Privacy Statement
Summary
Scope

This notice provides a summary of the full learndirect Privacy Statement. Both the notice and the learndirect Privacy Statement apply to information collected by learndirect Limited via the www.learndirect.com website and in any manner described in the learndirect Privacy Statement.

Part A applies if you enrol as a learner on a learndirect course
Part B applies if you are purchasing online Course Materials

Part A
Personal Information

We collect personal data about you when you enrol as a learner. (Further Information). At enrolment, we may ask you for sensitive personal dataand for your consent to use it for a specific purpose. If you do not wish to provide this information, you may select the Not Known/Not Provided or Prefer not to say option.

We share some of your personal data with the Skills Funding Agency. The SFA through their Learner Registration Service allocates Unique Learner Numbers (ULNs) which enable individuals to access their participation and achievement data. The SFA will share your learndirect Ltd participation and achievement data with other organisations if you tell learndirect Ltd that you are happy for the SFA to do so. (Further information).

We share some personal information with Job Centre Plus if you have been referred to learndirect Ltd by them. (Further information)

If government funding is available for your course, we collect personal data from you to see if you can have that funding. (Further information).

When you access your course materials we collect information about how you use those materials.

We collect certain personal data about you when you enter competitions. (Further information).

You may provide us with further personal data if you use one of our learning or communications facilities or use one of our online skills tests. (Further information).

We use cookies and other technologies to keep track of how you interact with our website and to target advertising. For further information about this please see our learndirect Use of Cookies Statement.

Purposes and Disclosures

We use your personal information to deal with your queries, to provide you with the services you request, to determine whether you are eligible for government funding (if available), customer feedback and for general statistics and research.

Depending on the preferences indicated by you, we may use your personal data to contact you about learndirect developments and offers. (More information).

We may disclose your personal data to your sponsor, if you are being sponsored by your employer or by a trade organisation or other group.

We may disclose your information to third parties who may take over some or all of the learndirect business in the future.

We may disclose your information to certain government agencies in connection with the funding of your course. (Further information).

If you enrol in a learndirect centre we will disclose your personal data to the approved service provider that will be delivering and supporting your learning (who may use it for any of the above purposes) Following registration and enrolment, either in a learndirect centre or online, all of our approved service providers will have access to your name, date of birth, address, username, learner reference number and details of which learndirect courses you have enrolled on in the past.

Your Rights and Choices

You can request that:

your details not be used for marketing purposes;
we provide you with a copy of the information we hold about you;
we correct inaccuracies in your information.
The General Data Protection Regulation (GDPR) strengthens your rights over how companies use your data.

We ensure Data Subjects rights under the GDPR are protected by ensuring a data subject can request:

The right to be informed

The right to be informed encompasses our obligation to provide ‘fair processing information’, typically through a privacy notice. It emphasises the need for transparency over how we use personal data of individuals.
The information we supply about the processing of personal data must be:

concise, transparent, intelligible and easily accessible;
written in clear and plain language, particularly if addressed to a child; and
free of charge.
The right of access

Individuals have the right to access their personal data and supplementary information. This is known as a Subject Access Request (SAR).
The right of access allows individuals to be aware of and verify the lawfulness of the processing.
Under the GDPR, individuals will have the right to obtain:

confirmation that their data is being processed;
access to their personal data; and
other supplementary information – this largely corresponds to the information that should be provided in a privacy notice.
We must provide a copy of the information free of charge. However, we can charge a ‘reasonable fee’ when a request is manifestly unfounded or excessive, particularly if it is repetitive.

Information must be provided without delay and at the latest within one month of receipt. We will be able to extend the period of compliance by a further two months where requests are complex or numerous.

Certain data may not be disclosed where a relevant exemption applies. We will provide an explanation and a right of appeal in these circumstances.

Where we are not the Data Controller, we will forward the request to the Data Controller and otherwise assist in answering the request, where appropriate. For example, where we are a Data Processor we will provide information we hold on behalf of the Data Controller to the Data Controller within a reasonable amount of time to allow them to respond to the request within the statutory time limits.

For more information about SAR process, please refer to learndirect Subject Access Request process.

The right to rectification

The GDPR gives individuals the right to have personal data rectified.
Personal data can be rectified if it is inaccurate or incomplete.
We must respond within one month. This can be extended by two months where the request for rectification is complex.
If we cannot take any action in response to a request for rectification, we must explain why to the individual, informing them of their right to complain to the supervisory authority (ICO) and to a judicial remedy.
The right to erasure

The right to erasure is also known as ‘the right to be forgotten’.
The broad principle behind this right is to enable an individual to request the deletion or removal of personal data where there is no compelling reason for its continued processing.
Individuals have a right to have personal data erased and to prevent processing in specific circumstances:

Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed;
When the individual withdraws consent;
When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;
The personal data was unlawfully processed (i.e. otherwise in breach of the GDPR);
The personal data has to be erased in order to comply with a legal obligation.
We can refuse to comply with a request for erasure where the personal data is processed for the following reasons:

to exercise the right of freedom of expression and information;
to comply with a legal obligation for the performance of a public interest task or exercise of official authority;
for public health purposes in the public interest;
archiving purposes in the public interest, scientific research historical research or statistical purposes; or
the exercise or defence of legal claims.
The right to restrict processing

Individuals have a right to ‘block’ or suppress processing of personal data.
When processing is restricted, we are permitted to store the personal data to comply with legal or contractual obligations, but not further process it.
We can retain just enough information about the individual to ensure that the restriction is respected in future.
We will be required to restrict the processing of personal data in the following circumstances:

Where an individual contests the accuracy of the personal data, we should restrict the processing until we have verified the accuracy of the personal data;
Where an individual has objected to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and we are considering whether our organisation’s legitimate grounds override those of the individual;
When processing is unlawful and the individual opposes erasure and requests restriction instead;
If we no longer need the personal data but the individual requires the data to establish, exercise or defend a legal claim;
We must inform individuals when we decide to lift a restriction on processing.

The right to data portability

The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.
It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without hindrance to usability.

The right to data portability only applies:

to personal data an individual has provided to a controller;
where the processing is based on the individual’s consent or for the performance of a contract; and
when processing is carried out by automated means;
We must provide the personal data in a structured, commonly used and machine readable form. Open formats include CSV files. Machine readable means that the information is structured so that software can extract specific elements of the data. This enables other organisations to use the data.

We must respond without undue delay, and within one month. This can be extended by two months where the request is complex or we receive a number of requests. We must inform the individual within one month of the receipt of the request and explain why the extension is necessary.

The information must be provided free of charge.

The right to object

If a data subject believes that the processing of personal information about them is causing, or is likely to cause, substantial and unwarranted damage or distress to them or another person, they may notify the organisation in writing to request learndirect to put a stop to the processing of that information.
Individuals have the right to object to:

processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
direct marketing (including profiling); and
processing for purposes of scientific/ historical research and statistics.
We must stop processing the personal data unless:

we can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual; or
the processing is for the establishment, exercise or defence of legal claims.
We must inform individuals of their right to object “at the point of first communication” and in our privacy notice. This must be “explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information”.

Rights in relation to automated decision making and profiling The GDPR applies to all automated individual decision-making and profiling. This may be not applicable to learndirect if we are not using any automated means to process personal data.
Automated individual decision-making (making a decision solely by automated means without any human involvement)

Profiling (automated processing of personal data to evaluate certain things about an individual). Profiling can be part of an automated decision-making process.

We can only carry out this type of decision-making where the decision is:

necessary for the entry into or performance of a contract; or
authorised by Union or Member state law applicable to the controller; or
based on the individual’s explicit consent.

You may also turn cookies off in your browser. However if you do so, you may not be able to use certain features on the website. (More information).

Important Information

Your personal data is protected by UK data protection law. You can find the details for the UK Information Commissioner at www.informationcommissioner.gov.uk.

You can access more information on our privacy practices in the full Privacy Statement.

Note: For learndirect Apprenticeship scheme you as the apprentice give learndirect implicit approval for learndirect to share as required your Personal Data including your learner file with the appropriate Awarding Body and with the approved learndirect Apprenticeship Assessment Organisations.

How to contact us

To obtain a copy of your personal data, to correct inaccuracies or if you have any queries or concerns about how we handle your personal data, please contact: learndirect Limited, Dearing House, 1 Young Street, Sheffield, S1, call freephone number: 0800 101 901, or email: enquiries@learndirect.net

Full Privacy Statement
By using this website you accept the terms of this privacy statement, the copyright statement and the terms and conditions on this website.

Our commitment to privacy

This privacy statement explains how learndirect Limited (referred to as “we”, “us” or “learndirect”) collects information from you via the website or in any manner expressly described in the privacy statement and how this information is then used. When you provide us with your personal data you consent to us processing all such personal data as set out in the privacy statement. Please read this privacy statement carefully and revisit this page from time to time to review any changes that we may have made. If you have any questions, comments or concerns about how we handle your personal information, please ring us on 0800 101 901 or email us.

Follow the hyperlinks below for more information about our policies and practices in relation to your personal data.

