Effective: April 2024

These terms and conditions (together with our Privacy Notice, Terms and Conditions of Website Use and Acceptable Use Policy) will apply to any agreement between us for the provision to you of our online training courses (Courses) to you (Agreement). Please review them all carefully and make sure that you understand them before booking any Courses from www.eliteskillsacademy.co  (Site). 

Please note that before you make a booking you will be asked to agree to these Terms and Conditions. If you refuse to agree to any of these Terms and Conditions, you will not be able to book any Courses from our Site.

  1. Information about us

1.1 We are Elite Skills Academy, a company registered in England and Wales under company number 15056722 and with our registered office at, 3 Balaam Street, Plaistow, United Kingdom, E13 8EB which is also our main trading address. We maintain worldwide professional liability insurance.

1.2 You may contact us by telephoning our customer service team at 0208 187 2588 or by emailing us at training@eliteskillsacademy.co . If you would like to give us formal notice of any matter in accordance with these Terms and Conditions, please see how to do this at clause 13.   

  1. Our Courses

2.1 The images of the courses displayed on our website, which include online training courses and related materials, are intended for illustrative purposes only. While we have endeavoured to accurately represent the colours, types of questions, and information provided, we cannot ensure that your computer’s display will precisely reflect the colours of the courses, or that the questions and information will match exactly. Your actual courses may differ slightly from the images shown.

2.2 Our telephone support service is available to customers from 9am to 5pm (UK time) on Mondays through Fridays, excluding UK bank holidays. Beyond these hours, an answering service is in place.

2.3 The copyright and all other intellectual property rights concerning our Courses, their content, and associated materials are exclusively owned by us. Without obtaining a written licence from us, you are prohibited from copying or reproducing any part of them.

2.4 We only supply the Courses for internal use by you or others within your business or organisation, and you agree not to use them or permit them to be used for any resale purposes. 

  1. Use of our siteYour use of our Site is governed by our Terms and Conditions of Use and Website Acceptable Use Policy. Please take the time to read these, as they include important Terms and Conditions which apply to you and our Agreement.

  2. How we use your personal information

4.1 Unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing will apply: (Data Protection Laws). 

4.2 Both you and we must comply with all applicable requirements of the Data Protection Laws. 

4.3 By entering into this agreement, you consent to our processing of the personal data you provide in accordance with our Privacy Notice. You affirm that any data you supply will be accurate. If you are acting as a business and providing individuals’ details, you assert that you have the authority to process the personal data provided and that we are authorised to process the data on your behalf, as required by Data Protection Laws. Furthermore, you agree that we, along with you, operate as “joint data controllers” and are authorised to process the data for the specified purposes.

4.4 As joint data controllers, we and you warrant to consistently abide by the Data Protection Laws. Additionally, we and you individually warrant the following:  

  1. solely process shared personal data for the designated purpose, which entails providing online training and reporting via our Website and Learning Management System;
  2. refrain from disclosing or granting access to shared personal data to anyone other than you or us;
  3. ensure that all shared personal data remains accurate, current, and is collected, processed, stored, and transferred in compliance with applicable laws at all times;
  4. verify that all data subjects have received adequate information for fair, transparent, and lawful processing, and that both parties, you and we, possess the necessary permissions and consents to share the personal data with each other; 
  5. the transfer of shared personal data should be carried out securely using appropriate technical and organisational security measures, conforming to the obligations of each data controller under Data Protection Laws, including but not limited to GDPR Arts 45, 46, 49, and related recitals;
  6. maintain updated and accurate notices and records, and allow the other joint data controller periodic access to such notices and records;
  7. avoid, through any action or inaction, causing the other joint data controller (or any other individual) to breach any Data Protection Laws;
  8. promptly notify (within 24 hours, at the latest) the joint data controller upon becoming aware of: 
  9. Any alteration of circumstances that could potentially affect the lawfulness of processing the shared personal data, whether perceived or alleged.
  10. Any modifications in consent or other requests made by data subjects regarding the shared personal data.

iii. Any inaccuracies detected in the shared personal data.

