Online Academy Conditions of Sale
Introduction
UCEM Online Academy: is a trading name of UCEM Courses Limited
UCEM Courses Limited: is a company registered in England, company number 2169181 and a wholly owned subsidiary of University College of Estate Management, a charity registered in England and
Wales registration number 313223. Registered office address: Horizons, 60 Queen’s Road, Reading RG1 4BS
Definitions:
UCEM: means UCEM Courses limited
ONLINE ACADEMY: means the sales and fulfilment service provided by UCEM Courses limited.
VLE: means the Moodle platform where access to COURSE material is provided.
DELEGATE: means person or persons engaged on a course sold via the Online Academy
COURSE: means any; self-managed or tutor supported online training course, workshop, event, seminar and or CPD event provided by UCEM Courses Limited (UCEM) where the DELEGATE is attending online or in person;
PERSONAL DATA: refers to all data collected at contract, during the normal operation of the COURSE, during feedback provided by the DELEGATE
FORMAL CPD: means a form of structured learning that has clear learning objectives and outcomes, such as a professional course or structured online training. It could also be learning that includes an assessment.
IPR: means intellectual property rights.
1. The Contract
1.1 This document sets out the conditions of sale which apply to the purchase of COURSEs with University College of Estate Management Online Academy (“UCEM Online Academy”).
1.2 The contract is formed when you register on the COURSE for the first time. When you have registered we will send you an email to confirm that you have been registered on the COURSE and have now entered into a contract with UCEM. Please see Clause 7 which explains our right to end your contract and Clause 9, which explains your rights to cancel your contract.
1.3 For online self-managed courses access to the COURSE is provided from the date of purchase. It is the responsibility of the DELEGATE to access the COURSE and certificates of completion while enrolment is active online. No refund will be given for any failure to do so. Extensions of access will be made available at our absolute discretion.
1.4 For online tutor-supported courses and face to face events access to the COURSE is provided from the start date of the COURSE. The start date of each COURSE will be displayed on the UCEM Online Academy website.
1.5 We reserve the right to postpone the start date of the COURSE by up to 28 days after the published start date where provision of the COURSE is supplied by a third party, and/or insufficient DELEGATES are registered on the COURSE.
2. Our obligations to you
2.1 UCEM Online Academy will provide access to the teaching material, assessment, and other educational services as detailed on the Online Academy website (https://www.onlineacademy.ucem.ac.uk/WPsandbox)
2.3 UCEM Online Academy will award certificates of completion for COURSEs as applicable to all DELEGATES who are successful in the requirements for their COURSE.
2.4 Where relevant the number of formal CPD hours will be reflected on the completion certificates.
2.5 Certificates will not be issued for promotional videos.
2.6 For the CIOB Chartered Membership Programme there is no certificate of completion. Confirmation that DELEGATES have achieved Chartered Membership status is provided by the CIOB on successful completion of the programme.
3. Course Fees
3.1 You agree to pay the fees for your COURSE as shown on the Online Academy and UCEM website.
3.2 Unless otherwise specified VAT is applicable in addition to any fees stated.
3.3 The COURSE fee covers access to and use of the Online Academy Virtual Learning Environment (VLE) and online learning COURSE materials whether supplied by UCEM or its partners.
3.4 DELEGATES will be liable for the payment of any third-party fees as relevant for their COURSE.
4. What we may do if you fail to pay your COURSE fees
4.1 If you fail to pay your COURSE fees when due we will contact you to request payment. If you do not pay the outstanding amount or agree a revised payment plan with the Finance Office, we may then withdraw your access to the Online Academy VLE. If you continue not to make payment we may end your contract and revoke your licence to use COURSE information and materials, and/or bring legal action against you.
4.2 If we continue to provide services while you are in debt to us, we may still take these actions against you later.
4.3 Even if a sponsor agrees to pay fees on your behalf, you remain ultimately liable for your fees to us. You may still have to pay any unpaid outstanding balances.
4.4 Continued provision of services will not prejudice the right of UCEM to take such action.
5. Licence to use Course Materials and Training Information
5.1 All intellectual property rights (“IPR”) including but not limited to copyright and related rights, trade marks, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including knowledge and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world in COURSE materials, information, documents and content (“COURSE Materials”) provided to you by UCEM Online Academy remains vested wholly in UCEM Online Academy as owner or licensee of the IPR. UCEM Online Academy grants to you a personal non-exclusive restricted licence to use the COURSE Materials solely for your own (the DELEGATE’s) personal use as part of studying a COURSE with UCEM Online Academy and the COURSE Materials must not be copied, reproduced, sub licenced or transferred to any other party. You agree to indemnify UCEM Online Academy in respect of any breach or misuse of UCEM Online Academy’s IPR and any breach of this condition may lead to legal action being taken to protect UCEM Online Academy’s interest.