Giving information for other people
The information we collect during registration or enrolment
Other information we collect to see if you can have government funding
Learner files
The information we collect when you access course materials
The information we collect when you enter competitions
Other information we collect
Sensitive personal data
How we use the information we collect
Third parties and sponsors
Referral Partners
Job Centre Plus Referrals
Keeping you informed
Funding
Learner Registration Service (LRS) and the Unique Learner Number (ULN)
Statistics
Requests for information
Protecting your personal information
Keeping your personal data
Cookies and other technologies
Our policy for children
If you are a tutor
Your rights
Links
Other Information
Giving information for other people

When you give us information about another person, the other person must have agreed to let :

us process all their personal data; and
you receive any data protection notices for them.
When you send information for someone else, you are confirming that you have told them :

which data they must give;
which information is voluntary; and
how they can access and, if necessary, correct the data we hold about them.

The information we collect during the enrolment process
in a learndirect centre

When you enrol with us, you (or the person enrolling you) must tell us:

your full name;
your gender
your date of birth;
your address (and correspondence address if different);
primary telephone number;
your employment status;
where you heard about us;
if you have done any learning in the last three years.
We also request other information including your title, middle name, email address, National Insurance number and if you are a Welsh speaker, but you don’t have to give us these details. Following enrolment via the website, we, or our approved service providers, may request additional personal data from you in order to further support your learning. You do not have to provide this information, but if you do not, you may not get the most out of your learning. However, we ask you to tell us whether you have achieved Level 2 in English and Maths.

Before you enrol, we will give you a username and ask you for a password. You will also be given a learner reference number and asked to give the answer to a question you choose which will identify you.

online

Before enrolment

your full name;
your date of birth;
your address (and correspondence address if different);
primary telephone number;
your employment status;
email address;
your education so far;
your citizenship status; and
where you live and how long you have lived there.
We use this information to check whether you are eligible for funding. If you are not eligible this information will be destroyed.

At enrolment

We will call you at the time of your choice to check all the above details with you and may request additional information, such as where you heard about us and if you have done any learning in the last three years, other information we may collect is set out in this Privacy Statement. You will need a user name and password to access your course materials. Your user name is your email address and you can either choose your own password or we will give you one which you must change when you first log in. If you are already registered on the learndirect community you will use the same user name and password to access your learning.

Please note that when you enrol on a learndirect course that leads to a qualification such as an NVQ, we send non sensitive personal information to the relevant awarding bodies so that they can undertake the administration associated with your qualification.

Other information we collect, if you enrol in a learning centre, to see if you can have government funding

If government funding is available for any of our courses, you need to answer some other questions to see if you are eligible for funding. If you wish to take advantage of any such funding, you will be asked about:

your age;
your education so far;
your citizenship status; and
where you live and how long you have lived there.
We, or our approved service providers, may require additional information from you in order to support an application for funding. If you do not want to provide us with this information, we will not be able to offer you the course at the reduced price.

Learner File

When you start your learning we or your Service Provider will create a Learner File to hold the documents which relate to your learning and evidence of proof of identity and funding eligibility. As you progress through your learning other documents, including some of your course work, may be held on this file.

The information we collect when you access course materials

We collect information about how you use course materials to monitor your learning and improve our users’ learning experience.

The information we collect when you enter competitions

From time to time we may run competitions and promotions on the website. If you enter these, we may ask for your name, address, email address and username so that we can administer and control the competition and, of course, notify the winners.

Other information we collect

If you require a free information pack, we ask you to provide us with the information on the “request more information” form on the website, including:

Title;
Full name;
Full address;
An indication of courses in which you are interested;
Whether you would like to know where your nearest learndirectcentres are;
Where you heard about us.
You can also decide to give us your home and mobile telephone numbers and your email address but you only need to do this if you want us and/or our approved service providers to contact you about learndirectdevelopments and offers in this way.

If you are not registered as a learndirect learner but use one of our online tests to test your skills, we ask you to provide your full name and email address. This information is not retained by us but is used only when sending you your test results.

You may also provide personal data through:

calls to our helplines;
letters and email;
customer feedback forms;
the learndirect“Community”; or
other learning or communications facility offered by us.
* We may record calls to helplines and communications via on-line tools for quality and training purposes only. We will store calls for about six months and we will keep them confidential. In general, if you contact us, we may keep a record of your query or complaint for a reasonable time in case you contact us again.

Sensitive personal data

Sensitive personal data includes details of your:

race or ethnic origin
political opinions
religious or other beliefs
trade-union membership
physical or mental health
sexual life; or
criminal record (including information about criminal proceedings and suspected criminal activities).
At or before enrolment you may be asked for sensitive personal information but you do not have to provide it. If you decide to provide sensitive personal data we will use it for the purposes described in the section below. If you do not want to provide it, or do not want us to use it for these purposes then when enrolling online please select the “prefer not to say” option or if enrolling in a learndirect centre select the “Not Known/Not Provided” option.

You may also volunteer sensitive personal data to us or our approved service providers, for example, when you submit a query or comment to us via the website or some other means of communication. If you do so, you explicitly consent to our using such information as described in this Privacy Statement.

How we use the information we collect

We use your personal information and your Learner File:

to answer your queries or complaints;
to deliver our services, for example on-line tools to test your skills;
to provide the learndirect“Community” facility;
to support your learning;
to provide course materials;
to carry out administration;
to improve the quality of services;
to support your application for government funding;
to obtain customer feedback;
for general statistics and research;
for obtaining any relevant professional advice;
as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal rights.

Third parties and sponsors

To achieve the purposes set out in this privacy statement we may need to share your information and Learner File with our service providers (including our approved learning providers), agents, professional advisors and auditors and to your tutor(s). When you enrol on a course with a service provider in a learndirect centre, the service provider will be delivering and supporting your learning. Following enrolment via a centre or online, all of our approved service providers will have access to your name, date of birth, address, username, learner reference number and which learndirect courses you have enrolled on in the past as well as details relating to these learndirect courses to help us deliver our services to you. In a limited number of circumstances it may be necessary to allow a new Service Provider access to all your personal information for example if your existing Service Provider no longer provides learndirect services.

We may also give your information to third parties who may take over part or all of the learndirect business in the future, but only for the purposes outlined in this privacy statement. If your employer, trade organisation or other organisation is sponsoring or supporting you, we may give the personal information we have collected to your sponsor to monitor your learning.

Communications between you and your tutor using any of the tools or functions we make available to you (including unopened messages sent via our messaging system) may be monitored by learndirect staff to check the quality of tutor support. learndirect staff and auditors may also access these communications when we want to investigate or audit learner funding arrangements.

Referral Partners

If we have received your details as a referral from one of our partners we may be required by the referral partner to provide them with updates on the following areas:

Attendance
Progress
Achievement/completion
Outcome/destination
Withdrawal

Job Centre Plus Referrals

If we or our Service Providers receive your details via a Skills Conditionality Referral from Job Centre Plus we are obliged to keep them informed of your progress. We will complete a Starter/Leaver notification form that contains details of the course being taken, when started and an anticipated end date. You will be asked to sign this to confirm you have started the learning prior to it being sent to Job Centre Plus for processing. When you stop learning for whatever reason the remaining boxes of the Starter/Leaver notification form are completed and returned to Job Centre Plus. In certain circumstances this may result in sanctions being applied by Job Centre Plus, details of these are available from www.direct.gov.uk.

Keeping you informed

We, and our approved service providers, will use your information to send you regular updates about:

our services and materials;
additions to the website; and
specific activities such as customer feedback surveys and competitions.
If you enrol on a learndirect course you will periodically be sent customer feedback surveys. If you do not wish to be contacted for marketing purposes untick the relevant boxes on the ’contact permissions’ page. If at any time, you change your mind about receiving updates, you can change your preferences using “edit your details” on your learner home page.

If you are simply requesting a free information pack, you can invite us to send you updates by ticking the appropriate boxes on the “request more information” page. If you change your mind about us contacting you for this purpose, please ring us on 0800 101 901 or email us.

We will never use your sensitive personal data for marketing purposes without your express consent.

Funding

We, and our approved service providers, may use your personal data to process or to support any application made for funding associated with your learning. For these purposes we, or our approved service providers, will share the information you supply with the Skills Funding Agency in England. The Skills Funding Agency may in turn share it with the European Social Fund, or other government agencies that may provide funding for your course, including the Welsh Assembly Government for learners who enrol in Welsh centres. We may use a third party service to verify your identity for funding eligibility. If you are a learner between the ages of 16-19 years of age (or up to 25 years of age for learners with learning difficulties or disabilities), we are required by the Skills Funding Agency to notify Connexions when you leave, or intend to leave learning. We, or our approved service providers, may also share it with the Office for Standards in Education, Children’s Services and Skills (Ofsted) so that it can check our use of public monies. If you do not want us to use your personal data for these purposes, we will not be able to offer you the course at the reduced price.

At the point this information is collected you will be asked to indicate if you do not wish to be contacted by the Skills Funding Agency or its partners in respect of courses, surveys and research. You can change your choices at any time by talking to your tutor. Please read the SFA Privacy Notice below.

We, or the government agency providing funding for your course, may use your personal data and Learner File to investigate a suspected misuse of public monies or other fraudulent activity by any person relating to your learning activity. In doing so, we, or the government agency providing funding for your course, may disclose your information to other government agencies (e.g. the Department for Work and Pensions) to establish whether there has been any duplication of funding for your course. We may also contact you for the purposes of any such investigation.