  1. Any complaints received concerning the shared personal data.
  2. Any instance of a personal data breach, including the obligation to notify the Data Protection Supervisory Authority and/or data subjects affected or linked to any shared personal data.
  3. Retain its obligations concerning shared data received and promptly collaborate, providing reasonable assistance, information, and records to facilitate mutual compliance with Data Protection Laws. This extends to addressing all complaints and requests from data subjects.

4.5 You confirm that you have read and accepted our Privacy Notice, and you consent to the processing of your data based on its terms. Additionally, you acknowledge your rights and responsibilities outlined in the Privacy Notice in accordance with the GDPR.

  1. Our Agreement

5.1 You affirm that you possess adequate authority to legally bind any business on whose behalf you utilise our Site to enrol in any Courses. 

5.2 This Agreement, inclusive of any referenced documents such as the Privacy Notice, Terms and Conditions of Website Use, and Website Acceptable Use Policy, constitutes the entire understanding between you and us. It overrides and nullifies all prior agreements, assurances, warranties, representations, and understandings, whether oral or written, regarding its subject matter. 

5.3 By entering into this Agreement, you acknowledge that you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not explicitly outlined in these Terms and Conditions or any referenced document such as our Privacy Notice, Terms and Conditions of Website Use, and Website Acceptable Use Policy. 

5.4 Both parties mutually agree that neither shall hold the other liable for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement. 

  1. How the Agreement is formed between you and us

6.1 Navigating through our Course selection pages will lead you through the necessary steps to place an order with us. Our ordering process enables you to review and correct any errors before finalising your order submission. We kindly ask you to carefully review and verify your order at each stage of the process.

6.2 Upon placing your order, you will receive an email confirmation acknowledging receipt of your order. It’s important to note that this acknowledgment does not signify acceptance of your order. Our acceptance of your order is contingent upon the conditions outlined in clause 6.3.

6.3 We will formally accept your order by sending you an email confirming the delivery of your course (Confirmation Email). The formation of the Agreement between us will occur upon our dispatch of the Confirmation Email.

6.4 In the event that we are unable to provide you with a Course, perhaps due to its unavailability or a pricing error on our Site as referenced in clause 9.5, we will notify you via email. Subsequently, we will refrain from further processing your order. If payment has already been made for the Courses, we will promptly issue a full refund. 

  1. Our right to modify these Terms and Conditions

7.1 These Terms and Conditions are subject to periodic review and modification by us. Please refer above to check the date of the last update of these Terms and Conditions.

7.2 Each time you place an order for Courses with us, the Terms and Conditions in force at the time of your order will govern the Agreement between you and us.

7.3 We periodically review and may adjust these Terms and Conditions as they relate to your order to reflect changes in regulatory requirements and relevant laws. In such instances, we will notify you accordingly.

  1. Delivery

8.1 Our Courses are exclusively electronic, and access to them will be facilitated through login details provided in the Confirmation Email. On rare occasions, external events may impact our delivery to you. Please refer to clause 12 for insights into our obligations during such circumstances.

8.2 Order delivery will be considered fulfilled once we provide you with login credentials to the email address provided by you.  

  1. Price of Courses and other fees

9.1 The prices of our Courses are as displayed on our Site at the time of your order submission. We take diligent measures to ensure the accuracy of Course prices upon system entry. However, please refer to clause 9.5 for our protocol if a pricing error is detected for the Course(s) you have selected.

9.2 Course prices may undergo occasional variations, but such changes will not affect any previously placed orders. 

9.3 The Course price includes VAT at the prevailing rate applicable in the UK at the time of purchase. However, if the VAT rate changes between the order date and delivery date, we will adjust the VAT accordingly, unless full payment has been made before the VAT alteration comes into effect.

9.4 Our Courses do not incur delivery charges, although we may apply processing fees for certain payment methods, the details of which will be communicated to you prior to placing your order.

