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Terms and Conditions - WayMaker Learning

Terms and Conditions

These terms and conditions apply to all agreements for the provision of courses in addition to the specified terms and conditions provided for the different delivery platforms such as classroom; e-tutored; blended and autonomous courses.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meaning:

  • ‘WML’ means Waymaker Learning UK, a trading style of Morex Orex
  • Limited, registered at Suite 13, Parkway 2, Parkway Business Centre, 300 Princess Road, Manchester M14 7LU. Company registration number RC8268040.
  • ‘Terms or T&Cs’ means this General terms and conditions and additional terms and conditions as specified.
  • ‘Delegate or you’ means the person attending a training course which has been completely paid for.
  • ‘Agreement’ means this general terms and conditions, the specific terms and condition related to the course booked and other written agreements made for the provision of training courses
  • ‘Booking’ means payment has been received by WML and Delegates’ space has been secured for the training course.
  • ‘Services’ means the services which are provided by WML.
  • ‘Fee’ means the amount payable for courses and excludes VAT payable and other additional charges
  • ‘Training course’ means any classroom, e-tutored, blended or autonomous course provided by WML
  • ‘Classroom training’ means a type of training where the Instructor delivers the training to Delegates face-to-face in a physical classroom.
  • ‘E-tutored course’ means a type of training where the Instructor delivers training to Delegates online (remotely) via a virtual classroom. An internet connection is required to participate in this course.
  • ‘Autonomous course’ this is a self learning course where Delegates completes an online course at their own pace within a specified period. Delegates are provided access to the online course environment, materials and activities. An internet connection is required to participate in this course.
  • ‘Blended training course’ means a type of training that is delivered under two different platforms – either via classroom and e-tutored training; or classroom and autonomous training. To successfully complete a blended training course, Delegates must complete both trainings within the limited time specified in the course details.
  • ‘Course credits’ Course credits are the WML’s currency. They can be acquired by Delegates when courses are purchased, cancelled or refunded due to unforeseen circumstances which are not covered in the Terms and Conditions. They may also be offered by WML as a reward for buying courses; for referring a friend or as prizes subject to ongoing offers and promotions. Course credits will be redeemed on the WML website. Please contact us for more details.
  • ‘Course materials’ includes but is not limited to online learning materials, hard copies of materials provided during classroom and corporate training, e-books, video or audio recordings, study texts, review exercise, case study, question banks, mock exam materials (where applicable)
  • ‘Certificate’ means the document issued by WML to a Delegate after satisfactorily completing a WML training course.
  • ‘Certification’ means a test or exam organised by an industry regulator to persons interested in becoming members of that industry.
  • ‘Working day’ means days other than a bank holiday, Saturday and Sunday.
  • ‘Website’ means https://waymakerlearning.com and all sub-directories and sub-domains.
  • ‘Website contents’ means all contents available on https://waymakerlearning.com and all sub-directories and sub-domains.

A legally binding agreement shall not come into existence until WML has accepted your offer to purchase a course by

  • receiving payment for the course in cleared funds from yourself or any third party on your behalf or
  • sending you a confirmation email

2. Course Booking

Course fees must be received to secure a booking. Course booking must be made no later than 3 days before the start of a training session or as specified in the course brochure.

WML reserves the right to cancel or modify a booking without prior notice or communication to the Delegate.

3.Course Fees

All fees quoted on website exclude VAT which is chargeable at the rate fixed by legislation at the date of supply.

Course fees are deemed paid when the cleared funds are received by us and we send you an email confirming receipt of payment of course fees.

WML reserves the right to modify course fees without prior notice to the Delegate.

4. Payment

Payment of course fees must be made either on the website or by calling our office on 01612266135.

Payment of complete course fees must be received no later than 3 working days before the course start date.

Delegates cannot access, participate or attend training courses until complete payment is received.

Cheque payments are not accepted.

4.1 Late payment

If payment is received later than 3 working days before the start date of a training session, the payment will be considered as made for the next available training session.

If the fees for the next training session is more than the initial payment received, we will request for the complete payment to be made 2 working days before the start date of the next training session.

If the fees for the next training session is less than the initial payment received, we reserve the right to refund the difference.

All communication regarding late payments will be made via your preferred method of communication as indicated on the course booking form.

4.2 Un-cleared payments

Where request for payment is un-cleared by the Delegate’s bank, we will notify you immediately. Interest may be charged on uncleared payments 7 days after we notify you at the rate stated in the notice.

5. Course cancellation and refund

5.1 Cancellation

Fully or partly paid courses must be cancelled at the latest fourteen (14) days before the course start date by sending a notice of course cancellation via email to enquiries@waymakerlearninguk.com or via WML contact page with your name and order ID.

Refunds for course cancellations are handled in the refund section below.

5.2 Refund

Refund of paid course fees will be made if notice of cancellation is received via email at the latest fourteen (14) days before the course start date.

