Terms and Conditions
Terms and Conditions of Use of the UCL Online Store and UCLeXtend Website
1. USE OF THE onlinestore.ucl.ac.uk and extend.ucl.ac.uk WEBSITES
1.1 Please read these terms and conditions. They govern your use of onlinestore.ucl.ac.uk and extend.ucl.ac.uk as well as any order you make from these websites. The main body of these terms and conditions relate to your use of and purchases from onlinestore.ucl.ac.uk. The schedule attached to these terms and conditions relates to your use of and downloads from extend.ucl.ac.uk. If you do not agree to these terms and conditions you should not use these websites or place an order. The meaning of some words used in these terms and conditions follows:
‘We’ or ‘us’ ‘our’ is a reference to UniversityCollege London whose principal office is atGower Street,London,WC1E 6BT, and whose VAT registration number is GB524371168;
‘You’ or ‘your’ is reference to a person who is a user of onlinestore.ucl.ac.uk and/or to whom we are selling Goods or providingCourses or Services (or to someone on their behalf);
‘Course’ is a reference to one or more conferences, short courses or events run by us (or on our behalf) and for which you purchase one or more places through onlinestore.ucl.ac.uk;
‘Goods’ is a reference to the goods you purchase from us through onlinestore.ucl.ac.uk’;
‘Services’ is a reference to the services, advice, assistance, help etc that UCL provide to you and which you purchase through onlinestore.ucl.ac.uk, the details of which are detailed in the specification for the Services.
1.3 From time to time we may change these terms and conditions. We do not have to give you any notice before doing so. Therefore, if you use the onlinestore.ucl.ac.uk website after any changes have been made, you will be bound by the new terms and conditions. Please read the terms and conditions each time you use the website and immediately prior to placing any bookings and making any purchases.
1.4 The onlinestore.ucl.ac.uk website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the onlinestore.ucl.ac.uk website and any transactions conducted on or through the onlinestore.ucl.ac.uk website.
2. WEBSITE CONTENT
2.1 While we make reasonable efforts to ensure that the information on this website is correct, we do not make any warranties or guarantees about the accuracy and completeness of the material on this website, including but not limited to information about the products and prices described in it.
2.2 We may make changes to the material on this website at any time without notice.
2.3 The material on this website may be out of date, and we make no commitment to update such material.
2.4 If you have any questions about any content please contact email@example.com
3. SERVICE ACCESS
3.1 We do not accept responsibility for the reliability of access to this website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this website.
3.2 While we make reasonable efforts to ensure that this website is normally available 24 hours a day, you acknowledge that access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if this website is unavailable at any time or for any period.
3.3 The website may contain hyperlinks to websites operated by parties other than UCL. Such hyperlinks are provided for your reference only. UCL does not control such websites and is not responsible for the contents of such websites. The inclusion of hyperlinks to such websites does not imply and endorsement of the material on such websites or any association with their operators by UCL.
3.4 We reserve the right at all times to place advertisements and/or promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant), and UCL excludes all liability in respect of any advertisements/promotions.
4. DATA PROTECTION
5. YOUR ACCOUNT
5.1 In order to place an order for Goods,Courses and/or Services from onlinestore.ucl.ac.uk you will need to register and then use an account. You can only make orders for Goods and/or Services from onlinestore.ucl.ac.uk with the account that you register.
5.2 You will take reasonable care to ensure that the information you supply about yourself will be complete and accurate.
5.3 Please ensure that the information you provide relates to you and not to any other person.
5.4 We will only use the information that you supply when registering an account for the purpose of fulfilling your order for Goods,Courses and/or Services.
5.5 When you register an account you will be asked to create a password, which you will need to use for accessing your onlinestore.ucl.ac.uk account. Please keep it safe and also keep it and details about your account confidential so that they are not misused. You will be responsible for any unauthorized use of your account or your password.
5.6 If you know or suspect that your account or your password are being misused please let us know as soon as you can by contacting Steve Williams (e-mail firstname.lastname@example.org).
5.7 If we reasonably believe that there has been a misuse of the password, your account or the onlinestore.ucl.ac.uk website, the UCL website, we may change your password or we may suspend your account depending on the circumstances.
5.8 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Terms andConditions. You can cancel your registration at any time by informing us in writing.
6. YOUR ORDER
6.1 When you make an order for Goods,Courses or Services from onlinestore.ucl.ac.uk you are making an offer to purchase them from us on these terms and conditions.