5.2 COURSE Materials may only be used by you personally as part of your contract and study with UCEM Online Academy and you may not share, loan, copy reproduce or grant in any way any right or licence to use the COURSE Materials to any third party.
5.3 UCEM Online Academy agrees to compensate you against any claims, damages, or losses arising because of any claim or action that the COURSE Materials infringe any IPR belonging to a third party. For this purpose, COURSE Materials are defined as all material that is published on the Online Academy VLE by UCEM Online Academy that forms part of the learning for each COURSE.
5.4 Unless otherwise assigned and subject to Clause 6.5 below, where IPR is created by a DELEGATE during their period of study, for example through a piece of assessment, the IPR is retained by the DELEGATE.
5.5 There are specific situations in which UCEM Online Academy may wish to vary the DELEGATE IPR, for example in advancing a collaborative arrangement. In such a situation, the DELEGATE could be asked to sign an appropriate IP Rights assignment. Thus, where UCEM Online Academy agrees with a DELEGATE that DELEGATE work will be used as part of a further Research publication produced by UCEM Online Academy, the IPR will be shared by both parties. The DELEGATE’s work will be acknowledged and, where appropriate, subject to a revenue sharing scheme.
6. Our right to vary these Terms and Conditions
6.1 UCEM Online Academy has the right to revise and amend these terms and conditions, to;
- comply with external professional, accrediting and/or regulatory body requirements and/or changes in the law;
- implement changes for the benefit of DELEGATEs because of COURSE monitoring;
- ensure the curriculum is current and relevant to intended learning outcomes and/or standards of any relevant professional, accrediting and/or regulatory bodies and/or employer requirements.
6.2 Where the change leads to a difference in the COURSE that is offered, changes will be implemented in consultation with relevant stakeholders (e.g. employer representatives), setting out the reasons for the proposed amendment(s). Should such an eventuality occur during the registration process, prospective DELEGATEs will be informed immediately of any change and the alternative arrangements that have been put in place. Existing DELEGATEs will be informed of when the changes will be effective from, which will usually be the next academic year (1 August).
6.4 Where changes in the COURSE adversely affect a DELEGATE UCEM Online Academy will seek to offer the DELEGATE a suitable replacement COURSE. If the DELEGATE does not wish to accept UCEM Online Academy’s offer of a replacement COURSE or if UCEM Online Academy is unable to offer a replacement the DELEGATE will be able to withdraw from the COURSE. In the event the DELEGATE withdraws, UCEM Online Academy will make an appropriate refund of any fees paid by the DELEGATE.
6.5 The Principal has the authority, following consultation with the Senior Leadership Team to discontinue a COURSE on the grounds of financial viability and/or resource availability.
6.6 In the event that a COURSE is discontinued, no new DELEGATEs will be enrolled, but those already registered will be able to continue to complete the training COURSE. If exceptionally an accelerated closure is approved, UCEM COURSEs Ltd must satisfy itself that appropriate arrangements are in place to protect the interests of existing DELEGATEs.
7. Our right to end this contract
7.1 We may terminate your contract and your relationship with UCEM Online Academy at any time if you commit a material breach of your obligations under this contract. This could include any of the following:
- We find that you have given us untrue or misleading information as part of the registration process. This could include false information on the previous qualifications you have obtained, or not supplying correct documentary evidence of previous qualifications. If documentary evidence is required; photocopies only should be supplied, certified by a professionally qualified person such as a member of RICS, CIOB, a lawyer, police officer or doctor. Correct evidence of your qualifications which matches the details of your qualifications that have been provided on your application form must be supplied within eight weeks of the COURSE start date.
- You fail to pay your COURSE fee or any part thereof;
- You fail to complete any COURSE within agreed timescales; and/or
- Your conduct constitutes any of the disciplinary offences set out in Clause 9 below.
7.2 Notification of the termination of your contract by UCEM Online Academy will be provided in a clear written statement, either by letter sent by post, or email.
7.3 DELEGATEs may be excluded from UCEM Online Academy either temporarily or permanently on the authority of the Principal, or on the authority Delegated to the Deputy Chief Executive Officer. Such exclusion may be sanctioned based on academic or disciplinary grounds, or in cases of non-payment of fees.
7.4 Additionally UCEM Online Academy reserves the right to exclude or terminate a DELEGATE’s access from a COURSE if they make repeated and/or unfounded appeals or complaints regarding the COURSE and/or its delivery where in the opinion of UCEM Online Academy such conduct is considered untruthful, vexatious, malicious, and/or frivolous.
7.5 You are entitled to appeal this decision by writing to academy@ucem.ac.uk stating your case as to why the termination of the contract should be rescinded.