9.5 Our Site features numerous Courses, and despite our diligent efforts, pricing errors may occur. Should we identify an error in the price of the Courses you have requested, we will promptly notify you and offer the option to proceed with the purchase at the correct price or cancel the order. We will refrain from processing your order until we receive your instructions. If we are unable to reach you using the provided contact information during the ordering process, we will consider the order cancelled and notify you accordingly in writing. Please be aware that if a pricing error is glaringly obvious and could reasonably have been recognised by you, we are not obligated to provide the Courses at the incorrect (lower) price. 

  1. How to pay

10.1 You may make payments for Courses using debit cards, credit cards, PayPal or Stripe. Accepted cards include Mastercard, Visa, Visa Electron, and American Express.

10.2 Upon mutual agreement, you may request an invoice for Course delivery and proceed with payment via bank transfer or cheque.  

10.3 Payment made for our courses, including any applicable processing fees, is typically made in advance. Your debit or credit card will not be charged until we provide login details for the Courses you’ve ordered.

10.4 Payment for the Course fees is required within 30 days from the invoice date. We retain the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1998 on overdue fees and to suspend Course access until payment is received. Certificates for completed training will only be issued upon full payment for the Courses. 

  1. Liability

11.1 Our liability is not limited or excluded for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation.

11.2 Except as stated in clause 11.1, we shall not be held liable to you under any circumstances, including but not limited to Agreement, tort (including negligence), breach of statutory duty, or any other legal basis arising from or related to the Agreement for:

  1. any loss of profits, sales, business, or revenue;
  2. loss or corruption of data, information or software;
  3. loss of business opportunity;
  4. loss of anticipated savings;
  5. loss of goodwill; or
  6. any indirect or consequential loss.

11.3. Subject to clause 11.1, our total liability to you shall not exceed the price of the Courses, except where provided for by our professional liability insurance.

11.4 With the exception of what is explicitly outlined in these Terms and Conditions, we do not provide any representations, warranties, or assurances regarding the Courses. Any implied or statutory representations, conditions, or warranties are fully excluded to the extent permitted by law. Specifically, we do not bear responsibility for ensuring the suitability of the Courses for your intended purposes or those of any learner within your organisation. 

  1. Events outside our control

12.1 We shall not be held liable or accountable for any inability to fulfil, or delay in fulfilling, our obligations under the Agreement due to circumstances beyond our control, as outlined in clause 12.2, termed as an “Event Outside Our Control.”

12.2 An Event Outside Our Control refers to any occurrence or circumstance beyond our reasonable control, including but not limited to strikes, lockouts, or other industrial actions by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorism, declared or undeclared wars, or preparations for war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other natural disasters, as well as failures of public or private telecommunications networks or third-party online cloud computing platforms.

12.3 If circumstances arise beyond our control that affect our ability to fulfil our obligations to you:

  1. we will promptly notify you of any such occurrence; and
  2. our responsibilities will be temporarily suspended, and the deadline for fulfilling our obligations will be extended for the duration of the uncontrollable event. If this event impacts the delivery of your courses, we will coordinate a new delivery schedule with you once the situation is resolved.

12.4 You have the option to cancel an order affected by an uncontrollable event that persists for more than 30 days.

  1. Communications between us

13.1 In these Terms and Conditions, references to “in writing” include communication via email.

13.2 In relation to notices and communications:

  1. Correspondence must be in written form and can be delivered in person, through pre-paid first-class post, next working day delivery service, or email.
  2. Notice is considered received: if delivered in person, upon reception at our registered office; if sent via post or delivery service, at 9:00 am on the second Business Day following dispatch; if transmitted by email, one Business Day after sending.
  3. Proof of service can be established by showing that the letter was correctly addressed, stamped, and posted or that the email was sent to the designated address.
  4. This clause does not cover the service of legal proceedings or other documents related to legal actions. 
  1. Other important Terms and Conditions

14.1 We reserve the right to transfer our rights and responsibilities under this Agreement to another organisation. However, this action will not impact your rights or our obligations outlined in these Terms and Conditions. 

14.2 You are permitted to transfer your rights or obligations under these Terms and Conditions to another individual only with our written consent. 

