Terms and Conditions of Supply

1 – These terms and our contract with you

  • What these terms cover. These are the terms and conditions on which we supply our online courses to you. Your contract with us is made up of these Terms and Conditions of Supply, the course description and any other notices we provide to you during the course.
  • How we will accept your order. You will be required to create an online account with us through which you will access the course(s) you purchase. You will enter into a contract with us when you receive an email from us confirming your order, after you have paid the full amount of the fees for your course. Your enrolment and continued access to the course is conditional upon you complying with these Terms and Conditions of Supply, our Terms and Conditions of Use of the website, our policies and any other notices we provide to you from time to time.

2 – Our rights to make changes

  • Minor changes to the courses. We will seek to deliver each course in accordance with the description set out on your course web page. There may be situations in which it is desirable or necessary for us to make changes in course provision, either before or after enrolment. We therefore reserve the right to make reasonable changed to the course including (without limitation) to the staff, the content and the syllabus.
  • In exceptional circumstances we may need to suspend, discontinue or combine courses. This may be because of changes within subject areas or as a result of low student numbers on a course.
  • Updates to digital content. We may update or require you to update digital content, provided that we will seek to ensure the digital content shall always match the description of it that we provided to you before you bought it.

3 – Providing the course

  • Delivery costs. The costs of delivery will be as displayed to you on our website.
  • We will accept payment by credit or debit card. We may accept payment by invoice – please contact us to find out more.
  • These payments (other than payment by invoice, which may be available to business customers) are independently processed through third-party services. Therefore, we do not collect any consumer payment information (such as credit card details) but only receive a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, we shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed ore refused payment shall be borne by you.
  • When we will provide the products. The product is a one-off purchase of digital content. We will make the digital content available for download or streaming by you through your online account as soon as we accept your order.
  • We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

4 – Cancellations and refunds

  • If you are a consumer: Your rights when you end the contract will depend on whether there is anything wrong with what you have bought, how we are performing and when you decide to end the contract:
    • If what you have bought is faulty or misdescribed you may have a legal right to end the contract, see clause 11;
    • If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
    • If you have just changed your mind about the product, see clause 3.
  • Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any courses which have not been provided and you may also be entitled to compensation. The reasons are:
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the products may be significantly delayed because of events outside our control;
    • we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than seven days; or
    • you have a legal right to end the contract because of something we have done wrong.
  • If you change your mind.
    • Subject to Clause 4.3(b) below, where we have accepted / confirmed your order and formed a legally binding contract with you in accordance with clause 1.2 above, then you are permitted within 14 days starting on the day after the date of confirmation, to cancel your purchase of the course and receive a refund. Your access to the course will be cancelled;
    • If you have already accessed, downloaded all or any part of the course(s) and/or started to use that course then you will have no right to cancel your order.
  • If you are a business customer, or purchasing for business purposes, you will not be entitled to a refund. You will be entitled to your statutory rights in respect of the course(s) you have purchased.

5 – How to end the contract with us

  • Tell us you want to end the contract. To end the contract with us, please let us know by email to impact@tmgtraining.co.uk. Please provide your name, details of the order and, where available, your phone number and email address.
  • How we will refund you. If you are entitled to a refund, we will arrange this as soon as possible by the method you used for payment. However, we may make deductions from the price, as described below.

6 – Our rights to end the contract

  • We may end the contract if you break it. We may end the contract for a course and remove the course content from you account or suspend or cancel your account at any time by writing to you if:
    • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the course;
    • you breach any of the terms of these Terms and Conditions of Supply, or the Terms and Conditions of Use including without limitation if you infringe our intellectual property rights.

7 – If there is a problem with the product

  • How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at impact@tmgtraining.co.uk
  • Summary of your legal rights. We are under a legal duty to supply digital content as described, fit for purpose and of satisfactory quality. a) If your digital content is faulty, you’re entitled to a repair or a replacement. b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

8 – Our responsibility for loss or damage suffered by you

  • We will not be liable to you for any loss caused to you under our contract with you which results from events which are beyond our reasonable control, such as: industrial action, acts of god, acts of terrorism, downtime or other failures of the server or website, the unanticipated departure of key trainers or members of staff or failure by third party suppliers and subcontractors. In such circumstances, we will take reasonable steps to mitigate the impact on you and to restore usual teaching and services.

 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described; of satisfactory quality; and supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987. 

  • When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
  • We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9 – How we may use your personal information

  • How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

10 – Other important terms

  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
  • You may not transfer your rights or grant access to your account to anyone else.
  • Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
  • If a court finds part of this contract illegal, the rest will continue in force.
  • Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.