8. Disciplinary Offences
8.1 We regard the following as disciplinary offences, although this is not a definitive list:
Conduct that:
- disrupts or improperly interferes with the teaching, learning, research, administrative or other activities of UCEM Online Academy;
- is violent, indecent, disorderly, bullying, discriminatory or threatening, or involves offensive behaviour or language during any UCEM Online Academy activity;
- is likely to cause injury or affect people’s safety during any UCEM Online Academy activity or on UCEM Online Academy premises;
- disadvantages UCEM Online Academy’s assessment procedures. For the avoidance of doubt this specifically includes any type of plagiarism – whether it takes the form of copying the work of another or of purchasing or otherwise obtaining work produced by someone other than the DELEGATE which is then presented as being the DELEGATE’S own, or any other form;
- in the opinion of the UCEM Online Academy, damages our reputation;
- misuses COURSE Materials or infringes UCEM Online Academy s IPR;
Revealing confidential information without permission including:
- Personal information about applicants, other DELEGATES, graduates, and staff;
Selling, distributing, or advertising for sale or distribution, DELEGATE coursework so as to encourage or enable plagiarism and/or academic misconduct, whether or not the coursework includes a tutor’s marks and/or comments.
9. Your right to cancel your contract – for classroom based and online tutor supported course for online courses
9.1 New Delegates’ legal right to cancel
New DELEGATES have the right to cancel this contract under the Consumer Contract (Information, Cancellation, and Additional Payments) Regulations 2013 within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the commencement of this contract (i.e. 14 days from the point at which you register for the COURSE via our online portal. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). You should exercise your right to cancel by contacting us at:
UCEM Online Academy
Horizons
60 Queen’s Road
Reading
RG1 4BS
academy@ucem.ac.uk
9.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract within the 14 days cancellation period, we will reimburse to you all payments received from you without undue delay, and in any event not later than 14 days after the day on which you inform us of your decision to cancel.
9.4 If you requested to begin the performance of services (i.e. start your COURSE) during the 14-day cancellation period, you will pay us an amount which is in proportion to the services you have received since starting the COURSE until you have communicated to us your cancellation of this contract.
9.5 If you want to cancel after this period, the provisions of clause 9.6 will apply.
9.6 Cancellation policy for classroom based and tutor supported training
UCEM Online Academy recognises that a change in circumstances can sometimes be unavoidable and that DELEGATEs who register for a classroom based/tutor supported COURSE may need to withdraw or change their original registration.
If you are unable to attend the classroom based/tutor supported COURSE you are registered for, you may request to substitute another person to attend in your place provided you notify us in writing at academy@ucem.ac.uk at least five working days before the event.
Refunds are calculated as follows upon receipt of the written request to academy@ucem.ac.uk
- More than 28 days before the COURSE start date: UCEM Online Academy will retain 20% of the fees due.
- 28-14 days before the COURSE start date: UCEM Online Academy will retain 50% of the fees due.
- Less than 14 days before the start date: UCEM Online Academy will retain 100% of the fees due.
10. Recommencing study after withdrawing
10.1 Please note that UCEM Online Academy is not able to guarantee a place on a COURSE for DELEGATEs who wish to recommence their training after withdrawing.
10.2 Withdrawal is when a DELEGATE decides to leave the COURSE and does not intend at that point of decision to return to the same COURSE at a future date. A DELEGATE is required to re-enrol to UCEM Online Academy following the registration process as published on the UCEM Online Academy website if a decision is made later to re-join the COURSE. A new contract with UCEM Online Academy will be entered if a place is offered and accepted by the DELEGATE.
10.3 Notwithstanding the above, circumstances of an exceptional nature (such as serious illness or the death of a close family member) may arise which lead to a DELEGATE withdrawing from a COURSE. In cases of withdrawal due to an exceptional nature UCEM Online Academy may use its discretion to waive fees due.
11. Access to and use of the UCEM Online Academy Website
11.1 The provision of COURSE materials and information which can be downloaded or accessed from UCEM Online Academy’s website is dependent upon internet and third party connections which are out of the control of UCEM Online Academy and UCEM Online Academy does not warrant that the Website and associated services will be continuously available 24 hours a day, 7 days a week, 365 days a year, but UCEM Online Academy will use its available resources and reasonable endeavours to keep downtime to a minimum.
11.2 After the contract commencement date you will have access to information and COURSE materials and UCEM Online Academy will provide you with a password and user identity. You are solely responsible for maintaining the confidentiality and security of your Internet account and usage of the COURSE including use of any unique logon IDs.
12. Our liability to you
12.1 Nothing in this contract shall operate to exclude or limit our liability to you for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law, for example under section 57 of the Consumer Rights Act 2015.
12.2 UCEM Online Academy will only be liable for loss or damage that is a foreseeable result of UCEM Online Academy breaching the contract. This includes loss or damage that is an obvious consequence of UCEM Online Academy’s breach of the Terms and Conditions of the Contract, or if such damage or loss was contemplated by you or UCEM Online Academy at the time of entering into the Contract.
