limited to SMART Qualifications, smartqualifications.com website at any time and without notice. The material provided by SMART Qualifications, smartqualifications.com, including and not limited to SMART Qualifications, smartqualifications.com website website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
7.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these terms and conditions may have effect in relation to this Website.
8. EXCLUSION OF LIABILITY
8.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
8.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
9. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
These terms and conditions govern your use of, SMART Qualifications, smartqualifications.com including but not limited to SMART Qualifications, smartqualifications.com website, learning material, e-learning, face to face training, individual learning, learner and group support, group learning, group training, learner support, assessment processes, and assessment days. Please read the terms and conditions in full before you use this, our SMART Qualifications website, smartqualifications.com. If you do not accept these terms and conditions please do not use this website. Using our SMART Qualifications website, smartqualifications.com implies that you accept these terms and conditions which are legally binding. We do occasionally update these terms so please refer back to them in the future.
1. SITE ACCESS
1.1 You will be able to access the majority of our SMART Qualifications website, smartqualifications.com, without having to register any details with SMART Qualifications, smartqualifications.com. However, particular areas of our website will only be accessible, if necessary, once you are a registered learner with SMART Qualifications, smartqualifications.com.
2. USE OF WEBSITE AND MATERIAL
2.1 You are permitted to use our SMART Qualifications website, smartqualifications.com for your own purposes only and to print and download material from SMART Qualifications website, smartqualifications.com provided that you do not modify any content without our consent. All the material on our SMART Qualifications website, smartqualifications.com must not be republished online or offline without our permission.
2.2 The copyright and other intellectual property rights in all material on this Website are owned by SMART Qualifications, smartqualifications.com or by our licensors and must not be reproduced without our prior consent.
2.3 Subject to paragraph 2.1, no part of SMART Qualifications website, smartqualifications.com or any material provided by SMART Qualifications, smartqualifications.com may be reproduced without our prior written permission.
2.4 To use SMART Qualifications website, smartqualifications.com or any material provided by SMART Qualifications you must be over 18 years of age. Any persons aged 16 to 18 years of age must provide SMART Qualifications, smartqualifications.com with a third party endorsement from a parent, guardian or career.
2.5 Courses can be booked via SMART Qualifications website, smartqualifications.com or by post to SMART Qualifications; smartqualifications.com at an address that will be provided after the initial enquiry form has been completed.
3. LEARNING, COURSES, COURSE BOOKINGS, TRAINING, ASSESSMENTS PAYMENTS AND CANCELLATIONS
3.1 Courses can be booked and payment can be made via SMART Qualifications website, smartqualifications.com or by post to SMART Qualifications; smartqualifications.com, at an address that will be provided after the initial enquiry form has been completed.
3.2 You are required to complete our SMART Qualifications, smartqualifications.com induction booklet.
3.3 You must provide SMART Qualifications, smartqualifications.com with all required details including but not limited to, your name, email address, address, date of birth. All gathered information will be stored by SMART Qualifications, smartqualifications.com in accordance to the DATA Protection ACT 1998.
3.4 Gathered information will be given to the e-learning provider and the awarding body in accordance to the DATA Protection ACT 1998.
3.5 You must complete the SMART Qualifications, smartqualifications.com induction booklet and return a copy to SMART Qualifications, smartqualifications.com before course enrolment will take place.
3.6 You are required to ensure that you have access to a computer or laptop and printer before enrolling on any course provided by SMART Qualifications, smartqualifications.com.
3.7 SMART Qualifications, smartqualifications.com do not and never will take any responsibility for your computer, laptop and printer or any other item used to access material provided by SMART Qualifications, smartqualifications.com.
3.8 When using any material and/or website provided by SMART Qualifications, smartqualifications.com, you are using all, without limitation, at your own risk.
3.9 SMART Qualifications, smartqualifications.com are not liable and will never be liable for you and your usage of SMART Qualifications, smartqualifications.com.
3.10 All information you provide to SMART Qualifications, smartqualifications.com is held in accordance to the DATA Protection ACT 1998
3.11 When booking any course please ensure that you have sufficient funds and means of payment.
3.12 When using our personal payment plan please note that all payments, the total course fee must be paid and funds must be cleared before you can or will receive any certificate.