ESFA Privacy Notice 2017 to 2018

This privacy notice is issued by the Education and Skills Funding Agency (ESFA), on behalf of the Secretary of State for the Department of Education (DfE). It is to inform learners how their personal information will be used by the DfE, the ESFA (an executive agency of the DfE) and any successor bodies to these organisations. For the purposes of the Data Protection Act 1998, the DfE is the data controller for personal data processed by the ESFA..

How We Use Your Personal Information
Your personal information is used by the DfE to exercise its functions and to meet its statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009 and to create and maintain a unique learner number (ULN) and a personal learning record (PLR).

Your information may be shared with third parties for education, training, employment and well-being related purposes, including for research. This will only take place where the law allows it and the sharing is in compliance with the Data Protection Act 1998.

The English European Social Fund (ESF) Managing Authority (or agents acting on its behalf) may contact you in order for them to carry out research and evaluation to inform the effectiveness of training.

You can opt out from being contacted for other purposes by choosing a relevant option in the ESFA Contact Restriction fields which will be discussed with you when you register with learndirect.

Further information about use of and access to your personal data, and details of organisations with whom we regularly share data are available at:

https://www.gov.uk/government/publications/esfa-privacy-notice

Statistics

We and/or the approved service providers delivering and supporting your learning are also required to provide statistics to all of the government agencies mentioned under the heading ‘Funding’ and to the Department for Business, Innovation and Skills, in order that they can carry out checks on our funding arrangements and our performance and for research and statistical purposes. This helps us, and our approved service providers, to maintain our funding. Where such information is supplied, it is provided in an aggregated manner so that whilst such authorities may be aware of, for example, the number, geographic location and sex of persons using learndirect, you cannot be personally identified from this information.

However, we may provide information that identifies you (your name, date of birth, address and postcode) to the Department of Work and Pensions so that they can check whether learndirect learners have progressed into employment and compile statistical information about such progression. You will not be identifiable from the statistical information compiled.

The information collected on Welsh speakers is passed in an aggregate manner to the Welsh Assembly. You cannot be personally identified from this information.

Requests for information

If you have not registered as a learner but are simply making an enquiry or request for information, we will use your personal information to reply to your enquiry or request. We will not use this information for marketing purposes without your permission or unless you invite us to do so.

Protecting your personal information

We are registered as a data controller (in our registered company name of learndirect Limited) in line with the UK Data Protection Act, 1998. As a registered data controller, we are required to take appropriate technical measures to protect your personal information including making a regular backup of our system and data. We have security measures in place to make sure any personal information we collect is secure. Your account is password protected and all information including your password is on a secure server, which only a limited number of employees and sub-contractors can access. All parties with access to your information are subject to confidentiality obligations. If you think someone else knows your password, or is using it, tell us immediately and change your password using the “change my password” option under “your details” on your learner home page.

Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the website at your own risk.

Please look at the terms and conditions on this website for our policy on purging emails and webspace. The terms and conditions tell you when we may close your account and delete all your records, files and information.

Keeping your personal data

We keep personal data and Learner Files:

for as long as is necessary to fulfil the purposes we collected it for;
as required by law; or
to enforce or defend legal claims.
Sometimes we will keep information that you have deleted, for example messages sent by you to your tutor, as a record of your learning experience. We will keep this information for a reasonable time.

Our policy for children

Our website is not designed for or directed at children under the age of 13. No one whose date of birth indicates that they are under 16 years will be able to register on-line as a learner. We recommend that you put parental controls on your internet browser and supervise your children when they are online.

We will not use information collected from people under 18 for marketing purposes. In general, Government funding is not available to learners under 19 via learndirect, although there are some specific exceptions, in particular apprenticeships. This privacy statement will apply to any learner enrolled on an apprenticeship even if you are aged between 16 and 18.

Although anyone can take part in competitions and promotions, we will send notice of a win or prize directly to the parent or guardian identified during registration. Where a winner is under 18, we will not publish his or her personal details unless we have obtained the consent of the parent or guardian during registration.

If you are a tutor

When you are registered as a tutor by a Service Provider you accept that all activity is undertaken by you for the provision of learndirect learning. Any comments or tutor notes placed by you on the learndirect system will be retained, are visible to the relevant learner and authorised personnel within learndirect Ltd and may be used as evidence of learner support.

Your rights

Your rights

You have the right to:-

ask for a copy of all the information we hold about you (we will charge you a small fee for this) and to correct any inaccuracies. To obtain a copy of this information, please ring us on 0800 101 901 or email us;
challenge the accuracy of data held about you. You can amend your details on the website at any time using “your details” on your learner home page. If you are unable to amend the details please ring us on 0800 101 901 or email usto request a change
take steps to prevent your personal data being processed if the processing is likely to cause you substantial damage or substantial distress which is unjustified. If you want to exercise this right you must put your objection in writing by emailing us, specifying why the processing has this effect and state what you require learndirectto do to avoid causing damage or distress.
If you wish to make a data protection complaint go to:http://www.learndirect.com/help/contact-us/questions-comments-and-complaints/ and select Make a Complaint from the options provided.

Links

Our website contains links to other websites. We are not responsible for the privacy policies of other sites and we advise you to read the privacy statement of every website that collects personal information from you.

Other information

You should note that if our business (or any part of it) is sold or transferred at any time, the information we hold may form part of the assets transferred although will still only be used in accordance with this privacy statement.

Part B
By using this website you accept the terms of this privacy statement and the terms and conditions on this website.

Our commitment to privacy This privacy statement explains how we collect information from you via the website or in any manner expressly described in the privacy statement and how this information is then used. When you provide us with your personal data in the manner described, you consent to the processing of all such personal data as set out in the privacy statement. Please read this privacy statement carefully and revisit this page from time to time to review any changes that we may have made. If you have any questions or comments about how we handle your personal information, please ring us on 0800 101 901 or email us at learndirectbusiness@learndirect.net.

You may also use these contacts to tell us about any concerns you may have about our privacy statement. We have registered as a data controller (in our registered company name of learndirect Limited) in line with the United Kingdom Data Protection Act, 1998.

Giving information for other people

When you provide us with information about another person, the other person must have agreed to let:

us process all their personal data contained in the information provided; and
you receive any data protection notices for them.
When you send information for someone else, you are confirming that you have told them :

which data they must give;
which information is voluntary; and
how they can access and, if necessary, correct the data we hold about them.

Paying for a Course online

When you pay for a Course online, you will be asked for:

details of a credit or debit card;
an e-mail address; and
a telephone number.
These details are collected by:

Barclays Bank PLC (trading as Barclaycard)
PO Box 1121
St Albans
Al1 9TQ

They collect credit or debit card details over a secure link. We do not collect them and they are not made available to us or our Agents or Resellers. Barclaycard will use the personal information you provide to process your online payment and to refund any monies due to you if you cancel your enrolment in line with the terms and conditions on this Website. When you make a payment online, Barclaycard will use industry standard software, which encrypts your information. For further details about the security of this information, please refer to Barclaycard.

The information we collect during registration or enrolment

When you register with us, you (or the person registering for you) must tell us:

your full name
email address
your date of birth (security question)
in which region of the UK your company is based
Company sector
Number of Employees
where you heard about us.
We also ask for your company name but you do not have to provide this information if you do not wish to.

Following registration via the Website, we, or our Agents (where you have been introduced to the Website via an Agent or Reseller), may request additional personal data from you in order to further support your learning. You do not have to provide this information, but if you do not, you may not get the most out of your learning.

If you wish to purchase offline products (CD Roms and DVD etc) you will need to provide us with a delivery address when you place the order.

The information we collect when you access Course Materials

We collect information about how you use Course Materials to monitor your learning and improve our users’ learning experience.

Other information we collect

You can also decide to give us your home and mobile telephone numbers and your personal email address but you only need to do this if you want us /or our Agents or Resellers to contact you about learndirectdevelopments and offers.

You may also provide personal data through:

calls to our helplines;
letters and e-mails;
customer feedback forms.
We may record calls to helplines for quality and training purposes only. We will store calls for about three months and we will keep them confidential. In general, if you contact us, we may keep a record of your query or complaint for a reasonable time in case you contact us again.

How we use the information we collect

We use your personal information:

to answer your queries or complaints;
to deliver our online services, for example any Courses that you have access to
to provide Course Materials;
to carry out administration;
to seek your opinion of the Course and Website
for general statistics and research;
for obtaining any relevant professional advice;
as may be required by law or in connection with legal proceedings (including where we intend to take legal proceedings), or as may be necessary to establish, exercise or defend our legal rights.

Third parties and sponsors

To achieve the purposes set out in this privacy statement we may need to give your information to our service providers, Agents and Resellers. Following registration and/or enrolment via the website, we and our Agent or Resellers, if you registered via one of our Agents or Resellers, will have access to your name and contact details to help us deliver our services to you.

If your employer, trade organisation or other group is sponsoring you, we may give the personal information we have collected to your sponsor to monitor your learning.