Should circumstances arise whereby you need to cancel your course and are unable to transfer your booking to another date at the time of cancellation, the following apply:

  • If the cancellation request is received at the latest 14 days before the start of the course, Delegate will receive a full refund of fees. Alternatively, Delegates can request for their funds to be converted into course credits, which they can use towards booking another online/classroom course.
  • If the cancellation request is received between 7 days and 13 days before the start of the course, Delegate will receive 75% refund of fees. Alternatively, Delegates may prefer to convert their funds to course credits, in which case, they will be getting the equivalent of a full refund in credits.
  • If the cancellation request is received less than 6 days before the start of the course, Delegate will receive 50% refund of fees. Alternatively, Delegates may prefer to convert their funds to course credits, in which case, they will be getting the equivalent of a full refund in credits.

Cash refunds will be sent using the original method of payment within fourteen (14) working days.

Course credit refunds will be provided in the form of a voucher that is personalised to the Delegates.

WML reserves the right to use its discretion to either issue cash refund; course credits equivalent to the value of the paid course fees, or defer a course; in exceptional circumstances that fall outside the provisions Clause 5.1 and 5.2 above.

6. Delivery

Our course fees exclude delivery charges.

Costs of delivery of any requested study materials will be charged separately.

7. Data Protection

WML complies with the data protection Act and processes all personal data in accordance with the provisions of the Act.

We collect our Delegates’ personal data for communication and marketing purposes. Your details will not be passed on to any third party without your permission unless requested by law or a similar authority.

During your use of our website, we gather ‘industry standard’ data which includes: your logged on id, your IP, browser details and other similar information. This industry standard data may be shared in an aggregate manner, for example, to demonstrate how many ‘hits’ we have, location people are accessing the site from, type of browsers in use, parts of the website visited and other similar information.

We will not share information specific to a particular identifiable user unless requested by law or a similar authority or an ISP or network administrator investigating abuse of our website.

8. Courses paid for by employer or third party

Where course fees are paid for by employers or other third parties, you give us consent to share information about your progress and engagement on that course with your employer or the third party, as requested.

9. Copyright and Intellectual Property rights

Course materials and website contents are copyrights of WayMaker Learning Ltd. All rights are reserved. The contents of our website and training materials are made available solely for the benefit of WML’s corporate and individual Delegates.

You may not, modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, distribute, or commercially exploit in any way any of the course materials or website contents except with our express written permission.

You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the online learning contents or website contents or create derivative work similar based on the whole of or any part of the online course materials into any software program.

Any redistribution or reproduction of part or all of the contents of course materials or website contents is prohibited except for use by the Delegate.

10. Force Majeure (Events beyond our control)

We shall not be responsible for any failure or delay in performing our obligations where that failure delay results from any cause that is beyond our reasonable control.

We will inform you as soon as is reasonably possible of this event that is beyond our control.

Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly.

We will inform you when the event beyond our control is over and provide details of any new dates, times or availability of training as necessary.

11. Discounts and offers

All discounts and offers are subject to the terms and conditions applicable to each offer as determined by WML.

12. Special requirements

If you need any special requirements regarding a course training, you must contact WML on 01612266135 to inform us before booking or paying for the course.

13. Limitation of Liability

WML’s liability is limited and excluded in the event of fraud or wilful default death or personal injury of Delegates caused by WML’s direct or indirect negligence except where such limitations and exclusions cannot be lawfully applied.

WML will not be responsible for losses that result from its failure to comply with these terms and conditions and its subsections, including but not limited to, losses that fall into the following categories:

  • loss of income or revenue
  • loss of business, Delegates, contracts, goodwill
  • loss of money or savings
  • loss of, damage to or corruption of data
  • business interruption
  • loss of information
  • indirect or consequential loss or damage of any kind whether caused by tort (including negligence), breach of contract or otherwise

Except as otherwise specified in this section WML’s maximum aggregate liability to you for any claims made against WML for direct loss in contract or otherwise arising out of or in connection to these terms and conditions, courses offered and course materials provided and any technical support shall be limited to the amount of fee paid or payable by you or on your behalf.

WML will be not responsible for any delay or failure to comply with its obligations under these terms and conditions if the delay or failure arises from any causes which are beyond WML’s reasonable control.

This does not affect your statutory right.

14. Disclaimer

WML courses are for training purposes only. WML will not accept responsibility to any party for the use of the information provided and the contents of course materials for any purpose other than for training for educational purposes, including and not limited to the giving of advice by you to any third party.

15. Interpretation

Each paragraph in the terms and conditions are to be read and construed separately and independently of each other.

If one or more paragraphs are not applicable (invalid or void) for any reason, this would not affect the remaining terms and conditions.

If parts of the terms and conditions are deleted, then such terms and conditions would apply with such modification as may be necessary to make it valid and effective.

Breach of one term and condition would not imply a breach of the others. Failure to enforce a breach of one or more terms and condition shall not be a waiver of them or a waiver of our right to enforce terms and conditions in the future.

Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

16. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with English law.

Any dispute, controversy, proceedings or claim in relation to these Terms and Conditions, shall be subject to the jurisdiction of the courts of England and Wales.

17. Comments and Complaints

If you have any comments or complaint about any product or service provided by WML Ltd including our website, please send us an email at enquiries@waymakerlearning.com.

We aim to respond to all complaints within 5 working days.