6.2 Please make sure that the details you enter when making your order are correct. Once we accept an order from you, it may be difficult for us, subject to any right you have to cancel your order, to change it or make any amendments to it. For anyCourses/Services you order, any changes to the details you provide may be subject to us charging an administration fee.
6.3 Once you have made an order we will send you an email acknowledging that you have placed the order. Once we have sent you confirmation by email there will be a binding contract between you and us. Normally, we send you an email confirming that we have received your order within 24 hours of you placing it. If you do not receive a confirmation email within 24 hours please contact email@example.com.
6.4 We do not have to accept any order you place. The stated availability of the Goods,Courses or Services is only an estimate and should not be relied on as a definite statement as to whether the Goods,Courses or Services you wish to purchase are actually in stock or can be provided.
6.5 SomeCourses may have additional requirements or particular terms and conditions. Where this occurs, the requirements and particular terms and conditions will appear on the web page describing theCourse and you will be bound by them (in addition to these Terms andConditions).
7. PRICE AND PAYMENT
7.1 We try our best to display accurate and up to date prices on onlinestore.ucl.ac.uk for the Goods,Courses and Services we offer. We cannot state the definite price until we accept your order.
7.2 If, at the time we are ready to accept your order, the price is higher than when you placed your order we will, at our option, either cancel your order or contact you to ask you whether you wish to pay the higher price. If the order is cancelled by us or you cancel the order then if you have already made any payment(s), we will make a refund.
7.3 All prices and other costs and other charges shown are inclusive of VAT.
7.4 When you place an order using onlinestore.ucl.ac.uk you authorise us to debit the credit, debit or other card you specify on your order for the amount of the order at the time we accept your order.
7.5 We do not accept cheques or any other form of payment other than a debit or credit card.
7.6 The card that you use for payment will be debited at the time you place your order. Payment in full must be made at the time you place your order.
7.7 Prices and other costs and charges are shown in British Pounds Sterling. Depending on the credit or debit card you use the prices, and other costs and charges shown may also be displayed in another currency. If this is the case, you may choose in which currency to purchase the Goods,Courses or Services you wish to order. However, if you purchase the Goods,Courses or Services in a currency other than that of the debit or card you use, you may be charged additional amounts for performing currency conversion Services.
7.8 If the correct price of any Goods,Courses or Services is higher than the advertised price at which your order was accepted (e.g. due to pricing error), we will, at our discretion, either contact you for further instructions or cancel your order and notify you of such cancellation.
7.9 Onlinestore.ucl.ac.uk uses a third party to provide payment processing Services and currency conversion functionality.
8. DELIVERY AND OWNERSHIP OF GOODS
8.1 Any times and dates given for dispatch of Goods (or the length of time that Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. If the delay will be substantial or if the Goods will not be available at all for dispatch we will offer you the option either to cancel your order and refund any payment(s) you have made or allow you to choose alternative Goods.
8.2 We only make deliveries in the mainland of theUnited Kingdom.
8.3 We may deliver the Goods in one or more instalments and some of the Goods may be delivered directly from the manufacturer of the Goods.
8.4 We shall own the Goods until we have received payment in full from you, even though the Goods may have been already delivered to you. ‘Payment in full’ means that the funds have reached our bank account.
9. CANCELLATION RIGHTS FOR GOODS
9.1 The cancellation rights in this clause 9 apply to consumers only. You can cancel a contract for Goods within seven working days of your receiving the Goods. The seven day period starts on the day after you receive the Goods.
9.2 If you wish to return the items, you must send them to us. You must pay the cost of returning the items to us. Alternatively, we can collect the items from you, but you will have to pay the cost of us collecting the Goods.
9.3 For Goods for which you wish to cancel your contract, you are responsible for taking reasonable care of them and keeping them in your possession until you send them back to us.
9.4 (for audio and video products and computer software): You cannot cancel this contract where you unseal or break the seal of any items which are audio products (e.g. compact discs), video products (e.g. VHS videos or DVDs) or computer software.
10. CANCELLATION RIGHTS FOR SERVICES AND COURSES
The cancellation rights in this clause 10 apply to consumers only. You can cancel a contract for aCourse or Services within seven working days of us accepting your order, unless you agree that we can start the supply of theCourse (including the provision of preliminary materials if applicable) or perform the Services before the end of the seven working days. You will also not have the right to cancel if the start date of aCourse is less than seven working days from the date we accept your order for theCourse.
