MMCT Ltd TERMS & CONDITIONS WEBSITE
These Terms and Conditions are the contract between you and Mike Manning Consultancy & Training Ltd MMCT Ltd (“us”, “we”, “our”, etc.). By visiting or using Our Website, you agree to be bound by them.
These Terms and Conditions are written by MMCT. They protect your rights as well as ours.
We are: MMCT Limited, a company registered in England and Wales, with registration number 11426813.
Our registered address is 16 Hastings Close, Whitefield, M45 6UQ.
We can be contacted on:
+44 (0)161 773 1738
You are: Anyone who uses Our Website or purchases Our Products and/or Services
Please read this agreement carefully and save it. If you do not agree with it, you should leave our website immediately.
All bookings are made via the online form. The below terms and conditions must be agreed to in order for the booking to be processed. This is done by ticking the box as part of the online form.
Payment must be made at the time of booking for the booking to be processed. Payments are made via Stripe (which has a handling fee of £2.50 per booking) or Bank Transfer. Bank Transfers are handled by Santander. This organisation complies with all required laws, regulations and correct procedures. All course fees are subject to VAT
Should circumstances mean that you need to transfer to another MMCT Training course, you will need to do so by calling us on 0161 773 1738 The following charges will apply:
• Transfer made more than ten working days prior to the course date – no charge
• Transfer made within ten working days of the course date – 50% of the course fee
• The fee for the original course must be settled in full in order to transfer to a later date.
• The transfer fee must be paid prior to the new course date. All transfers must be taken within a period of 6 months from the original date. All transfers are subject to availability and course numbers to ensure courses do not exceed the maximum to comply with current training regulations.
Cancellations & Refunds:
This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.
We now inform you that information relating to all aspects of our products or services is not in this document but in our marketing material, whether that is in the medium of our website or in hard copy.
The following rules apply to cancellation of your order:
Should circumstances mean that you have to cancel and are unable to transfer
your booking to another date at the time of cancellation, the following charges will apply:
• More than ten working days prior to the course start date – no charge
• Less than ten working days prior to the course – full fee
We will return your money subject to the following conditions:
- The products or services are defective such as to not be fit for purpose;
- The products or services do not comply with the published description;
- You comply with our procedure for returns and refunds.
- The option to cancel your order is not available if:
- The products or services have been accessed, and utilised.
If you do not attend a course, and have not previously informed us, the full fee remains
On occasion, unforeseen circumstances may require MMCT Ltd to cancel a
course. In such circumstances you will be given as much notice as possible and either a free transfer to another course date or a full refund of fees paid.
To be eligible to attend a requalification course you must present a valid certificate as per the awarding body requirements.
Course manuals and resources are included in the course/delegate fee unless otherwise stated
Certificates for successful delegates will be issued by post or email shortly afterwards, and only after,
full payment has been received.
The exact location of the venue will be sent with course instructions.
Remote Learning Courses – You will be sent a link to the course prior to the start date
Online Courses – You will receive a link to your online course and are required to access the course and complete the course according to the guidelines.
SECURITY OF YOUR CREDIT CARD
We take care to make our website safe for you to use.
- Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
- Online payments for purchases made directly through Our Website are handled via Stripe or Bank Transfer. Other payments, for purchases not made directly through Our Website, are handled by Santander. These organisations comply with all required laws, regulations, and correct procedures.
OUR CONTRACT WITH YOU
- These Terms and Conditions contain the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- Each party acknowledges that, in entering into this agreement, he does not rely on any representation, statement, promise, assurance, warranty, information or document or other term not forming part of this agreement.
- If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order products or services.
- The price of products or services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy/bought those products or services.
- If at any time, you buy products or services from us under any arrangement which does not involve your payment via our website; these terms still apply so far as they can be applied.
- ensure that the Terms of the Order are complete and accurate;
- cooperate with us in all matters relating to the Service;
- provide us with such information and material as we may reasonably require in order to supply the Service, and ensure that such information is accurate in all material respects;
- If the performance of any of Our obligations is prevented or delayed by any act or omission by You or failure by you to perform any relevant obligation – “Default”:
- We shall, without limiting our other rights or remedies, have the right to suspend performance of the Service until you remedy the Default, and to rely on the Default to relieve us from the performance of any of our obligations to the extent that the Default prevents or delays performance of any obligation; and
- We shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from your failure or delay to perform any of your obligations set out in this clause; and
- You shall reimburse us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from any Default.
ACCEPTANCE OF YOUR ORDER
- Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
- We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and the related information for delivery of the products or services.
- You confirm that you are solely responsible for ensuring that you possess the necessary skills and experience required to enrol in a specific Course and that you will comply with the Course Rules.
- Your Enrolment will be limited to the period specified for your Course or training package; commencing on the Enrolment Date.
- You confirm that you understand any and all pre-requisite skills or experience applicable to your proposed Course and examination / assessment. You acknowledge and agree that your Enrolment and continued participation in a Course is subject to you complying and continuing to comply with the Course Rules.
LIABILITY FOR DEFECTS
- Please examine the products or services received from us immediately upon receiving them.