Keeping you informed

We, and our Agents or Resellers, will use your information to send you regular updates about:

our services and materials;
additions to the Website; and
specific activities such as customer feedback surveys and competitions.
If you wish to receive information about learndirect developments and offers by telephone, email and/or SMS, please invite us to contact you by ticking the appropriate boxes. If at any time, you change your mind about receiving updates, you can contact us and we will alter your stated preferences accordingly.

We will never use your personal data for marketing purposes or to target you for customer feedback purposes without your express consent.

Statistics

We and/or our Agents or Resellers delivering and supporting your learning are also required to provide statistics to government agencies including Department for Education and Skills, in order that they can carry out checks on our performance and for research and statistical purposes. Where such information is supplied, it is provided in an aggregated manner so that whilst such authorities may be aware of, for example, the number, geographic location and size of organisations using learndirectbusiness, you cannot be personally identified from this information.

Requests for information

If you have not registered on the Website but are simply making an enquiry or request for information, we will use your personal information to reply to your enquiry or request. We will not use this information for marketing purposes without your permission or unless you invite us to do so.

Protecting your personal information

As a registered data controller, we are required to take appropriate technical measures to protect your personal information including making a regular backup of our system and data. We have security measures in place to make sure any personal information we collect is secure. Your account is password protected and all information including your password is on a secure server, which only a limited number of employees and sub-contractors can access. All parties with access to your information are subject to confidentiality obligations. If you think someone else knows your password, or is using it, tell us immediately and change your password. You can change your password on the Website.

Even though we take appropriate technical steps to protect your security, you should remember that data transmission over the internet cannot always be guaranteed as 100% secure so you use the website at your own risk.

Keeping your personal data

We keep personal data :

for as long as is necessary to fulfil the purposes we collected it for;
as required by law; or
to enforce or defend legal claims.
Sometimes we will keep information that you have deleted, for example messages sent by you to your tutor, as a record of your learning experience. We will keep this information for a reasonable time.

Cookies

We use cookies and other technologies to keep track of how you interact with our website and to target advertising Please see the learndirect Use of Cookies Statement for further information.

Your rights

You have the right to:-

ask for a copy of all the information we hold about you (we will charge you a small fee for this) and to correct any inaccuracies. To obtain a copy of this information, please ring us on 0800 101 901 or email us;
challenge the accuracy of data held about you. You can amend your details on the website at any time using “your details” on your learner home page. If you are unable to amend the details please ring us on 0800 101 901 or email usto request a change
take steps to prevent your personal data being processed if the processing is likely to cause you substantial damage or substantial distress which is unjustified. If you want to exercise this right you must put your objection in writing by emailing us, specifying why the processing has this effect and state what you require learndirectto do to avoid causing damage or distress.
If you wish to make a data protection complaint go to: http://www.learndirect.com/help/contact-us/questions-comments-and-complaints/and select Make a Complaint from the options provided.

Links

Our website contains links to other websites. We are not responsible for the privacy policies of other sites and we advise you to read the privacy statement of every website that collects personal information from you.

Last updated: May 2018

LD web site Terms and Conditions

http://www.learndirect.com/help/legal-information/terms-and-conditions/

Terms and Conditions
Please read these Terms and Conditions of Use (‘Terms‘) carefully before using www.learndirect.com (‘the Website‘). These Terms apply to all users of this Website including casual browsers.

Part A applies to all users of the learndirect Website
Part B applies if you enrol for a learndirect course in a learndirectcentre
Part C applies if you enrol for a learndirect course online
Part D applies if you are purchasing online Course Materials

Part A
Terms applying to all users of the learndirectwebsite.
Please read these Terms and Conditions of Use (‘Terms’) carefully before using www.learndirect.com (‘the Website’). Additional terms and conditions apply if you enrol on a course (Part B and Part C). These will be drawn to your attention during the process of enrolment.

In these Terms, ‘we’, ‘us’ and ‘learndirect’ means :

learndirect Limited Dearing House 1 Young Street Sheffield South Yorkshire S1 4UP

which is the owner of this Website and the learndirect trademark and brand, and ‘you’ means the user of this Website. We reserve the right to withdraw all or part of the Website at any time

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence).

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 01.00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website and the services offered via the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of learndirect.

You accept that you will not have a claim for breach of contract (either against us or your Service Provider/learndirect centre) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website :

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
any loss or corruption of data; or
any indirect or consequential loss.
The exclusions and limitations of liability contained in this section do not apply to :

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.
Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

Purpose of the Website

The purpose of the Website is to provide individuals and businesses with information on the range of courses, centres, products and other services offered by or via learndirect including enrolment in England, Wales and Northern Ireland.

Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the learndirect Copyright Statement.

learndirect Community

learndirect offers all users of the Website over the age of 16 the option of joining the learndirect community. Please note that the Community is not intended for under 16s. If we discover anyone under this age has registered, their access will be removed immediately. This area enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Website and the general learning experience with your fellow learners and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

We provide the ‘Community’ to you free of charge. As a consequence of this we do not make any guarantee as to the availability, performance or continued provision of these services and reserve the right to modify or to terminate the provision of all or any of these services at any time. Availability of the service may be interrupted from time to time for maintenance purposes. We also reserve the right to establish general rules and limits concerning use of the ‘Community’. We shall notify you via these terms and conditions if we amend any such rules or limits.

You agree that we and learndirect have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using the ‘Community’.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the ‘Community’ or any part of the Website and that all communications may be moderated by learndirectand that learndirect reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by learndirect. You agree not to use the ‘Community’ or any part of the Website:

for any unlawful purposes;
to transmit, store or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
to transmit, store or communicate any material which infringes our or any other person’s copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
to transmit, store or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties’ interest in the material;
for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;
to transmit, store or communicate any material which is likely to have a detrimental effect on our or any other person’s reputation;
harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;
to transmit any material which is likely to cause harm to learndirector anyone else’s computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
to restrict or in any way inhibit any person from using this Website;
to transmit, store or communicate any material which is irrelevant to the subject matter;
to transmit, store or communicate any material in breach of the Computer Misuse Act 1990;
to impersonate or falsely state or misrepresent your association with any entity or person including without limitation learndirect, the learndirectcentres, tutors or other learners;
to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
to obtain, collect or store any personal data about any visitors or learners of the Website;
to transmit applications which make excessive demands on bandwidth;
to use the ‘Community’ facility provided through this Website, or to receive any newsletter or service under more than one user name and/or user account number without the consent of learndirect.
By posting a message on the Website you warrant that your message complies with the terms and conditions, house rules and/or any relevant laws and regulations in force from time to time, and agree to indemnify learndirect against all legal fees, damages and other expenses that may be incurred by learndirect as a result of your breach of this warranty.

If you discover any material or behaviour of other users which you think is unacceptable or in breach of these terms and conditions you should report it to us, and we will deal with it at our discretion. For Contact details see paragraph 8.

If you post any comments or content on the Website you grant learndirect and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

Removal of content and response to complaints
In the event that you send any content that breaches the provisions of the above paragraph, learndirect reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. learndirect will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

learndirect shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

learndirect may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

learndirect reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

Third Party Links
We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of learndirect.Any link (including without limitation any links posted by other users of the Website) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third party website. learndirect does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.

Amendments to the Terms
We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.

Contact us
You can contact us :

by telephone on 0800 101 901
Monday to Friday 8am to 6pm.
by email at enquiries@learndirect.net
by post at:
Learner Services, learndirect, PO Box 900, Leicester LE1 6ER

Part B

Terms applying if you enrol for a learndirectcourse at a Service Provider
These terms and conditions (‘Terms’) apply to your learning when you enrol on a learndirect course in a learning centre

learndirect and your learning centre

learndirect
learndirect is the trading name of learndirect Ltd, which is the provider of your learning. That service to you includes the learndirect website, your course on the website or any learndirect off-line materials, and the learndirect learner helpline.

Your Service Provider

learndirect has contracted with your service provider to support you through enrolment, use of computers, tutor support while you are learning, and assessment for your qualification. You can learn at the learning centre or online or a mix of the two; your service provider will be able to provide you with support whichever method you use.

For the purposes of these Terms

‘advisor’ the person who provides general support while you are learning

‘course fee‘ means the fee you may be asked to pay for this course.

‘course’ means this course that you are signing up to learn. In the learndirect system it is referred to as a ‘programme’ because it usually contains more than one piece of learning, and it will prepare you for your qualification.

‘enrol‘ means the process of enrolling for a course.

‘learning centre’ means the centre where you are enrolled.

‘SFA’ the Skills Funding Agency which pays for a lot of the learning.

‘Service Provider’ means the organisation contracted by learndirect Ltd to provide your services.

‘services‘ means the products and services we and the service provider supply to you including; this Website where your learning takes place, the online course materials you use on the Website, any off-line materials we supply, any help-line services we provide to learners, and the tutor and other support provided to you.

‘tutor’ the person who provides you specialist support for your course

‘we‘ and ‘us‘ means learndirectLimited. learndirect is the brand name which learndirect Ltd uses for its learning services.

‘you‘ means the learner.

Enrolment

Your Service Provider will help you to choose the correct course. It will assess your skills and knowledge and provide advice and information before you start learning to make sure you choose the right course.

