TERMS AND CONDITIONS FOR QUARTIC COURSES
These terms and conditions comprise the “Agreement” pursuant to which Quartic Training Limited (QTL) provides a “Course” to the “Candidate”. The Candidate should read this Agreement carefully before accepting the terms and booking a Course.
“Agreement”: these terms and conditions and all application data provided by the Candidate.
“Candidate”: Person who makes a purchase, or on whose behalf a purchase is made, of services or products of QTL. These include, inter alia, live training courses, access to online training media (including, but not limited to, video recordings, live webcasts, question banks, mock exams and other educational products and services provided online), printed products and third party services and products resold by QTL.
“Commencement Date”: The date on which a Course is deemed to begin. Where a Course has scheduled dates, the Commencement Date is the first date of that schedule. Where a Course is online and undated, the Commencement Date is the first date on which the Candidate successfully logs onto the online platform, regardless of whether the Candidate accessed any of the products provided on the platform. Where a Course has both scheduled dates and undated online services, the Commencement Date is the earlier of (1) the first date of the schedule, and (2) the first date on which the Candidate successfully logs onto the online platform.
“Course”: The training service provided directly by QTL. For the avoidance of doubt, this INCLUDES live training, both face-to-face and online, and online recorded training, for which the Candidate has entered a contractual agreement with QTL; and EXCLUDES training for which an individual or other entity has entered a contractual agreement with a party other than QTL. For the further avoidance of doubt, a training service for which an individual or other entity has entered a contractual agreement with a licensee organisation forms part of this exclusion.
“Data Protection Legislation”: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)[; and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
“Live Commencement Date”: The date on which the live component of a Course is scheduled to begin. This includes both face-to-face and online training.
“Materials”: Online or hard copy media produced by QTL for usage by Candidates. This includes, but is not restricted to, printed slides, books, question banks, progress tests and mock exams, and online classes, both recorded and live, question banks, progress tests and mock exams.
“QTL”: Quartic Training Limited, company registered in England and Wales number 5874751.
- Payment Terms
- Payment in full for the Course must be made by the Candidate for the booking to be confirmed. No place on a face-to-face Course will be guaranteed by QTL and no online services will be provided without receiving full payment in cleared funds. Commitment to payment through the usage of a credit agreement approved by QTL will constitute payment to QTL.
- In the event that the Candidate’s employer has agreed to pay QTL for the Course:
- QTL may agree to accept payment after the booking has been made provided that QTL has agreed credit terms in writing with that employer;
- the Candidate remains liable for payment in the event of failure to pay or late payment by the employer; and
- for the avoidance of doubt, all of QTL’s rights in clauses 1.3 to 1.7 inclusive shall continue to apply.
- Course prices are subject to change at any time, and are only guaranteed once full payment has been received by QTL. All payments must be made in British pounds (GBP) unless QTL has given written consent otherwise.
- The Course fees as set out in communications between the Candidate and QTL, are stated inclusive of VAT (unless otherwise specified), but are exclusive of (i) any required fees payable to any third party (ii) any study notes prepared by any entity other than QTL and (iii) any shipping costs not explicitly stated as being included. The Candidate is responsible for any bank charges or other fees incurred by virtue of the payment.
- QTL reserves the right to charge interest at the rate of 2% above the base rate of HSBC Bank Plc on any late payments.
- Any refunds given, including those made pursuant to clauses 2.2 and clauses 2.7 to 2.9 inclusive will only be made to the original payer of the fees. Such refunds will be made in British pounds (GBP) and the Candidate is responsible for any bank charges or other fees incurred by virtue of the refund.
- In the event that any cheques are dishonoured, QTL will charge the Candidate an administration fee of £25 plus VAT.
- Courses and enrolment
2.1 Candidates who have enrolled in face to face training, must bring confirmation of enrolment from QTL on the first day of the Course, failing which entry may be refused. Such confirmation may be in the form of an e-mail from QTL.
2.2 QTL reserves the right to cancel, reschedule or change the location of the Course or any class if, in the opinion of QTL, such action is necessary for whatever reason. QTL will notify the Candidate by email or other means as soon as possible of any such change. In the event that the Course is cancelled by QTL, either an alternative course will be offered or a refund provided.
2.3 No particular tutor is guaranteed for the Course or any part of it.
2.4 Courses are not transferable between Candidates. Only the enrolled Candidate is entitled to attend.
2.5 The Candidate must sign the register every day of the Course, if such register is provided by the tutor. No other person is permitted to sign the register on the Candidate’s behalf.
2.6 Candidates may be excluded from all or any part of the Course if:
2.6.1 the fees have not been paid in accordance with this Agreement;
2.6.2 the Candidate causes disruption to the Course or any part of it or in any way diminishes the ability of other Candidates to properly benefit from any course provided by QTL; or
2.6.3 the Candidate conducts him/herself in a manner which, in the reasonable opinion of QTL, brings that Candidate or QTL into disrepute; or
2.6.4 the Candidate is in material breach of or repeatedly breaches this Agreement; or
2.6.5 the Candidate, for whatever reason, is not lawfully permitted to take the Course within the UK.
