Terms and
conditions

Terms and Conditions

Please read these Terms and Conditions of Use ('Terms') carefully before using this 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 online

Part A

1. Terms applying to all users of the learndirect website.

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.

2. 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.

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 learndirect Copyright Statement.

4. 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 learndirect and 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 learndirect or 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 learndirect centres, 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.

5. 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.

6. 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.

7. 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.

8. Contact us

You can contact us:

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

Part B

9. Terms applying if you enrol for a learndirect course 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 learndirect Limited. learndirect 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
  • 'Assessor' the person who assesses your course and provides feedback
  • 'enrol' means the process of enrolling for a course.
  • 'services' means the support we provide to you on the learndirect website where your learning takes place, the online course materials you use on the learndirect website, and the assessor 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 assessor. Your assessor 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 assessor 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 assessor 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 assessor 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 assessor, and you can call Learner Services by phone.

Assessor Support: When you enrol on your course we will assign an assessor to support to you through the course. If your course is Funded your Student Support Officer (SSO) will contact you regularly to discuss your progress. You must keep in touch with your SSO at least every 3 weeks if you are going to continue on the course. Your Assessor 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. The Assessor you speak to will know what course you are doing and how you have progressed so far. You may contact us 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 assessor 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 assessor marks the course as completed or achieved or,
  • you do not answer assessor 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 assessor in advance) or,
  • learndirect decides 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 learndirect when 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 assessor 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 assessor. 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:

  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 SSO or Assesor
  • 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

10. 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.