If you are eligible for government funding to pay, or help to pay, for the course, you must provide your service provider with relevant evidence about yourself and your circumstances, and we will obtain that funding for your learning.

If the SFA says that you must pay for a part of the course, your service provider will collect the fee on behalf of learndirect, and give you a receipt.

You must follow the terms and conditions of the course.

The Service Provider will not make other charges to you, or ask for any deposits, for learndirect learning.

Your Service Provider will provide you with the online course materials for the course (and off-line courses if used) and access to learndirectonline systems and the tools and resources for learners you will find there.

By accessing your course you will be deemed to have accepted these Terms and the terms and conditions of the Learning Agreement.

When you have signed the Learning Agreement with us, your Service Provider will provide you with a tutor. Your tutor will provide support and guidance to you during your course.

Your course

Your course is a mixture of online software, (or off-line course materials) tools and information on the Website, and tutor support from your service provider. The course is designed to help you to achieve the qualification you have chosen with support from your service provider.

Whether you pay a fee or not, you are not ‘buying’ the course. You are being licensed to ‘use’ the course while you are on the course. You cannot ‘keep’ the course for ever. You cannot give or sell the course or any of the learning materials to anyone else. The course always remains the property of learndirect.

Assessment:

Assessment is an important part of your course. It is the only way to get the qualification that you want when you have finished your learning. It may be the online test for maths and English, or a portfolio if you are doing a vocational qualification.

If you are doing an English or maths course, your service provider will help prepare you for your Skills for Life test, and will arrange with you a suitable time and date to take your test. There is no charge for this service.

If you are doing an NVQ, your learndirect assessor will help you prepare and submit your portfolio. Once you have been assessed and passed, you will get your certificate for your qualification.

There is no extra charge for assessment and certification.

Quality of the services

We will, (and we will use our reasonable endeavours to ensure that your service provider will), use reasonable skill and care in providing the services to you. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is given in more detail on the Website). We expect you to take reasonable care to make sure that the course you have chosen will meet your needs.

We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website subject to your successful achievement of that qualification).

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and the terms and conditions of the Learning Agreement (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

Password and Learner Reference Number

When you registered for learndirect you were given a user name and password. You must take care to keep your user name and password confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your user name and password. You must tell us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your user name and password if we believe that they are no longer secure. We will never email you or ask you on the phone for your password. If anyone asks you for your password you must tell your tutor or advisor.

We will provide you with access to your course once you have enrolled. You will need to log on using your user name and password to use the course.

When you first enrol for a learndirect course you will also be issued with a learner reference number. We may use this number in correspondence with you.

Course fee and funding from the Skills Funding Agency

You may be eligible to have part or the whole cost of the course paid for you by the SFA. If so, you must provide your Service Provider with the evidence we request. If you are not eligible for funding support, you will have to pay the whole cost of the course.

You agree to pay us the course fee, (including VAT where applicable), if a fee is required for the course. You may be asked to pay a course fee even if you are eligible for some funding from the Skills Funding Agency. Your advisor has explained any cost to you before you are asked to sign the Learning Agreement. The Learning Agreement shows the course fee payable by you, and you must pay that fee to us through your service provider.

Provision of the Services

Help: You will find help with your learning in several ways. There are videos, ‘how to’ guides and frequently asked questions (FAQs) on the Website. You can send a message or speak to your advisor or tutor.

Tutor Support: When you enrol on your course your service provider will assign a tutor to support to you through the course. Your tutor will contact you regularly to discuss your progress. You must keep in touch with your tutor at least every 3 weeks if you are going to continue on the course.

Your tutor will help you with any questions about your course. This includes how to use the course online, specialist advice about things you are learning in your course, or any other aspect of learning with learndirect. Your tutor may not be the same person every time you are learning. The tutor you speak to will know what course you are doing and will be able to see in the Website how you have progressed so far.

Tutor support will be provided on a first-come first-served basis. Tutor support at the learning centre will be available during the normal opening hours of the centre, as advertised on the learning centre entry in this Website.

Computer compatibility on your own machine: You can log onto the Website from any computer using your assigned user name and password. The computers in your learning centre have been tested to make sure they work with our courses.

However, not all computers have all the software needed to use every course learndirect provides, so we do not make any commitment that the course software will be compatible with or operate with the software or hardware on your own computer. If your computer does not have the necessary software installed you will be able to download the software from the Website (at your cost and risk) that should allow you to use the course. If it cannot, and you want to learn from home, your service provider will help you to choose another suitable course, or refund any course fee you have paid.

If we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the course, you do so at your own risk. There is a ‘How to’ guide called ‘Setting up my Computer for Learning’ on the Website. We use cookies to check the compatibility of your system with some of our services. If you wish to know more about cookies, please see the section on ‘Cookies’ in the learndirect Use of Cookies Statement.

If when you are doing your course you need to use software which is not provided as part of the course, or as a free download from the Website, you will be responsible for any charges from the software supplier.

Technical Support: Your Service Provider will provide basic technical support to learners to help them to use our courses. Your Service Provider cannot provide technical help that is not about using your learndirectcourse. Please contact an advisor at your learning centre for technical help using the learndirect courses. There is a FAQ and a ‘How to’ guide and a contact form on the Website. We will use reasonable skill and care in providing any technical support and to ensure that this service is available to you. learndirect cannot guarantee uninterrupted availability of its technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice you must strictly follow that advice.

System downtime: We may need periods of downtime to maintain the website. learndirect tries to ensure that the Website is available 24 hours a day 7 days a week. learndirect reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of learndirect.

Your right to use the course and your related obligations

On payment of the course fee, or funding approved for you on your course, we grant to you a licence for you to use the course for your own use only. This is for the sole purpose of non-commercial use by you in your learning centre, at home, at work or any other lawful location in connection with the receipt of the services. You can only use the course while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else.

You may make copies of sections of the course as they appear on the Website if you need to while you are doing the course for your own use only. You may print for your personal use only as many pages of the course on the Website as are reasonable for your own private study purposes.

You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these Terms and the terms and conditions of the Learning Agreement is strictly prohibited. Such use will constitute an infringement of either our copyright or our other intellectual property rights, or the copyright or other intellectual property rights of people who write courses for us.

Your right to cancel the course

If you decide that you wish to cancel your enrolment, you may do so provided that you tell your service provider that you wish to cancel within 30 days of your enrolment. If you are entitled to a refund of any course fee, this will be paid to you within 30 days of the date of your cancellation.

You agree that you will lose your above right to cancel the course and get a refund of any course fee you have paid if you have started using the course. This will not affect your statutory rights.

Our rights to stop providing the services to you

We will make the course available to you in the Website from enrolment until:

you tell your tutor or advisor, in writing, by email or by telephone that you have completed the course and no longer require access to the services or,
90 days after your tutormarks the course as completed or achieved or,
you do not answer tutor or advisor emails or calls to you, and/or you do not do any activity in your course, for a period of longer than 28 days while you are on the course (unless you have agreed a break with your tutor in advance) or,
we or your service provider decide that your actions are unacceptable.
In any of the events above, we will withdraw your access to the course. If you wish to use the services after your access to the course has been withdrawn, you will need to enrol again.

We reserve the right to stop providing the services to you immediately if:

you do not follow the way in which you are allowed to use the course and the Website; or
you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners; or
if you are in receipt of funding from the SFA, and you fail to comply with the requirements of the SFA as described either on this Website or in the Learning Agreement or in information given to you by learndirectwhen you enrol.
If we exercise this right your service provider will tell you by email or by your chosen route. We will then immediately withdraw your access to the course.

Complaints

If you are not satisfied with any aspect of the services, please speak to your tutor or advisor, or contact us in the manner described in ‘Contact us’ section in the learning planner.

Our liability to you

We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body, failure or insolvency of the learning centre. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.

We are not liable for any data that you lose either as a result of accessing the course or during completion of any course on the website. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us (or the service provider) to you of the services, which is not otherwise excluded in these Terms and the terms and conditions of Learning Agreement, (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (regardless of the amount of any public funding for which you are eligible).

The exclusions and limitations of liability contained in these Terms and the terms and conditions in the Learning Agreement do not apply to any loss or damage resulting from death or personal injury caused by our negligence, loss or damages arising from our fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.

Privacy and data protection

We treat your privacy very seriously. The information, which may include sensitive personal data, that you provide to your service provider when you enrol for a learndirect course or at any other time is subject to the learndirect Privacy Statement. Please read this. You can find it at the foot of most of the Website pages. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please ask your tutor. By signing the Learning Agreement you agree that you have read and accept the terms of the learndirect Privacy Statement.

When you started using the Website, you also agreed with your tutor what information about learndirect products and services you wanted to receive. We may send these by email, phone, post, or SMS.

If you want to change these preferences you can do so at any time by going into your personal details in the Website and making the changes there.

While you are a learndirect learner, you will also receive information from us about your learning or your course, and your tutor and the advisors at the learning centre will be in touch with you to support you on your course. You will agree with your tutor how you want to receive this learning support.