11. NOTIFICATION REQUIREMENTS IF YOU WISH TO CANCEL
11.1 To cancel a contract under clauses 9 and/or 10 you will need to let us know in writing. You can send the letter by post or email or by personal delivery.Contact details for where to send the written notice by post or personal delivery are: UCLonlinestore, UCL Finance and Business Affairs,Gower Street,London,WC1E 6BT; for email, to firstname.lastname@example.org. If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified.
11.2 Any refund will be made by us to you within 30 days of your cancellation and be paid to you in the same way as you paid for your order.
12. CHANGES, CANCELLATION AND REFUNDS IN RESPECT OF COURSES
12.1 Our intention is that anyCourse (if it comprises more than one session or class) will have the same lecturer/presenter/tutor and take place at the same time and place as we previously advertised. However, UCL has the right to change the lecturer/presenter/tutor and/or the place and time of theCourse (or any part of it). If you are unable to attend theCourse because of the change in the time or place then we shall offer you a full refund.
12.2 There are certain reasons why it may be necessary for us to cancel aCourse (for example, because aCourse is undersubscribed or otherwise cannot be held at the stated time). If we wish to cancel aCourse for any reason, either completely or partially, after you have made and we have accepted your order then the following will apply. We shall notify you in writing by email of the cancellation and we shall:
12.2.1 For the complete cancellation of aCourse, offer you a place on an alternativeCourse or a full refund;
12.2.2 For cancellation of part of aCourse, try to run again that part of theCourse. If this is not possible then we shall offer you a proportionate refund. If we are unable to run a part of aCourse because of reasons outside our reasonable control (such as a security alert) then we shall not need to make such a refund.
12.3 If you wish to cancel your order for aCourse after it is accepted by us and outside of any period in which you might have a right to cancel, then the following applies: Your cancellation must be received in writing no later than 14 days before the start of theCourse. If we receive your cancellation no later than 14 days before the start of theCourse we will refund any amount you have paid to us for thatCourse less an administration charge of 20%. No refunds will be made for cancellations made by you within 14 days of theCourse date.
12.4 If you wish to cancel your order for aCourse you must notify us of your intention to do so in writing or by email to theCourse organisers (the contact details which are specified on the webpage for thatCourse).
12.5 Although the provisions of clause 12.3 will apply where you wish to cancel an order for aCourse, theCourse organisers may exercise their discretion in respect of cancellations and refunds on a case-by-case basis. Such discretion will be exercised in such a way that you will have no lesser rights than those in clause 12.3. To discuss any cancellation or refund with the department in question, please contact theCourse organiser (the contact details which are specified on the webpage for thatCourse).
12.6 At the discretion of the organisers of aCourse, it is possible to substitute the person who is named to attend aCourse. To do so, contact theCourse organiser for theCourse (the contact details which are specified on the webpage for thatCourse).
13. CANCELLATION AND REFUND RIGHTS FOR GOODS ORDERED IN CONNECTION WITH A COURSE
13.1 The cancellation rights in this clause 13 apply to consumers only. If you have ordered Goods through onlinestore.ucl.ac.uk for use in or relating to aCourse and you cancel your order for theCourse then the following will apply:
13.1.1 You may cancel the contract for the Goods or that part of the contract for the Goods in accordance withClause 9 and 11 ifClause 9 applies to you (i.e. you wish to cancel the contract for theCourse less than 7 working days after you received the Goods).
13.1.2 You cannot cancel the contract for the Goods (or that part of the contract that relates to the Goods) in accordance withClause 9 and 11, ifClause 9 does not apply (i.e. you wish to cancel your contract for theCourse more than 7 days after you received the Goods).
13.2 If we cancel aCourse at any time, we shall refund you with the amount paid for those Goods you have ordered for use in or relating to thatCourse.
14 LIMITATION OF LIABILITY
14.1 For Goods:
14.1.1 If the Goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 10 working days of the delivery of the Goods in question.
14.1.2 If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you use reasonable efforts to notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Goods.
14.1.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
188.8.131.52 to make good any shortage or non-delivery;
184.108.40.206 to replace or repair any Goods that are damaged or defective; or
220.127.116.11 to refund to you the amount paid by you for the Goods in question in whatever way we choose.