In the event of a Candidate being excluded from part or all of the Course, no refunds will be given.
2.7 Subject to clauses 2.8 and 2.9, once the Candidate is booked on the Course, the Candidate is not entitled to cancel the booking. Any cancellation other than under clauses 2.8 and 2.9 will be at QTL’s absolute discretion. If QTL permits the refund then it will be subject to the deduction of a £200 cancellation fee and a further deduction in respect of any Materials which have been supplied to the Candidate.
2.8 The Candidate is permitted to cancel a booking on the Course provided that:
2.8.1 the cancellation takes place no later than 14 days prior to the Live Commencement Date, if the Course includes such component; and
2.8.2 the Candidate has not successfully logged onto the online platform. For the avoidance of doubt this includes logging onto any part of QTL’s online facility, either prior to issuing the cancellation notice to QTL, or subsequent to such notice; and
2.8.3 the Candidate pays in full for all Materials which have been supplied to, or ordered by, him/her (such payment shall not be refunded in the event the Course is cancelled);
and QTL shall be permitted to deduct any sums due to it pursuant to clauses 2.7 and/or 2.8 from any sums it holds from or on behalf of the Candidate.
2.9 In addition to clause 2.8 the Candidate may cancel within 14 days of the original booking date (the cooling off period). The Candidate will receive a full refund if no Materials or other components of a Course have been used. If any Materials or other Course components have been used then the full value of such Materials or Course components will be deducted by QTL when making the refund. If only partial payment has been made and this does not cover the value of Materials and Course components that have been used, then the Candidate shall be liable to QTL for any shortfall.
2.10 The Candidate may defer a Course for (i) a further period of six months for a CFA Level I course or (ii) to the next calendar year for all other courses, if it has not yet passed its Commencement Date, subject to availability and subject to an administration charge of £200. The Candidate is also liable for any increase in the course fee. Course deferral is at the absolute discretion of QTL.
2.11 Where a Candidate defers a Course under clause 2.10, that Course under the deferred dates becomes non-cancellable and non-deferrable, and the provisions of clauses 2.8 to 2.10 inclusive no longer apply. For the avoidance of doubt, this means that a Candidate may not defer a Course more than once.
- Course Materials
3.1 The Candidate is granted a non-transferable, non-exclusive licence to use the online materials provided by QTL. That licence terminates upon termination of this Agreement for any reason. If online access has been linked to a dated exam (e.g. a Chartered Financial Analyst® exam in a specified month), then online access to the materials will expire on the day of the exam date specified when the booking was made. In all other cases online access is granted for six months. An extension to this licence constitutes a new booking.
3.2 The Candidate may only use Materials for their own educational purposes and shall not, without QTL’s prior consent in writing, copy, make available, reproduce, sell, disseminate, sub-licence, distribute, publish, broadcast or otherwise circulate the Materials (or any part of them) or transfer the rights granted in clause 3.1 to any person.
3.3 The Candidate shall fully indemnify QTL in respect of any infringement of QTL’s intellectual property rights arising as a result of the Candidate’s breach of this Agreement. If a Candidate infringes QTL’s intellectual property rights under clause 3.2 then the Candidate shall be liable to QTL for the published price of any Materials or other products or services obtained by any person as a result of the infringement. For the avoidance of doubt this includes any Materials or other products or services indirectly obtained from a person, organisation or online facility that had obtained Materials or other products or services from the Candidate, or any further iteration following this description.
- NoticesAny notices required to be served by QTL under this Agreement will be deemed properly served if sent by prepaid postage to the postal address, or emailed to the email address notified by the Candidate. Any notice served on QTL must be served by prepaid postage to 25 Grove Avenue, London N3 1QS.
- Limitation of Liability
5.1 The liability of QTL for direct losses arising out of its negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with this Agreement shall be limited to the cash receipts from the Candidate (or the employer) for the Course.
5.2 QTL shall not be liable for any indirect or consequential loss whether arising from negligence, breach of contract or otherwise.
Personal possessions are the sole responsibility of the Candidate. QTL accepts no responsibility for anything which is lost, stolen or damaged from/at its venues or premises. Candidates are advised to keep all of their possessions with them at all times.
- Change of details
The Candidate must notify QTL straight away of any change in the Candidate’s contact details.
8.1 QTL warrants that the Materials it produces and provides as part of the Course will be of satisfactory quality but does not warrant that the Materials will be error free. The Materials are provided for educational purposes only and are not designed for giving professional or investment advice or guidance to any person, including the Candidate him/herself.
8.2 QTL warrants that it will perform any services under this Agreement with reasonable skill and care.
8.3 The warranties set out in clauses 8.1 and 8.2 are in lieu of all other warranties express or implied which are hereby excluded to the fullest extent permitted by law.
- Data Protection
10.1 If any provision of this Agreement is held to be invalid or unenforceable by any tribunal or court of competent jurisdiction, the remaining provisions shall not be affected.
10.2 This Agreement is governed by English law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.