SFA Privacy Notice 2016 to 2017

This privacy notice is issued by the Skills Funding Agency (SFA) on behalf of the Secretary of State for Business Innovation and Skills to inform learners of how their personal information will be used for statutory and other legitimate purposes by:

1) The SFA, an executive agency of the Department of Business Innovation and Skills (BIS)

2) BIS

3) The Department for Education (DfE), including the Education Funding Agency

4) Any successor bodies to these organisations

5) By other bodies with whom data is shared by the SFA

BIS and the Department for Education (DfE) (largely for learners age 16-18) are data controllers of this information.

How We Use Your Personal Information

The personal information you provide is passed to the Skills Funding Agency, and the Department for Business, Innovation and Skills. Where necessary it is also shared with the Department for Education, including the Education Funding Agency.

The information is used for the exercise of functions of these government departments and to meet statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009, and to create and maintain a unique learner number (ULN) and a personal learning record (PLR). The information you provide may be shared with other organisations for education, training, employment and well-being related purposes, including for research.

You may be contacted after you have completed your programme of learning to establish whether you have entered employment or gone onto further training or education.

You may be contacted by the English European Social Fund (ESF) Managing Authority, or its agents, to carry out research and evaluation to inform the effectiveness of the programme.

You can opt out from being contacted for other purposes by choosing a relevant option in the ‘SFA Contract Restrictions’ field which will be discussed with you when you register with learndirect.

Further information about use of and access to your personal data, and details of organisations with whom we regularly share data are available at:

https://www.gov.uk/government/publications/sfa-privacy-notice

Contacting learndirect
You can contact us:

by a message to your tutor
by calling us on 0800 101 901
by email at enquiries@learndirect.net
or by post at: FREEPOSTlearndirect

Part C
Terms applying if you enrol for a learndirectcourse online
These Terms and conditions apply to your learning when you enrol on a learndirect course online.

Please read these Terms carefully before enrolling on a course.

For the purposes of these Terms:

‘we‘ and ‘us‘ means learndirectlearndirect is the brand name which learndirect Ltd uses for its learning services.
‘you‘ means the learner.
‘advisor’ the person who provides general support while you are learning
‘tutor’the person who provides you subject support for your course
‘enrol‘ means the process of enrolling for a course.
‘services‘ means the support we provide to you on the learndirectwebsite where your learning takes place, the online course materials you use on the learndirectwebsite, and the tutor and other support we provide to you.
‘course’ means this course that you are signing up to learn.
‘course fee‘ means the fee you may be asked to pay to study this course.

Enrolment

We will help you to choose the correct course. We will assess your skills and knowledge and provide advice and information before you start learning to make sure you choose the right course.

We will provide you with the online course materials for the course and access to learndirect online and its tools and resources for learners.

If you are eligible for funding to pay, or help to pay, for the course, you must provide us with relevant evidence and we will obtain that funding for your learning. You must follow the terms and conditions of the course.

When you have accepted the Learning Agreement, we will provide you with an online tutor. Your tutor will provide support and guidance to you during your course.

By accessing your course you will be deemed to have accepted these Terms and the terms and conditions of the Learning Agreement.

Your course

Your course is a mixture of online software, tools and information in the website, and tutor support from us. The contents of the course are listed in the Learning Agreement. The course is designed to help you to achieve the qualification you have chosen with support from us.

Whether you pay a fee or not, you are not ‘buying’ the course. You are being licensed to ‘use’ the course while you are on the course. You cannot ‘keep’ the course for ever. You cannot give or sell the course to anyone else. The course always remains the property of learndirect.

Assessment

Assessment is an important part of your course. It is the only way to get the qualification that you want when you have finished your learning. It may be the online test for Maths and English, or the e-portfolio if you are doing a vocational qualification.

If you are doing a Maths or English qualification please check that you are happy to travel to a suitable test centre before your learning starts. You can find your test centre by clicking this link. If we cannot agree a suitable centre, which you are prepared to go to for the test when you have completed your learning, we cannot provide the course or tutor support to you. When you are ready to take your Maths or English test, learndirect will arrange with you a suitable time and date to visit that centre and take your test. There is no charge for this service. If you do not attend a booked test session that you have agreed with learndirect, or cancel your test with less than 3 working days from your test day, we may charge you a cancellation fee of £37.00. For unfunded courses you will also be required to pay the fee for rebooking your test. If you are doing an NVQ, your learndirect assessor will help you prepare and submit your e-portfolio. This is part of the support learndirect will provide for this course and there is no extra charge.

Quality of the services

We will use reasonable skill and care in providing the services to you. We will do so according to the qualification content set out in the agreement. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is given in more detail on the Website). We expect you to take reasonable care to make sure that the course you have chosen will meet your needs.

We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website subject to your successful achievement of that qualification).

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and the terms and conditions in the Learning Agreement (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

Password and Learner Reference Number

When you registered for learndirect you were given a user name and password. You must take care to keep your user name and password confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your username and password. You must tell us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure. We will never email you or ask you on the phone for your password. If anyone asks you for your password you must tell your tutor or advisor.

We will provide you with access to your course once you have enrolled. You will need to log on using your user name and password to use the course.

When you first enrol for a learndirect course you will also be issued with a learner reference number. We may use this number in correspondence with you.

Course fee and funding from the Skills Funding Agency

You may be eligible to have part or the whole cost of the course paid for you by the SFA. If so, you must provide us with the evidence we request. If you are not eligible for funding support, you will have to pay the whole cost of the course.

You agree to pay us the course fee, (including VAT where applicable), if a fee is required for the course. You may be asked to pay a course fee even if you are eligible for some funding from the Skills Funding Agency. Your advisor will explain any cost to you before you are asked to sign the Learning Agreement. The Learning Agreement shows the course fee payable by you.

Provision of the Services

Help: You will find help with your learning in several ways. There are videos, ‘how to’ guides and frequently asked questions (FAQs) on the Website. You can email your advisor or tutor, and you can call Learner Services by phone.

Tutor Support: When you enrol on your course we will assign a tutor to support to you through the course. If your course is Funded your tutor will contact you regularly to discuss your progress. You must keep in touch with your tutor at least every 3 weeks if you are going to continue on the course. Your tutor will help you with any questions about your course. This includes how to use the course online, specialist advice about things you are learning in your course, or any other aspect of learning with learndirect. Your tutor will not be the same person every time you contact us, or we contact you. The tutor you speak to will know what course you are doing and how you have progressed so far. You may contact your tutor during the normal opening hours of 8:00am to 6:00pm Monday to Friday.

Computer compatibility: You can log onto the website from any computer using your assigned user name and password. Not all computers have all the software needed to use every course learndirect provides. We do not make any commitment that the course software will be compatible with or operate with the software or hardware on your computer. If your computer does not have the necessary software installed our advisor will help you to download the software (at your cost and risk) that should allow you to use the course. If it cannot, we will help you to choose another suitable course, or refund any course fee you have paid. If we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the course, you do so at your own risk. There is a ‘How to’ guide called ‘Setting up my Computer for Learning’ on the website. We use cookies to check the compatibility of your system with some of our services. If you wish to know more about cookies please see the section on cookies in the learndirect Use of Cookies Statement.

Technical Support: We provide technical support to learners to help them to use our courses. We cannot provide technical help that is not about using your learndirect course. Please contact an advisor for technical help using the learndirect courses. There is a FAQ and a ‘How to’ guide and a contact form on the Website. We will use reasonable skill and care in providing any technical support and to ensure that this service is available to you. learndirect cannot guarantee uninterrupted availability of technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice you must strictly follow that advice.

System downtime: We may need periods of downtime to maintain the learndirect Website. Technical support may not be available during such periods of downtime. learndirect tries to ensure that the Website is available 24 hours a day 7 days a week. learndirect reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. There may also be occasions when access to the website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of learndirect.

Your right to use the course and your related obligations

On payment of the course fee, or funding approved for you on your course, we grant to you a licence for you to use the course for your own use only. This is for the sole purpose of non-commercial use at home, at work or any other lawful location in connection with the receipt of the services. You can only use the course while you are learning, and for a period afterwards. You cannot ‘keep’ the course, and it is not yours to sell or give to anyone else.

You may make copies of sections of the course as they appear on the Website if you need to while you are doing the course for your own use only. You may print for your personal use only as many pages of the course on the Website as are reasonable for your own private study purposes.

You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these Terms and the terms and conditions of the Learning Agreement is strictly prohibited. Such use will constitute an infringement of either our copyright or our other intellectual property rights, or the copyright or other intellectual property rights of people who write courses for us.

Your right to cancel the course

If you change your mind within 7 days of buying the course, please contact us on 0800 101 901 to let us know. If you are entitled to a refund of any course fee, this will be paid to you within 30 days of the date of your cancellation.

You agree that you will lose your right to cancel the course and get a refund of any course fee you have paid if you have started using the course.

Your statutory rights in the event of receiving faulty goods are not affected.

Our rights to stop providing the services to you

We will make the course available to you via the Website from enrolment until the earlier of;

you fail to return the Learning Agreement to us within 14 days,
you tell your tutor or advisor, in writing, by email or by telephone that you have completed the course and no longer require access to the services or,
90 days after your tutormarks the course as completed or achieved or,
you do not answer tutor emails or calls to you, and/or you do not do any activity in your course, for a period of longer than 28 days while you are on the course (unless you have agreed a break with your tutor in advance) or,
learndirectdecides that your actions are unacceptable.
In any of the events above, we will withdraw your access to the course. If you wish to use the services after your access to the course has been withdrawn, you will need to enrol again.