Although we may accept an order for aCourse/Services from you we cannot state, promise or guarantee that theCourse/Services will run as stated on the web page for thatCourse/Services or at all. Whether we run aCourse/perform the Services will depend on a number of factors, including the number of other persons who order a place on theCourse/Services and us achieving a minimum number of orders to justify the running of theCourse/performing the Services. Accordingly we shall not be liable to you for any losses, costs and expenses incurred by you as a result of our cancellation of aCourse/Services, including, but not limited to those connected with travel and accommodation provided by a third party you have arranged. We recommend that you take out a policy of insurance to cover such expenses in the event of cancellation ofCourse/Services or part of aCourse/Services by us.
14.3.1. You must observe and comply with all applicable regulations and legislation, including obtaining all customs, export import or other permits to in order to purchase Goods or obtain visas or permits to attend aCourse or receive our Services. Also the importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.
14.3.2 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods,Course or Services in question.
14.3.3 Save as precluded by law, our total liability in respect of all losses arising under or in connection with Goods,Course or Services provided by us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the order price of such Goods,Course or Services.
14.3.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
For the purposes of theContracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
17 LAW AND JURISDICTION
This contract (and any disputes arising in connection with it) shall be governed and construed by the law ofEnglandand you and we agree to submit to the jurisdiction of the courts ofEnglandandWales.
The terms and conditions included in this Schedule shall apply in addition to the terms and conditions above when You register to use the e-learning website extend.ucl.ac.uk and download or purchaseCourses from that site. For the avoidance of doubt, in the event of a conflict between the terms and conditions set out in this Schedule and the terms and conditions above, the terms and conditions set out in this Schedule shall apply.
In this Schedule, the following definitions apply:
“Course” is a reference to one or more courses available on the website and for which you download Materials and/or in which you participate.
"Course IP Rights" are defined in paragraph 6.1 of this Schedule.
"Materials": the materials provided by us in connection with aCourse (including without limitation any course guides, books,CD-ROMs, online resources or other documentation or materials and all revisions, updates and alterations of the same) as set out on the Website.
"User Generated Content": any content uploaded to the Website by you as a User;
"Website": our e-learning website located at extend.ucl.ac.uk.
2. CONDITIONS OF USE AND PERSONAL INFORMATION
2.1. You must be a registered user on the Website in order to be able to purchase or participate in aCourse.
2.2. You understand, acknowledge and agree that, in registering on the Website, purchasing Courses, participating in or undertaking Courses or downloading Materials you will not be a student of University College London and will not be entitled to the rights and benefits of a student at UniversityCollege London. You will not make any claim or permit any third party to make a claim that, as a result of buying and undertaking theCourse, you are or should be a Student at UniversityCollege London.
2.3. You agree to indemnify us and keep us fully and effectually indemnified against any and all loss, costs, claims, damages, demands and expenses (including reasonable professional fees) arising out of any breach of paragraph 2.2 of this Schedule by you.
2.4. You are responsible for meeting any requirements of aCourse, such as submitting work and participating in online sessions, tests and assessments. Failure to meet the requirements may result in you not completing theCourse or failing theCourse. We do not accept any responsibility or liability resulting from you failing to comply with the requirements of theCourse.
2.5. If you wish to complain about aCourse, in particular the Services or Materials, you should refer to the UCLCentralisedComplaints Procedure.
3.1. Paragraph 3.2 of this Schedule only applies if you are aCustomer who is a consumer (that is, you are purchasing aCourse as an individual for your own use). Otherwise paragraph 3.3 of this Schedule applies.
3.2. If you are a consumer, you may only purchase aCourse from our Website:
3.2.1. if you are at least 18 years old; and
3.2.2. for your own personal use.
3.3. If you are not a consumer, you confirm that:
3.3.1. you have authority to bind any business on whose behalf you use our Website to purchase theCourse; and
3.3.2. eachCourse you purchase will be for use by one individual only and you will not permit multiple individuals to access aCourse using the same details.
4.1. We warrant that:
4.1.1. the Materials will be of satisfactory quality and fit for any purpose specified in aCourse and for its duration; and
4.1.2. we will provide the Services with reasonable care and skill.
4.2. We do not warrant that:
4.2.1. the Materials will be error-free;
4.2.2. The provision of the Services and the availability of theCourse or Website will be uninterrupted or error-free.
4.3. All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from thisContract.
4.4. The warranty in paragraph 4.1 of this Schedule does not apply:
4.4.1. to any defect in the Materials arising from:
4.4.2. use by you otherwise than as described in aCourse or as directed on the Website;
4.4.3. in the case of tangible Materials, fair wear and tear;
4.4.4. in the case of tangible Materials, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
4.4.5. failure to use the Materials in accordance with instructions;
4.4.6. in the case of tangible Materials, any alteration or repair by you or by a third party who is not one of our authorised repairers;
4.4.7. unless you notify us of any breach within 48 hours of the date of receipt of the relevant Materials by you or the date on which it became apparent, whichever is the later.