3.13 All paid deposits must be cleared before any access to course material, training and assessments will be provided by SMART Qualifications, smartqualifications.com.
3.14 Payments plans are designed for your needs and are not to be shared with any third party.
3.15 Payments for specific units must be paid and funds must be cleared prior to access of any course material, unit material, assessment process and/or training is provided.
3.16 All deposits are non returnable.
3.17 Once any access to course material, learner support, training or assessment has taken place no refunds can be requested or will be given by SMART Qualifications, smartqualifications.com.
3.18 Once access to course material, learner support, training, training days, tutor support, or assessment has taken place ( any part of the course has been accessed) the total course fee must be paid to SMART Qualifications, smartqualifications.com. SMART Qualifications will deem to recover any outstanding debts via a collection agency.
3.19 You have 14 days (the 14 days including a Saturday and Sunday) to cancel your booking with SMART Qualifications, smartqualifications.com as long as you have not accessed any part of the course, course material, obtained any learner support for the course you are enrolled, participated in any training including training days, and or taken any assessment with. All deposits are NON refunderable and therefore do not make up part of the 14 day cooling off period.
3.20 All courses are outlined by SMART Qualifications, smartqualifications.com website and any other information will be provided on request.
3.21 You must ensure that you have the means to undertake the required assessment and that you adhere to the assessment protocol which will be provided on booking and attending and assessment. Failure to adhere to all and any given, provided protocol will induce an instant referral and or dismissal from the course.
3.22 When you the learner must provide client(s) and or participant(s) for your assessment process you must ensure that this provision is upheld. Should you not uphold this provision, clause 3.22, you will be issued with an automatic referral on the assessment.
3.23 All training days, events, must be booked and paid for by you the learner 14 days before the day and or event. All payments are made to SMART Qualifications, smartqualifications.com and must be cleared funds 14 days before the provided date.
3.24 All assessments, assessment days must be booked and paid for by you the learner 14 days before the assessment, assessment day, and the event. All payments are made to SMART Qualifications, smartqualifications.com and must be cleared funds 14 days before the provided date. SMART Qualifications will not process any certificates until the total cost of the course has been reveived.
3.25 Training and assessments are covered in the course cost however there will be an additional fee for any resist papers and practical assessments. There may be additional fees incurred when choosing your own venue to cover hire and travel costs.
3.26 Cancellation of training days and/or events must be given, provided by you the learner 14 days in advance of the date. This must be in writing with acknowledgement of receipt from SMART Qualifications.
3.27 Cancellation for all assessments and/or assessment days and events must be given, provided, by you the learner, 14 days in advance of the date. This must be in writing with acknowledgement of receipt from SMART Qualifications.
3.28 Should cancellation notification not be provided by you the learner before the 14 days run up to the date of the training days and/or events, no refund will be given and a rebooking fee, the whole fee for the training day/event, will have to be paid in full by you the learner before a new date will be provided.
3.29 Should cancellation notification not be provided by you the learner before the 14 days run up to the date of the assessment and/or assessment day/event no refund will be given and a rebooking fee, the whole fee for the assessment, assessment day, event, will have to be paid in full by you the learner before a new date will be provided.
3.30 Cancellations for training days, assessments, assessment days and/or events, where a doctors certificate is provided within 14 days prior to the intended date, SMART Qualifications, smartqualifications.com may consider a reduced rebooking fee. No other request can be submitted as all other, and not limited to relate to clauses 3.22; 3.23; 3.24; 3.25; 3.26; 3.27.
3.31 You the learner must pay, provide payment for all re-sits. This includes and is not limited to any part of the course and assessment process. All re-sit fees will be given, provided to you the learner from SMART Qualifications, smartqualifications.com in advance with sufficient notice and booking will be made on receipt of payment and cleared funds to SMART Qualifications, smartqualifications.com.
3.32 SMART Qualifications, smartqualifications.com reserve the right to cancel any training, training day, assessment, assessment day, event up to 24 hours prior. SMART Qualifications, smartqualifications.com will not charge you the learner for the rebooking, if we SMART Qualifications, smartqualifications.com, cancel reschedule the booking, however SMART Qualifications, smartqualifications.com will not be held liable, pay, refund, any monies to you the learner or any client(s) and or participant(s).