We reserve the right to stop providing the services to you immediately if:

you do not follow the way in which you are allowed to use the course and the Website; or
you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners; or
if you are in receipt of funding from the SFA, and you fail to comply with the requirements of the SFA as described either on the Website or in the Learning Agreement or in information given to you by learndirectwhen you enrol.
If we exercise this right we will tell you by email or by your chosen route. We will then immediately withdraw your access to the course.

Complaints

If you are not satisfied with any aspect of the services, please speak to your tutor or advisor, or contact us in the manner described in ‘Contact us’ section in the learning planner.

Our liability to You

We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. If we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer.

We are not liable for any data that you lose either as a result of accessing the course or during completion of any course on the Website. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course.

Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us to you of the services, which is not otherwise excluded in these Terms and the terms and conditions of the Learning Agreement, (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (regardless of the amount of any public funding for which you are eligible).

The exclusions and limitations of liability contained in these Terms, and the terms and conditions of the Learning Agreement, do not apply to any loss or damage resulting from death or personal injury caused by our negligence, loss or damages arising from our fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.

Privacy and data protection

We treat your privacy very seriously. The information that you provide to us when you enrol for a learndirect course or at any other time is subject to the learndirect Privacy Statement. Please read this. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please ask your tutor. By using this Website you agree that you have understood and accept the terms of the Privacy Statement and the learndirect Use of Cookies Statement.

When you started using the learndirect website, you selected what marketing information you wanted to receive. If you want to change these, please amend your personal profile.

SFA Privacy Notice 2016 to 2017
This privacy notice is issued by the Skills Funding Agency (SFA) on behalf of the Secretary of State for Business Innovation and Skills to inform learners of how their personal information will be used for statutory and other legitimate purposes by:

The SFA, an executive agency of the Department of Business Innovation and Skills (BIS)
BIS
The Department for Education (DfE), including the Education Funding Agency
Any successor bodies to these organisations
By other bodies with whom data is shared by the SFA
BIS and the Department for Education (DfE) (largely for learners age 16-18) are data controllers of this information.

How We Use Your Personal Information
The personal information you provide is passed to the Skills Funding Agency, and the Department for Business, Innovation and Skills. Where necessary it is also shared with the Department for Education, including the Education Funding Agency. The information is used for the exercise of functions of these government departments and to meet statutory responsibilities, including under the Apprenticeships, Skills, Children and Learning Act 2009, and to create and maintain a unique learner number (ULN) and a personal learning record (PLR). The information you provide may be shared with other organisations for education, training, employment and well-being related purposes, including for research.

You may be contacted after you have completed your programme of learning to establish whether you have entered employment or gone onto further training or education.

You may be contacted by the English European Social Fund (ESF) Managing Authority, or its agents, to carry out research and evaluation to inform the effectiveness of the programme.

You can opt out from being contacted for other purposes by choosing a relevant option in the ‘SFA Contract Restrictions’ field which will be discussed with you when you register with learndirect. Further information about use of and access to your personal data, and details of organisations with whom we regularly share data are available at: https://www.gov.uk/government/publications/sfa-privacy-notice

Contacting learndirect
You can contact us:

by a message to you tutor
by calling us on 0800 101 901 if you have a question about your course or have a problem with your computer whilst learning
by email at enquiries@learndirect.net
by post at: FREEPOST learndirect

General
Subject to the terms of any agreement we conclude with you if you enrol on a learndirectcourse, we reserve the right to withdraw all or part of the Website at any time.

These Terms and the terms and conditions of the Learning Agreement are governed by and will be understood in accordance with English law. The contract between us is concluded in the English language. Any dispute arising between us under or in connection with these Terms and the terms and conditions of the Learning Agreement shall be subject to the non-exclusive jurisdiction of the English courts.

These Terms, and terms and conditions of the Learning Agreement, constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services.

You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms and the terms and conditions of the Learning Agreement. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms and the terms and conditions of the Learning Agreement is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website following any changes to the Terms will mean that you accept such changes.

Part D
Terms applying if you purchase online Course Materials
These Terms and conditions apply to you if you are purchasing online Course Materials

Please read these Terms carefully before purchasing a Online Course.

For the purposes of these Terms:

‘you‘ means the individual using the Website
‘Course Materials‘ means the materials provided that enable you to complete a learndirectCourse
‘Course‘ means the online or offline Course Materials, which are in a format that allows (i) downloading the Course Materials via the Website or (ii) accessing and viewing the Course Materials online (or a combination of both (i) and (ii)).
‘Course Fee‘ means the fee payable for a learndirectCourse
‘Enrolment Key‘ means an alpha-numeric code that is generated by the Website if you are buying a course on behalf of your business. These codes can be distributed by you to individuals in your organisation to enable them to access a course.
‘Agent‘ means a third party organisation that has a contract with us to promote the products and services on the Website.
‘Reseller’means a third party organisation that has a contract with us to purchase the products and services on the Website and re-sell to other third parties.
Please note we do not sell course materials outside the UK (by this we mean England, Wales, Northern Ireland and Scotland).

Contacting learndirect
You can contact us:

by telephone on 0800 101 901 between 8am and 6pm Monday to Friday
by email at learndirectbusiness@learndirect.net
by post at learndirect, Learner Services, PO Box 900, Leicester, LE1 6ER;
The purpose of the Website is to provide individuals within small to medium sized Enterprises (companies in England, Wales and Northern Ireland with fewer than 250 employees) (“SME’s) with information on the range of courses and other products and services offered by or via the Website and to facilitate online access to these products and services where they are delivered online.

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the learndirect Copyright Statement .

If you are using the Website to buy access to courses on behalf of your business, you may provide access to Course Materials to individuals within your organisation as set out in these terms.

Where you have been granted access to Course Materials, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute “Enrolment Keys” to anyone except as permitted under these Terms or as permitted in writing by us.

Third Party Links

The Website may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of learndirect, including Agents and Resellers of learndirect. These third-party links are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.

Terms applying if you register as a user of the Website

Individuals will need to register in order to purchase or access Courses that are sold from the Website. By registering, you are creating a “user account”.

Registration

To register as a user of the Website you must be at least 16 years old. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times. We may refuse to accept your application to register as a user of learndirect for any reason in our absolute discretion.

Password

When you register as a user of the Website you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure or for routine security. You can alter your password via the Website.

The information that you provide to us upon registration and at any other time is subject to the learndirect Privacy Statement.

Technical Support

learndirect provides technical support to individuals who have registered on the Website. Technical support is provided on the basis that it is your responsibility to ensure that any computers that are used to access the Website and the Course Materials meet the relevant minimum specification described on the Website.

On the Website we will provide:

Technical specifications for each Course
Samples of each type of Course (to allow you to test that the Course will work on your computer before you buy).
Frequently Asked Questions (FAQs) to help you to diagnose / overcome any technical issues
A phone number and e-mail address for our customer helpline.
Requests for technical support will be routed to the learndirect Learner Services helpline. We use reasonable skill and care in providing such technical support and will use reasonable endeavours to ensure that technical support is available but cannot guarantee uninterrupted availability.

learndirect will provide the following customer support:

A customer helpline. The technical support helpline is available Monday to Friday from 8am-6pm and will be accessible by phone and email. Customers should call 0800 101 901 and press option 2 twice.The helpline will be staffed by appropriately trained staff.
The helpline will provide customers with:
Pre-purchase information and support
Assistance with the purchase and enrolment process
Post-sales technical support and help with any account management, access issues or refunds.
Tutor support (e.g. content-specific) support will not be provided.

You acknowledge and accept that periods of downtime may be required in respect of the learndirect IT infrastructure in the circumstances outlined in these Terms (dealing with unavailability of the Website) and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against us or your learndirect Agent or Reseller) or otherwise in respect of such period of unavailability.

We exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to avail of such technical advice, you should ensure that such advice is strictly followed.

Suspension and termination of your account

You agree that we may at any time without notice terminate your user account and delete all information stored on it, unless it contains Course Materials that have not exceeded their expiry date.

You agree that we may terminate your user account if our agreement with the Agent or Reseller who sold you this Course no longer has a licence from us.

Subject to the terms of any agreement we conclude with you if you enrol on a Course via the Website, we reserve the right to withdraw all or part of the Website at any time.

Terms Applying if you buy or access any course on the Website

These Terms apply to the sale of any Course advertised on the Website, and to the subsequent access of these Courses. These Courses are provided as part of a stand-alone “learndirect ” offering. Tutorial support is not provided in respect of these Courses. Please read these Terms carefully before purchasing a learndirect Course and print off a copy for your records.

Formation of a contract of sale (if you buy online from www.learndirect.com)

In order to purchase and access a Course, you must register as a user of the Website. If you are already registered as a member of learndirect, you can log onto your customer account using the user name and password that you chose when you registered.

When you place an order for a Course you are offering to purchase that Course on these Terms. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details by using the “back button” of your web browser.