- Before reporting a defect, fault or technical issue relating to our products or services, please carefully re-read the provided instructions to ensure that you have followed the correct procedure.
- Please carefully check the stated technical requirements on Our Website for our products and services before placing an order. Failure to do so will not constitute a defect, fault or technical issue.
- If any defect, fault or technical issue is found, we shall:
- ensure rectification, where applicable;
- provide the information to the relevant party for rectification, where applicable.
- We will only provide a defect related refund should the following conditions apply:
- the products or services are defective to the point of being unfit for purpose.
- the products or services are proven to be of unsatisfactory quality.
- Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not represent, warrant or guarantee that the Course Materials will be error free.
- You expressly acknowledge and agree that due to the rapidly evolving nature of information technology, Course Materials may become outdated and/or incorrect at any time.
- For the avoidance of doubt, we will not refund Course Fees on the basis that Course Materials are not error free, accurate and/or up to date.
- We shall have no responsibility or liability to you for your inability to access the Online Learning System/Learning Portal due to issues beyond our control, such as the speed of your modem (or other connection devices used), your use of third party security software or firewall/proxy servers, or the performance levels of your internet service provider.
- We will reasonably endeavour to ensure that whilst you are enrolled on a Course, the Course Materials will be available to you via the Online Learning System/Learning Portal on an uninterrupted basis save for:
- unavailability due to Our or a Code Institute’s scheduled maintenance of the Online Learning System/Learning Portal; or
- additional downtime measured on a monthly basis not exceeding 3% of all other time during that month; or
- an event outside of our control
DELIVERY OF PRODUCTS AND SERVICES
- Delivery of login details will be made to the email address stipulated in your order. You must ensure that the email address provided is correct.
- Products or services are sent at your own risk and we will not be held liable should incorrect delivery details be provided to us.
- Some products or services are hosted on external sites and we cannot be held liable for any delays or issues caused by circumstances out of our direct control.
- Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
- We cannot supply equipment, computers, aids or software for a delegate with a disability; or for any other delegate. However, we will endeavour to supply any information a delegate requires in terms of examination bookings and special needs.
- Unless expressly stated, Course Materials and Course Fees do not include certification fees, examination fees, personal stationery, special materials, texts or any other study related material that you may elect to purchase.
- The mode of assessment varies between Courses and between training providers and may include online assessments and/or submission of written assessments – or any combination thereof. We reserve the right to change the mode of assessment applicable to any Course at any time, including after your Enrolment. We will however, where practical, give you reasonable notice of any change to the mode of assessment.
You are entirely responsible for any costs and expenses related to accessing and/or running the Course Material on any computer system. We strongly recommend that before enrolling on any Course, you confirm the compatibility of your computer system with the published specifications for Course Materials for that Course.
TRANSFERRING AND EXCHANGING COURSES
- If you purchase the Course as a delegate, your Enrolment in a Course is personal to you and you may not transfer the Course to any other person.
- We may at any time assign, transfer or deal in any other manner with all or any rights under this agreement and may subcontract or delegate in any manner any or all of our obligations to any third party or agent.
- We, at our sole and absolute discretion, may allow you to apply your Course Fees as a credit against any other Course offered by us, provided that all of the following conditions are satisfied:
- you notify us within ten (10) business days from your Enrolment Date of your desire to transfer to an alternative Course;
- the Course Fee for the alternative Course is equal to, or less than, the original Course Fee, or you agree to pay Us the difference where the Course Fee for the alternative Course is higher than the original Course Fee;
- you consent to us disabling your login details to preclude continued access to any online training Course Materials in respect of the original Course;
- you agree and warrant that you have not made any copies of the Course Materials or reproduced them in any way; and
- you agree and warrant that you have destroyed any Course Materials which you downloaded onto your computer system, or any other such device, as well as destroyed any hard copies of Course Materials that you have gained through the original Course
FOREIGN TAXES AND DUTIES
- If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing products or services which you are lawfully able to and for the payment of import duties and taxes of any kind that may, or may not, be levied in your country.
YOUR ACCOUNT WITH US
- You agree that you have provided, and will continue to provide, accurate, up to date, and complete information about yourself. We need this information to provide you with the requested products or services.
- If you use our website, or any associated Learning Portals, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
- You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe someone has accessed your account without your authority and also login to your account and change your password.
HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA
- You now irrevocably authorise us to publish your feedback, comments and ratings as posted on any review sites including, but not limited to, Trustpilot & Best of Bury. This is done in the context of testimonials.
- You understand that should you provide information or personal data relating to a third party, you are personally responsible for this data. Should this constitute any form of breach of the third party’s rights or of any laws, you will be liable for any legal recourse, relating to any law, which may arise from this breach. We cannot take responsibility for the accuracy or legitimacy of any information provided to us by any user of this site.
REMOVAL OF OFFENSIVE CONTENT
- For the avoidance of doubt, this section is addressed to any person who visits or uses our website for any purpose.
- We are under no obligation to monitor or record the activity of any delegate or visitor for any purpose; nor do we assume any responsibility to monitor or police any Internet-related activities. However, we may do so without notice to you and without giving you a reason.
