Terms & Conditions
Part One: Terms and Conditions for Use of Innergy Websites
Important: These are the terms and conditions upon which we provide Innergy websites. By accessing the Site, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use or access the Site.
"You" means the user of the Site, "We/us" means Innergy Ltd and all its associated and subsidiary companies, "Site" means the sites of Innergy Ltd on the World Wide Web. "Content" means the information and other material available within the Site.
Rights granted/rights reserved
You acknowledge that the Content is made available to you for your personal use only and that you may download the Content onto one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the content.
The site and the content (which includes Content that is supplied to us by third parties either directly or indirectly) is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to, implied warranties or conditions or completeness, accuracy, satisfactory quality and fitness for a particular purpose.
You agree that, except for death and personal injury arising from our negligence, we shall not be liable in contract, tort, negligence, statutory duty or otherwise, for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or any bookings or purchases you make of goods and/or services through your use of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage.
You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by third parties via the Site. You acknowledge any bookings or purchase of goods or services made by you through the Site shall be subject to the terms and conditions of the third party supplying the service and/or goods concerned and that we will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and third parties. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
Availability of the site
You acknowledge that it is technically impossible to provide the Site free of faults and that we do not undertake to do so; that faults may lead to temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, without limitation, transmission and telecommunications links between us and you and between us and other systems and networks.
Links to other sites
We may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such sites.
Use of the site/indemnification
i. not to use the content for any unlawful purpose;
ii. that you shall not make any use of the Site such that the whole or part of the Site is interrupted, damages, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired;
iii. not to use the Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
You acknowledge that all copyright, trademarks and all other intellectual property rights in the content shall remain vested in us or our licensors.
A cookie is a piece of information that is stored on your computer’s hard drive by your web browser. On revisiting the website our computer server will recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance.
- enable the signing in process to operate after you have registered with us;
- enable us to estimate and report on our total audience size & traffic;
- conduct research to improve our content and services.
Changes to these terms and conditions
We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.
Those terms and conditions (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
English Law These terms and conditions shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts.
Part Two: Terms and Conditions for Use of Innergy Ltd E-Learning Content, Tools and Documentation
These Terms and Conditions apply to the provision of courses advertised on www.innergy.co.uk (the 'Website'). Please read these Terms carefully before enrolling on a course.
For the purposes of these Terms:
- 'we' and 'us' means the Innergy provider who will provide the Services to you. '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.
When you enrol for an Innergy course 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.
The information that you provide to us when you enrol for an Innergy course or at any other time is subject to the Innergy Privacy Statement.
Provision of the Services
We will provide you with access to the Course Materials once you have enrolled. You will need to log on using your chosen user name and password to access the course materials on-line.
You can log onto the Website from any computer using your assigned user name and password but you should be aware that not all computers have the software that will enable you to access all of the Course Materials. Please check the software requirements held within the course catalogue on the Website. In the event that your computer does not have the necessary course players installed, the catalogue will inform you of this and will provide a link to a web-page or a website which will allow you to download the player that will enable you to access the Course Materials. If this does not help you should contact Innergy, details of which will be on the Website.
If learners require technical advice they should always contact their Innergy provider in the first instance.
You acknowledge and accept that periods of downtime may be required in respect of the Innergy IT infrastructure in the circumstances outlined in these Terms 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 Innergy provider) 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 take advantage of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with your Innergy provider as outlined in Paragraph 12.
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:
- you notify Innergy that you wish to cancel your enrolment; and
- you have not accessed the Course Materials or obtained tutorial support.
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.
Innergy uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. Innergy 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 Innergy.
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 on the Website when you enrolled) and we expect you to take reasonable care to verify that the course in question will meet your needs. Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services or that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website when you enrolled, subject to your successful achievement of that qualification).
Except as described earlier in this statement, we do not make any commitment that the Course Materials will be compatible 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.
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.
Payment by you of the Course Fee
You agree to pay Innergy the course fee (including VAT where applicable).
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. 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.
Our Rights to Stop Providing the Services to You
If you are an on-line learner, we will make the Course Materials available to you via the Website from Enrolment until the earlier of:
- your notifying us in writing, by email or by telephone that you have completed the course and no longer require access to the Services;
- your failing to access the course materials for a period of 180 days or more
On the occurrence of the earlier of the events above, we will suspend your access to the Course Materials. If you wish to subscribe for the Services after your access to the Course Materials has been terminated, you will need to enrol again. We reserve the right to stop providing the Services to you immediately in the event that:
- you fail to comply with the paragraph 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, or that your conduct is violent or threatens the physical safety of either our staff or any other person associated with Innergy.
If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your access to the Course Materials.
In the event that you are not satisfied with any aspect of the services, please contact us via the Innergy website.
Our Liability to You
The exclusions and limitations of liability contained in these Terms 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.
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 Innergy) 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.
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 [i.e.not to be used by, or transferred to, another person] for you to use the Course Materials for the sole purpose of non-commercial home or work use in connection with the receipt of the Services. You may not makes copies of any Course Materials supplied to you.
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.
Subject to the terms of any agreement we conclude with you if you enrol on an Innergy course, we reserve the right to withdraw all or part of the Website at any time.
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). 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.