You will receive confirmation (via the website and by email) from NetBanx, our payment processor, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by means of a separate confirmation email from us, which will be effective upon sending.

For large orders, we may provide an offline order and invoice process. Where this is provided it is subject to these Terms.

We reserve the right to withdraw at any time Courses advertised for sale on the Website.

Payment by you of the Course Fee (if you have purchased online via the learndirect business website)

You agree to pay us the Course Fee.

The Course Fee for any Course at any given time will be displayed on the Website. Course Fees are quoted in pounds sterling, excluding VAT, however, VAT is payable. The total cost of the Courses and the VAT payable is shown on the shopping basket prior to the online transaction.

We will debit the Course Fee from your credit card or debit card on or after the day you make an order for a Course. Credit or debit card details are collected over a secure link. Please see our Privacy Statement for more information on privacy and security.

We reserve the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the Course Materials will not be sent to you and/or you will not be able to access the Course Materials for the purposes of downloading or completing the Course online) or to pay the balance of the Course Fee to us. If the correct price is lower than advertised, we will refund the balance of the Course Fee to you.

Other Changes

You may incur additional charges to your Internet Service Provider while you are accessing and / or downloading the Course Materials. Additional charges may also be payable to third parties for use of the software necessary to access and / or download the Course Materials. You are responsible for paying these charges.

Provision of Access

(a) If you have purchased online via the learndirect website

We will provide you with access to online Course Materials after we have confirmed your order by email. This will immediately follow a successful online transaction.

The online purchase process prompts you to specify whether you are:
a) buying for yourself or
b) buying for others.

Where you have specified that you are buying for yourself, in order to access Course Materials, you will be able to access the Course Materials by logging on the website using your registration details. The Course Materials can be accessed by you through the “my courses” page of the Website.

Where you have specified that you are buying for your business, or if you have purchased multiple copies of the same Course, the website will generate a series of “Enrolment Keys”. An Enrolment Key is a string of numbers and letters which will allow an individual to access the relevant Course Materials through the website after registration. Each Enrolment Key can be used by one person to access a specific Course. You may supply Enrolment Keys that we provide to you to individuals within your organisation (“Enrolment Key Holders”) for the purpose of providing them with access to the Course Materials. Unless otherwise stated, enrolment keys must be activated within 6 months and will provide access to the course for the duration stated on the course description. We cannot extend or replace expired enrolment keys.

(b) If you have purchased by placing an order to be paid by invoice

We will provide you with access to online Course Materials after we have confirmed your order by email. This will immediately follow a successful online transaction. Depending on your purchase and delivery requirements, we will fulfil your order in one of a number of ways.

These may include:
“Enrolment Keys”. An Enrolment Key is a string of numbers and letters which will allow an individual to access the relevant Course Materials through the Website after registration. Each Enrolment Key can be used by one person to access a specific Course. You may supply Enrolment Keys that we provide to you to individuals within your organisation (“Enrolment Key Holders”) for the purpose of providing them with access to the Course Materials. Unless otherwise stated, enrolment keys must be activated within 6 months and will provide access to the course for the duration stated on the course description (typically 3 or 6 months). We cannot extend or replace expired Enrolment Keys.

“Learner Management System” (LMS).” A LMS is an online system that can be used to facilitate and track course enrolments. Depending on your purchase, the access model may include:

“Specific Course Enrolments” If you have purchased a number of enrolments (an enrolment provides access to a single course for one individual learner) from a specific course range, these will be added to your LMS account for you to administer (by registering your learners and providing access to the courses). In this case the enrolments must be accessed by the individuals within 12 months and (once the enrolment has been activated) will provide access to the course for the duration stated on the course description (typically 3 or 6 months). We cannot extend or replace expired enrolments.

“Pre-payment”. If you require the flexibility to select courses from across the range of products on the LMS, then you may make a pre-payment for unspecified course enrolments which will be added as a “starting balance” onto the LMS. The cost of each individual course (as shown on the LMS) is deducted from the pre-paid balance when a learner is enrolled onto that course. Your pre-payment must be used within 12 months and cannot be extended or refunded (meaning that you must “spend” your pre-payment by enrolling learners within the system to the value of the pre-payment).

c) If you purchased online Course Materials from one of our Resellers, you will be given access to the materials by the Reseller.
Please note that it is your responsibility to check that the computer you plan to use to access your Course Materials is compatible with the minimum specification requirement that relates to the Materials you are ordering. The minimum specification for each course is provided on the Website.
You accept that you will not have a claim for breach of contract (either against learndirect or an Agent or Reseller of learndirect) or otherwise in respect of any period of downtime/ unavailability of the website in circumstances similar to those outlined in Part A paragraph 1 of these Terms (dealing with the accessibility of the Website

Delivery of offline products (CD Roms, DVD etc)

If the Course Materials are delivered in CD-ROM or other offline format, we will use reasonable endeavours to ensure that such materials will be despatched within 48 hours and should be received within 5 working days of purchase.

Your Right to Use the Course Materials and your Related Obligations

Online Course Materials: In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Course Materials for the sole purpose of personal home or work use. As such, you and any Enrolment Key Holder may make copies of the Course Materials as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website as are reasonable for private purposes.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Offline Course Materials -CD Roms, DVDs etc: In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Offline Course Materials for the sole purpose of personal home or work use. As such, you and any Enrolment Key Holder may print for your personal use so many pages of the Offline Course Materials as are reasonable for private purposes.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Offline Course Materials. Any use of the Offline Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Your Right to Cancel the Course

How long do you have to change your mind about purchasing Course Materials?

(a) If you have purchased online via the learndirect website.

You may cancel your purchase of Course Materials within the following periods:

Online Course Materials: You may cancel your purchase of Course Materials within a period of 7 working days beginning on the day after the day on which the contract is concluded with you as notified by email confirmation from learndirect in accordance with these Terms.

Course Materials in CD-ROM or other offline format: You may cancel your purchase of Offline Course Materials within a period of 7 working days beginning with the day after the day on which you receive the CD-ROM or other offline materials.

These periods are called “cooling-off periods” and we will credit the Course Fee to your credit or debit card as appropriate within 28 days of receiving your notice of cancellation.

During the cooling-off period, you may cancel your order by post, telephone, email or fax using the contact details at the end of Paragraph 1.

(a) If you have purchased online from one of our Authorised Resellers

You may cancel your purchase of Course Materials within the following periods:

Online Course Materials: You may cancel your purchase of Course Materials within a period of 7 working days beginning on the day after the day on which the contract is concluded between you and the Reseller.

Course Materials in CD-ROM or other offline format: You may cancel your purchase of Offline Course Materials within a period of 7 working days beginning with the day after the day on which you receive the CD-ROM or other offline materials.

These periods are called “cooling-off periods” and during this period you should contact the Reseller who will arrange a refund.

Exceptions to the right to cancel during the cooling-off period.

You cannot cancel your purchase of Course Materials if you have accessed the Course Materials (as the contract will be deemed to have commenced at the time of access), unless the Course Materials are faulty.

Offline Course Materials must be returned to us in their original condition with the security seals intact. You cannot cancel your purchase of Offline Course Materials comprised of CDs, DVD or tapes with audio or video recordings or computer software if the security seal has been broken, unless such items are faulty.

Your statutory rights in the event of receiving faulty goods are not affected. However, we reserve the right to independently test any returned item. Where the result of such tests proves that the item is not faulty, we will return the item to you and charge you the direct cost of re-delivering such item. For this reason, where possible, we advise you to check the Offline Course Materials on a second machine or alternative equipment before returning them to us. Conversely, where the result of such tests proves that the item is faulty, you will not be charged for the cost of sending any replacement product.

Quality of the services

We will provide the Course Materials in accordance with the Course description which is set out on the Website.

We do not make any commitment to you that the Course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Course (unless otherwise stated on the Website).

Other than the stated minimum technical specification, we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware.

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

Our Rights to Stop Providing the Services to you

If you have purchased online Course Materials via the learndirect website, we will make the Course Materials available to you for a period of six months after which point we will suspend your access to the course. This six month period starts immediately following the issue of your confirmation email. If you purchased the materials from one of our Resellers the six month period is from the date the Reseller gives you access to the materials. If you wish to access the Course Materials after your access has been terminated, you will need to submit a new order via the Website or contact the Reseller from whom you purchased the Materials. In certain circumstances, for example if you suffer from a disability, we may extend the time period in which you may access the Course Materials. To enquire about such an extension, please contact us via contact details above.

We reserve the right to suspend your access to online Course Materials immediately in the event that:

you fail to comply with the clause of these Terms which deals with the manner in which you are permitted to use the Course Materials and the Website; or
you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff.
If we exercise this right we will notify you and will then immediately suspend your access to the Course Materials.

Our Liability to you

Notwithstanding these terms;

The exclusions and limitations of liability contained in these Terms do not apply to:

[your statutory rights as a consumer, nor your right to return the Course Materials;]
any other losses which may not be excluded or limited by law.
We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Course Materials, and (ii) all data that you are inputting when completing the Course.

In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk.

Except as set out in these Terms, our maximum aggregate liability to you for any claim that you may have against us, under or in connection with, the provision by us, to you, of the Course Materials and associated technical support which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us) shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

Last Updated: May 2018