Copyright © 2004 Oxford IT Training Academy Ltd All rights reserved
 

Terms and Conditions

Please read these Terms and Conditions of Use ('Terms') carefully before using www.OITTA.org.uk (‘Website'). These Terms apply to all users of this Website including casual browsers.

 

1. Terms applying to all users of the OITTA website.
Please read these Terms and Conditions of Use ('Terms') carefully before using www.OITTA.org.uk (‘Website'). Additional terms and conditions apply if you enrol on a course. These will be drawn to your attention on registration or enrolment as applicable.

In these Terms, 'we', 'us' and 'OITTA' means :

Oxford IT Training Academy Ltd

which is the owner of this Website and the OITTA 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. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of OITTA.

You accept that you will not have a claim for breach of contract (either against us or your OITTA provider) 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 :

 

The exclusions and limitations of liability contained in this section do not apply to :

 

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.

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

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

4. Third Party Links
OITTA may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of OITTA. These third-party links are provided for your convenience only and are accessed at your own risk. OITTA is 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

5. 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 this page. 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.

6. Terms Applying if you Enrol for a OITTA Course
These Terms and Conditions ('Terms') apply to the provision of courses advertised on www.OITTA.org.uk (the 'Website') or in a OITTA centre. Please read these Terms carefully before enrolling on a course.
For the purposes of these Terms:

we' and 'us' means OITTA who will provide the Services to you. When you enrol on a course OITTA  will be the person who operates that OITTA centre to which you pay your Course Fee.
'you' means the learner receiving the Services;
'enrol' means the process of enrolling for a course and the term "enrolment" shall be construed accordingly. When you enrol this will involve you completing the relevant application forms;
'Services' means (i) the provision of the Course Materials in electronic format via the Website unless you have requested that the Course Materials be provided in paper or other format where that option applies; and (ii) the provision of tutorial and other support;
'Course Materials' means the materials required to complete the Course; and
'Course Fee' means the fee payable for the provision of the Services.

7. Provision of the Services
We will provide you with access to the Course Materials once you have enrolled. If the Course Materials are delivered in an offline format the materials will be despatched to you after your enrolment. You will need to log on through the Website to access the Course Materials. If you are already registered as a member of OITTA, you can log on using the user name and password which you chose when you registered. If you are not registered as a member of OITTA, you will need to do so and obtain a user name and password before you can access the course materials on-line.

OITTA also provides technical support to learners. Requests for technical support outside our opening hours will be routed to the OITTA Learner Services helpline. Both we and OITTA will use reasonable skill and care in providing any technical support and will use reasonable endeavours to ensure that technical support is available to you. However, OITTA cannot guarantee uninterrupted availability of technical support.

You acknowledge and accept that periods of downtime may be required in respect of the OITTA 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 OITTA or us) or otherwise in respect of such periods of unavailability.

8. Your Right to Cancel the Course
Once you have enrolled for a Course, if you decide that you wish to cancel your enrolment, you may do so provided that:

9. Quality of the services
We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Website or which was made available to you at the OITTA centre when you enrolled.

OITTA uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. OITTA 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 OITTA.

Except as described above, if you are not accessing your course in a OITTA centre we do not make any commitment that the Course Materials will be compatable with or operate with the software or hardware on your computer.

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.
Additional charges may be payable to third parties for use of the software necessary to view and download the Course Materials. You are responsible for paying these charges. In the event that you attend a OITTA centre and wish to access the course materials from a computer at the OITTA centre, we will reserve the right to charge you a reasonable fee in respect of your use of such equipment.

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.

10. Payment by you of the Course Fee
You agree to pay us the course fee (including VAT where applicable) to OITTA.
We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the Website or notified to you by the OITTA centre. 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. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.

11. Complaints
In the event that you are not satisfied with any aspect of the services, please contact us in the manner described in the OITTA Learner Charter contained on the Website.
If, having raised the issue with us, you are still not satisfied, please contact OITTA. For Contact details see paragraph 14.

12. Our Liability to You
The exclusions and limitations of liability contained in these Terms do not apply to:

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is 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. In the event that 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 shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

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.

Except where the above applies, 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 services 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 and/or by OITTA) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (before such course fee is reduced by the amount of any public funding for which you are eligible).
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.

13. Your Right to Use the Course Materials and your Related Obligations
In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home, work or OITTA centre use in connection with the receipt of the Services. As such, you may make copies of the Course Materials as they appear on the Website 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. You may not makes copies of any Course Materials supplied to you in hard copy format.

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.

14. General
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.

These Terms 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 (which includes, for the avoidance of doubt, the description of the Services set out on the Website or provided to you in a OITTA centre). 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 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.

15. Contacting OITTA
You can contact us:

by telephone on 0800 0845 015 between [09.00 and 17.00 Mondays to Fridays];

by email at enquiries@OITTA.org.uk; or

by post at:

Oxford IT Training Academy
Talbot House, 204-226 Imperial Drive, Harrow, London HA2 7HH

 

Last Updated: 18th June 2007