- If you are offended by any Content, the following procedure applies:
and include all information relevant to the complaint;
- after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
- should we decide that the claim or complaint is justified and that we agree with your judgement, we shall remove the offending content as soon as we are reasonably able;
- the decision on whether or not to remove content from our website is solely ours; unless it contravenes any laws or official regulations.
- We reserve the right to re-instate the content about which you have complained if it was removed but becomes necessary to re-instate.
- In respect of any complaint made by you or any person on your behalf, whether correctly reported or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
- You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
2.2 SECURITY OF OUR WEBSITE
If you violate our website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it;
- link to our website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of our website, without our express written consent;
- collect or use any product listings, descriptions, or prices for any purposes other than those intended by us;
- collect or use any information obtained from or about our website or the content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of our website;
- share with a third party any login credentials to our website;
- Despite the above terms, we now grant a licence to you to:
- create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon you not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
- your failure to comply with the law of any country;
- your breach of this agreement;
- any act, neglect or default by any agent, employee, licensee or customer of yours;
- a contractual claim arising from your use of the products or services;
- a breach of the intellectual property rights of any person.
LIMITATION OF LIABILITY
- Nothing in these Terms and Conditions shall limit or exclude MMCT Ltd liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents, representatives or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 – Title and Quiet Possession
- MMCT Ltd shall under no circumstances whatever be liable to you, whether in contract, tort – including negligence, breach of statutory duty – or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Terms and Conditions.
- MMCT Ltd total liability to you in respect of all other losses arising under or in connection with the Terms and Conditions, whether in contract, tort – including negligence, breach of statutory duty, or otherwise – shall in no circumstances exceed the value of the Course Fees paid by You.
- The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
EVENTS OUTSIDE OUR CONTROL
- For the purpose of the Terms and Conditions, Force Majeure Event means an event beyond the reasonable control of MMCT Ltd including, but not limited to, strikes, lockouts or other industrial disputes – whether involving the workforce of the Supplier or any other party, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Suppliers or subcontractors.
- We shall not be liable to you as a result of any delay or failure to perform its obligations under the Terms and Conditions as a result of a Force Majeure Event.
- If the Force Majeure Event prevents us from providing any product or service, We will adhere to our Conditions immediately by providing you with written notice.
- All Intellectual Property Rights in, or arising out of or in connection with, the Service shall be owned by MMCT Ltd
- We will defend the intellectual property rights in connection with our products or services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, videos, digital downloads, data, and software).
- All Course Materials are protected by copyright and are intended only for your individual learning purposes.
- The Course Materials provided to you may contain licence agreements from parties aside from Us. Your Enrolment is subject to your compliance with any applicable licence agreements.
- Except as set out below, you may not copy, modify, publish, broadcast, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content or any of the Course Materials, in whole or in part. However, you may:
- retrieve and display the Course Materials and content from the Learning Portal on your computer screen; and
- print one copy of the Course Materials – but not copy or share them in any manner; and
- store the Course Materials in electronic form – but not on any server or other storage device which is connected to a network
- You will be responsible for making good any loss We suffer if you use or copy the Course Materials, other than in accordance with these Terms and Conditions.
- You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person, without our express written permission.
- Subject to the other terms of this agreement, you may download permissible Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
- A party – “receiving party” – shall keep in strict confidence all technical and/or commercial know how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party – “disclosing party” – or its employees, agents, representatives or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and its services which the receiving party may obtain.
- The receiving party shall only disclose such confidential information to those of its employees, agents, representatives or subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under the Terms and Conditions, and shall ensure that such employees, agents, representatives and subcontractors comply with the obligations set out in these clauses as though they were a party to the Terms and Conditions.
- The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction.
- In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
- The following terms apply in the event of a dispute between the parties:
- Further information relating to our complaint handling procedure can be found at https://www.mmct.co.uk/privacy-policy/
- If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
- When we communicate with you we do so through various channels (e.g. telephonic, email, etc.). You agree that these communications are all contractually binding in the same way as properly signed and dated paper sent by post.
- Where we provide products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other products or services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or services.
- If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
- Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or commercial courier or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by courier: on the date and at the time that the courier’s delivery receipt is signed;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise. A person who is not a party to the Terms and Conditions shall not have any rights to enforce its terms.
- Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
- In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
- The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in that country.
- Except as set out in these Terms and Conditions, no variation, including the introduction of any additional terms and conditions, shall be considered to be effective unless agreed in writing and signed by Us.
- Severability – If any provision or part provision of the Terms and Conditions is, or becomes, invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause shall not affect the validity and enforceability of the rest of the Terms and Conditions.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions, and any dispute or claim arising out of, or in connection with, it or its subject matter or formation – including non-contractual disputes and/or claims – shall be governed by, and construed in accordance with, the Law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract or its subject matter or formation – including non-contractual disputes and/or claims.
Notice of right of cancellation: Right to Cancel and Cancellation Form
Information about your statutory right to cancel
- Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within fourteen (14) days without giving any reason.
The cancellation period will expire fourteen (14) days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.
- How to cancel
To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.
We regularly review our terms & conditions policy and will publish any amendments on this page.
Our terms & conditions policy was last updated on 04.02.2021.