4.5. If you are a consumer, this warranty is in addition to your legal rights in relation to Materials that are faulty or not as described. Advice about your legal rights is available from your localCitizens' Advice Bureau or Trading Standards office.
5. INTELLECTUAL PROPERTY AND USER GENERATED CONTENT
5.1. As between us, all intellectual property rights (including copyright) in and connected to theCourse, the Services, the Materials and the Website (Course IP Rights) shall remain vested in us. We give you a non-exclusive, non-transferable right to use theCourse IP Rights for your own private study.
5.2. Any and all intellectual property rights in User GeneratedContent shall remain vested in you. You grant us a non-exclusive, royalty free, perpetual, sub-licensable right to access, copy, adapt, modify and use that intellectual property in connection our business, including without limitation for the delivery of educational services to you and/or other members of the public. You also grant other individuals undertaking theCourse or similar courses provided by us a right to view and use your User GeneratedContent for the purposes of private study in connection with theCourse or similar study. Unless we agree otherwise we will not identify you as the originator of the User GeneratedContent.
5.3. You hereby warrant that:
5.3.1. unless expressly stated by you (in which case you must attribute it to its original source), all User GeneratedContent is and will be your original work and has not been and will not be copied wholly or substantially from any other work or material or any other source;
5.3.2. you are the sole legal and beneficial owner of the rights in the User GeneratedContent;
5.3.3. you have not assigned or licensed and will not assign or license any of the rights in User GeneratedContent in a manner which would prevent the exercise by us of the licence granted in clause 5.2;
5.3.4. your rights in the User GeneratedContent are not subject to any security interest, option, mortgage, charge or lien;
5.3.5. you are unaware (having carried out reasonable and diligent enquiries) of any infringement, or likely infringement of, any of the rights in the User GeneratedContent;
5.3.6. so far as you are aware (having carried out reasonable and diligent enquiries) the exploitation of the rights in User GeneratedContent will not infringe the rights of any third party;
5.3.7. the User GeneratedContent does not contain anything that is defamatory, obscene, indecent or illegal.
5.4. You hereby indemnify us and agree to keep us fully and effectually indemnified against any and all loss, costs, claims, damages, demands and expenses (including reasonable professional fees) arising out of any breach of paragraphs 5.1 to 5.3 inclusive of this Schedule.
6. TERMINATION AND LIABILITY
6.1. Your right to access theCourse shall automatically expire on the date falling 6 months after the OrderConfirmation or the expiry of the period specified on the Website for theCourse, whichever is the earlier.
6.2. We may terminate theContract immediately on giving notice in writing to theCustomer if theCustomer or the User under anyContract commits a material breach of theContract and such breach is irremediable or, if such breach is remediable, theCustomer or User as appropriate fails to remedy that breach within 14 days of a request in writing from us.
6.3. Breach of the provisions of paragraph 6 of this Schedule shall entitle us to cancel theContract without any further liability to you.
6.4. If we terminate theContract we may immediately withdraw access to anyCourse via the Website.
6.5. On expiry or termination of theContract (other than under than pursuant to the cancellation provisions in clause 10 of thisContract):
6.5.1. the User under anyContract shall immediately cease use of theCourse, Services and Materials and theCustomer must:
6.5.2. return all Materials to us at your cost;
6.5.3. pay us any element of the Price which is unpaid;
6.5.4. any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect;
6.5.5. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry, shall not be affected.
6.6. Customers who are consumers agree not to use theCourse for any business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.7. ForCustomers who are not consumers we only supply theCourse for internal use by your business, and you agree not to use theCourses for any re-sale purposes.
6.8. Except as expressly stated in this Schedule, we do not give any representation, warranties or undertakings in relation to theCourse. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
7. OTHER IMPORTANT TERMS
7.1. We may transfer our rights and obligations under aContract to another organisation, but this will not affect your rights or our obligations under these Terms.
7.2. As aCustomer, you may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
7.3. If you are a User but not aCustomer you may not transfer or assign your rights under these Terms.
7.4. ThisContract is betweenCustomers and Users and us. No other person shall have any rights to enforce any of its terms, whether under theContracts (Rights of Third Parties Act) 1999 or otherwise'
email@example.com Updated 28 April 2013