3.33 SMART Qualifications, smartqualifications.com are not liable for the costs incurred by you the learner taking part in and or providing any client(s) and or participant(s) to any training days, assessment, assessment days and events. All fees are accountable by you the learner. This includes and is not limited to travel expenses, overnight stays and equipment where applicable.
3.34 If you the learner fail to attend any booked training, training days, assessment, assessment days, and events no refund or transfer of date will be given. You the learner must provide payment in full when booking onto another scheduled training, training days, assessment, assessment days, and events.
3.35 If you the learner are found to be aggressive, abusive, threatening, towards any members, staff, sub-contracted staff, management, assessors, tutors, internal verifiers, members of the public of SMART Qualifications, smartqualifications.com, via telephone, face to face, email, chat, reviews and posts, including all communication, and not limited to, you will be immediately dismissed from SMART Qualifications, smartqualifications.com as a learner.
3.36 You the learner will adhere to our equality and diversity policy at all times.
3.37 Any compliments, suggestions or complaints must be made, given, provided using the procedure provided in the compliments, suggestions and complaints policy.
3.38 You the learner must not cause, induce, or be party to any malpractice and maladministration as stated in the Malpractice and Maladministration policy.
3.39 All learners will provide a form of identification prior to commencing any course and on and at each schedule training, training day, assessment, assessment day and event.
3.40 SMART Qualifications, smartqualifications.com has the right to refuse any course booking by you and or third party booking on your behalf.
3.41 Should you the learner wish to appeal against any assessment result you must complete the appeal document as given in the induction booklet in accordance with the appeals policy. Failure to complete the document and follow the correct proceedings may result in the appeal not being dealt with and you will have to retake the assessment.
3.42 You the learner must attend 90% of all the classroom face to face training days that are mandatory to the ‘said’ course. Failure to attend the mandatory classroom training days will mean that you have not completed the requirements and therefore will have to attend the next scheduled course.
3.43 Assessments cannot be taken without attending the classroom face to face mandatory days.
3.44 Assessments cannot be taken if you the learner has not completed the mandatory learning be it face to face classroom learning, e- learning, distance learning, mentor learning, list not exhausted.
3.45 Only coupon/discount codes issued by Smart Qualifications Limited can be used on smartqualifications.com. Coupons/discount codes are only valid when payment is made in full at the time of booking. Coupon/discount codes cannot be used retrospctively on a purchase
4. SITE UPTIME
4.1 We take all reasonable steps to ensure that smartqualifications.com website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
4.2 SMART Qualifications, smartqualifications.com website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.
5. VISITOR CONDUCT
5.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
5.2 When using SMART Qualifications, smartqualifications.com website you shall not post or send to or from smartqualifications.com website any material:
(a) For which you have not obtained all necessary consents;
(b) That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
(c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
5.3 SMART Qualifications, smartqualifications.com will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 5.2.
6. LINKS TO AND FROM OTHER WEBSITES
6.1 Any links to third party websites located on our SMART Qualifications, smartqualifications.com website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
6.2 If you would like to link to SMART Qualifications, smartqualifications.com website, you may only do so on the basis that you link to, but do not replicate, any page on this SMART Qualifications, smartqualifications.com website, and subject to the following conditions:
(a) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
(b) You do not misrepresent your relationship with us or present any false information about us;
(c) You do not link from a website that is not owned by you; and
(d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
(e) You obtain permission from SMART Qualifications, smartqualifications.com.
6.3 If you choose to link to our SMART Qualifications, smartqualifications.com website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
7. DISCLAIMER
7.1 SMART Qualifications, smartqualifications.com take all reasonable steps to ensure that the information provided by SMART Qualifications, smartqualifications.com including and not limited to SMART Qualifications, smartqualifications.com website is correct. However, we do not guarantee the correctness or completeness of material on SMART Qualifications, smartqualifications.com website. We may make changes to the material provided by SMART Qualifications, smartqualifications.com, including and not limited to SMART Qualifications, smartqualifications.com website at any time and without notice. The material provided by SMART Qualifications, smartqualifications.com, including and not limited to SMART Qualifications, smartqualifications.com website website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
7.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these terms and conditions may have effect in relation to this Website.
8. EXCLUSION OF LIABILITY
8.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
8.2 Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
9. GOVERNING JURISDICTION
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales
