MYCERTIS

WEBSITE TERMS

mycertis.com (mycertis) is operated by The City and Guilds of London Institute (City & Guilds, we, our or us). City & Guilds is a body incorporated by Royal Charter and registered as a charity in England and Wales (Reg. No. 312832) and in Scotland (Reg. No. SC039576). Our registered address is 1 Giltspur Street, London EC1A 9DD. We are regulated by Ofqual.

These website terms and conditions (Terms) govern your use of mycertis and any purchase you make via mycertis. By setting up a mycertis account, or by using mycertis, you agree to be bound by these Terms.

In addition, we will process any personal information you provide to us via mycertis in accordance with our privacy policy.

SECTION A

TERMS AND CONDITIONS OF ACCEPTABLE USE

Account authentication

You warrant and undertake that all information provided to us in relation to your mycertis account is true, accurate, complete, and not misleading in any way.

If you are using mycertis on behalf of an organisation (eg your employer or an Approved Centre), you warrant and undertake that have permission to set up a mycertis user account, and that you have the authority to make orders for goods or services, and carry out administrative activities on mycertis, on its behalf.

Password protection

User names and passwords are personal to each user of mycertis. You are responsible for keeping your account details confidential, and you must not share these details with any other person or organisation. If you believe that your account details have been lost, disclosed, or used by another person, you must reset your password and contact City & Guilds immediately.

Use of information available via mycertis

City & Guilds may enable certain authorised users of mycertis (eg Approved Centres) to view and/or edit the personal information of other mycertis users and of learners who have enrolled for a qualification offered by an Approved Centre.

Where you are able to view and/or edit such personal information, you warrant and undertake that you will only view and/or edit such personal information as is strictly necessary to carry out authorised activities, and may not use or disclose such personal information for any other reason. In addition, you must only use such personal information strictly in accordance with the UK Data Protection Act.

Verification of certificates via mycertis

If you are verifying the validity of a certificate via mycertis, you warrant that you have the express permission of the certificate owner to carry out this verification activity, and undertake that you will not use or disclose any information relating to the validity of the certificate other than as expressly permitted by the certificate owner.

Although we take all reasonable steps to ensure that the information provided via mycertis is accurate, we cannot guarantee the all information provided via mycertis is error free as such information is entered into mycertis from a large number of independent third party sources (eg centres and learners). Accordingly, we shall not be held responsible for any reliance on or use of the information provided via mycertis.

Suspension rights

City & Guilds may suspend or cancel a user account at anytime if it has reason to believe that the user account is being misused in anyway, the security of the account has been compromised, or the account is no longer in use.

SECTION B

TERMS AND CONDITIONS OF SUPPLY

Contract formation

After placing an order you will receive an e-mail acknowledging that your order has been received (Order Confirmation). We will then send you a second email confirming that your order has been accepted and dispatched (Dispatch Confirmation). The sale and purchase contract between you and City & Guilds for the purchase of an item (Contract) will be formed when the Dispatch Confirmation is sent to you. At which point, you confirm that performance of the Contract has begun with your consent.

Delivery of items ordered via mycertis

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of Dispatch Confirmation (Delivery Date) (unless there are exceptional circumstances).

In the event that an item has not been delivered within 5 days of the Delivery Date, please contact City & Guilds, by post or email, and let us know whether you would like a refund of the purchase price and postage costs paid or a replacement item (delivered to you free of charge).

Damaged or incorrect items

If you have received a damaged or incorrect item, please contact City & Guilds by post or email and let us know whether you would like a full refund of the purchase price and postage costs paid or a replacement item (sent to you free of charge).

Refunds

Refunds will be processed as soon as reasonably possible and, in any case, within 30 days of your notification to us. We will usually refund payments using the same method originally used by you to pay for your purchase.

Risk and title

Ownership of the item will pass to you when you have paid for the item. An item will be at your risk from the time of delivery to you.