14.3 This Agreement is exclusively between you and us. No other individual or entity shall have the authority to enforce any provisions outlined in these Terms and Conditions, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 

14.4 Each paragraph within these Terms and Conditions functions independently. If any court or relevant authority deems any paragraph unlawful or unenforceable, the remaining paragraphs will remain valid and enforceable.

14.5 Our failure to enforce your obligations under this Agreement, or our decision to delay enforcement, does not constitute a waiver of our rights. If we choose to waive a default by you, it will only be done in writing and will not automatically waive any future defaults by you.

14.6 Any dispute or claim arising from this Agreement or its subject matter shall be governed by the laws of England and Wales and construed accordingly. 

14.7 We mutually agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim arising from or relating to this Agreement or its subject matter. 

THE FOLLOWING ADDITIONAL CLAUSES ONLY APPLY IF YOU ARE A CONSUMER:

  1. Your right to cancel

15.1 According to the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013, you possess a legal entitlement to cancel an Agreement within 14 days after receiving a Confirmation Email from us. Within this timeframe, if you choose to cancel the Agreement for any reason, you can inform us of your decision and receive a refund, provided that any issued certificates are returned to us. Guidance on your legal right to cancel the Agreement can be obtained from your local Citizens’ Advice Bureau or Trading Standards office.

15.2 To exercise your right to cancel the Agreement as outlined in clause 15.1, you simply need to inform us of your decision to cancel. You can do so by sending an email to compliance@eliteskillsacademy.co, contacting our Customer Services team by telephone, or sending a written notice to our postal address. When notifying us via email or mail, please include comprehensive details of your order to facilitate identification. If you choose to send your cancellation notice by post or email, the cancellation will be deemed effective from the date we receive your letter or email.

  1. Your consumer right of return and refund

16.1 It is our legal obligation to provide Courses that align with the terms of this Agreement. As a consumer, you retain legal entitlements concerning Courses that are defective or do not match their description. These legal rights remain unaffected by your ability to cancel the Agreement under clause 15 or any other rights outlined in the Agreement.

16.2 In instances where Courses fail to meet the required standards, we typically endeavour to promptly issue a full refund for the Course price. This refund is typically processed back to the debit or credit card initially used for payment, or via an alternative method subject to mutual agreement and consideration of your original payment method. 

  1. Your implied rights

17.1 Our liability for any breach of the terms and conditions implied by the Consumer Rights Act 2015, including those related to digital content conformity with its description, fitness for purpose, and satisfactory quality, is not excluded or limited in any manner.

  1.  Accessibility for Users with Disabilities

18.1 At Elite Skills Academy, we are committed to ensuring that our online learning platform is accessible to all individuals, including those with disabilities such as visual or audio impairments and dyslexia. To support this commitment, we provide a voiceover feature for all courses available on our website. This feature allows users to play a voiceover for each part of our course content, ensuring an inclusive learning experience for everyone. If you require additional assistance or have specific accessibility needs, please contact our support team for further support and accommodations.

18.2 All our courses are taught online; there are no courses taught at a physical premises therefore there is no wheelchair access available. Elite Skills Academy will, wherever and however possible, attempt it’s best to cater to individuals with disabilities to the best of its ability.

  1.  Equality, Diversity, and Inclusion

19.1 Elite Skills Academy is dedicated to promoting equality, diversity, and inclusion in all aspects of our online CPD courses. We believe that every learner, regardless of race, ethnicity, gender, age, disability, sexual orientation, religion, or any other characteristic, should have equal access to educational opportunities and resources. We strive to create an inclusive learning environment that respects and values diverse perspectives, experiences, and abilities. We are committed to:

  1. Providing a welcoming and supportive environment for all learners.
  2. Ensuring our course content and materials are accessible and inclusive.
  3. Addressing and preventing any form of discrimination, harassment, or bias.

19.2 If you have any concerns or require specific accommodations to support your learning experience, please contact our support team. We are here to assist you and ensure that you have a positive and enriching educational journey with Elite Skills Academy. You can reach out to us on training@eliteskillsacademy.co.