13. Data protection
13.1 UCEM Online Academy warrants that in processing Personal Data relating to or provided by you (“the DELEGATE”):
- it will comply with the UCEM Privacy and Data Protection Policies
- it will comply with its obligations under the General Data Protection Regulation 2016 and the Data Protection Act 2018
- it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
13.2 In this Clause 13, Personal Data has the meaning given in the General Data Protection Regulation 2016
14. Confidentiality
14.1 UCEM Online Academy shall at all times keep confidential any special categories of personal data (as defined in the General Data Protection Regulation 2016) that it may hold about you (‘the Delegate’) which is provided on a confidential basis to UCEM Online Academy, such as information regarding disability or wellbeing issues, which enables UCEM Online Academy to provide support as part of its obligations to the Delegate, and UCEM Online Academy will only share such sensitive personal data with explicit consent or as required by applicable law or regulations.
14.2 DELEGATEs have an obligation to keep information confidential when it is provided on a confidential basis between UCEM Online Academy and the DELEGATE, for example in relation to when a DELEGATE is undergoing a disciplinary matter, or a DELEGATE complaint against a member of staff is being investigated.
15. Events outside our control
15.1 UCEM Online Academy will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes but is not limited to any act, event, nonhappening, omission or accident beyond our reasonable control and includes in (without limitation) the following: Strikes, lock-outs or other industrial action: Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.
15.3 UCEM Online Academy’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
16. General
16.1 This contract is between the DELEGATE and UCEM Online Academy. No other person shall have any rights to enforce any of its terms.
16.2 Even if UCEM Online Academy delays in enforcing this contract against the DELEGATE, UCEM Online Academy will be entitled to enforce it at a later stage. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you not have do to those things or prevent us taking steps against you later.
16.3 If any of these terms and conditions are found by a court to be illegal, the rest of the contract will remain in force. Each of the paragraphs of these terms operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 These terms and conditions are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Wales, you can bring legal proceedings in respect of the services in Wales or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
17. Your consumer law rights
17.1 As a consumer of services provided by UCEM Online Academy you have legal rights (including statutory remedies) in relation to services not carried out with reasonable skill or care. For further information go to the Competition and Markets Authority website: https://www.gov.uk/government/organisations/competition-andmarkets-authority. DELEGATEs living in the UK may visit their local Citizen’s Advice Bureau or Trading Standards Office.
18. Complaints Procedure
18.1 UCEM is committed to delivering a high-quality service. DELEGATEs who are not satisfied with the service provided or about UCEM’s action or lack of action are entitled to submit a complaint. It is UCEM’s aim to settle complaints promptly, fairly, and courteously in the best interests of all parties, and to address areas where improvement is needed. UCEM will endeavour to deal with complaints informally, at source in the first instance. If you wish to complain, the following action may be taken:
- Stage 1- Informal Resolution: Please contact academy@ucem.ac.uk outlining your concerns and how you envisage that they can be resolved. The matter should be raised as soon as possible and normally no later than 20 working days after the issue has arisen.
- Stage 2 – Formal Investigation: If you are not satisfied with the informal response under stage 1, you may submit a formal complaint to UCEM’s Complaints Officer by e-mailing a completed Complaints Form (available from academy@ucem.ac.uk) to complaints@ucem.ac.uk, within 20 working days of the informal outcome. The complaint will be formally investigated by a member
Page 11 of 11
of UCEM’s Senior Leadership Team (SLT) who will provide a written response following their investigation. - Stage 3 – Process Review: Your final right of recourse if you remain unsatisfied is to request a review by the CEO within 20 working days of the formal outcome. The purpose of the review is to ensure that the correct procedure has been followed by UCEM, and the outcome is reasonable. The review will not re-investigate the complaint unless new evidence has been presented. The CEO may DELEGATE the matter to a senior member of staff who is independent from the case. You will receive a written response, which will mark the end of the internal complaints process.
18.2 At each stage, UCEM will acknowledge your complaint within 2 working days and provide a full response within 20 working days.
18.3 You should submit your own complaint. Only in exceptional circumstances can an anonymous complaint be made, and there must be exceptional reasons why the complaint must be anonymous. These should be discussed with the Complaints Officer in the first instance.
18.4 UCEM reserves the right to investigate complaints, and then to decline to consider any that are merely vexatious or abusive.
18.5 At any stage, if a complaint is upheld, then UCEM undertakes to offer appropriate remedial action, depending on the nature of the complaint, and meet where appropriate incidental expenses necessarily incurred by the complainant.
18.6 UCEM monitors complaints for continued improvement of service. The SLT and Board of Trustees receive regular updates regarding complaints.
18.7 You may contact the Complaints officer at complaints@ucem.ac.uk for further information and support.
End of Conditions of Sale