Price and payment

The price of each item is as advertised on mycertis (except in the case of obvious error). Prices may change from time to time, but changes will not affect orders which have been placed prior to any change. In the case of obvious pricing error, we will contact you to inform you of the correct price, and check whether you wish to proceed with the order.

The prices shown include VAT but exclude delivery costs, which will be added to the total amount during check out.

If you order is for delivery outside the UK, it may be subject to import duties which you would be responsible for.

SECTION C

GENERAL TERMS AND CONDITIONS OF USE

Intellectual property rights

City & Guilds is the owner (or authorised licensee) of all content comprising mycertis. You must not copy or use any content for commercial purposes without obtaining a written licence from us.

‘City & Guilds’ is a registered trade mark of The City and Guilds of London Institute and may not be used without first obtaining a written licence from us to do so.

‘mycertis’ is a trademark of The City and Guilds of London Institute and may not be used without first obtaining a written licence from us to do so.

Acceptable use

You must not misuse mycertis by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to mycertis, the server on which mycertis is stored, or any computer or database connected to mycertis.

City & Guilds will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use mycertis will cease immediately.

City & Guilds will not be liable for any loss or damage caused by any material which may infect your computer equipment, computer programs, data, or other proprietary material due to your use of mycertis.

Links to any third party websites are provided for your information only. City & Guilds has no control over the contents or availability of such third party websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Service availability

City & Guilds reserves the right to suspend, amend, or withdraw the service we provide via mycertis without notice. We will not be liable if, for any reason, mycertis is unavailable at any time, for any period.

Our liability

Nothing in these Terms is intended to limit or exclude City & Guilds liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter for which may not be limited or excluded in law.

City & Guilds shall not be responsible for (1) any indirect, incidental, consequential, or special loss suffered by you in connection with any use of mycertis, or for any order placed via mycertis or (2) any loss of goodwill, revenue, opportunity, profit, data, anticipated savings, business, reputation, contracts, or management time.

City & Guilds total liability to you in connection with any use of mycertis, or in connection with any item purchased via mycertis, howsoever arising in whether in contract, tort (including negligence), statute or otherwise), shall be limited to the fee paid for such item or service.

Commentary and other materials posted on mycertis are not intended to amount to advice on which reliance should be placed. City & Guilds therefore disclaims all liability and responsibility arising from any reliance placed on such commentary or other materials.

Written communications

Communications made by City & Guilds in connection with mycertis will be mainly electronic. For contractual purposes, you agree to such electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This term does not affect your statutory rights.

Notices

All notices from you to City & Guilds must be sent to us by either email or post:

We may give notice to you at either the e-mail or postal address you provide to us when placing an order (if the notice is personal to you) or by posting a notice on mycertis (if the notice is generally applicable to all users).

Notices will be deemed received and properly served 24 hours after an e-mail is sent, three days after the date of posting of any letter, or immediately when posted on mycertis.

Our right to amend these Terms

City & Guilds may amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws or regulatory requirements, and changes in capability and/or functionality.

The Terms posted on mycertis at the time of use, or the placement of an order, shall apply, unless any change is required by law or governmental authority to be made retrospectively (in which case it will apply to orders previously placed by you).

Events outside our control

City & Guilds will not be liable for any delay or non-performance to the extent that performance is interrupted or prevented by anything beyond our reasonable control. Such delay or failure shall not constitute a breach of these Terms and the time for performance shall be extended by a period equivalent to that during which performance is so prevented.

Entire agreement

These Terms constitute the whole agreement between us and supersede any previous arrangement, understanding, or agreement between us, relating to the subject matter covered by these Terms.

Non waiver

If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, it shall apply with the minimum modification necessary to make it legal, valid, or enforceable and the remainder of these Terms shall not be affected.

Governing law and jurisdiction

Any dispute or claim between you and City & Guilds arising in connection with mycertis shall be governed by and construed in accordance with the law of England and Wales and you and City & Guilds hereby submit to the exclusive jurisdiction of the English courts.