Terms and Conditions
For the purposes of these Terms : - 'we' and 'us' means the Istituto Marangoni ltd. is the provider who will provide the Services to you; - 'you' means the learner receiving the Services; - 'enrol' means the process of enrolling for a course and the term Enrolment shall be construed accordingly. This will involve you completing the relevant application forms on the Website, giving us your payment information and accepting to pay the Course Fee in full by credit card; - 'Services' means (i) the provision of the Course Materials in electronic format via the Website; - 'Work' means any work, exercise, test or drawing produced by the student during the Course and the Examinations; - 'Course Materials' means the materials required to complete the Course; - 'Course Fee' means the fee payable for the provision of the Services. 1. Provision of the Services ---------------------------- Once you have enrolled, you will receive an email confirming the arrangements for your course, and we will start to make the Services available to you in accordance with this paragraph. We will provide you with access to the Course Materials once you have enrolled. You will need to log on through the Website to access the Course Materials. We will provide you a user name and a password to access the course materials online. During the enrolment process the software on the website will check the software on the computer from which you are accessing the website to confirm that your computer has the necessary software installed to allow you to access the Course Materials. In the event that your computer does not have the necessary software installed, the Website will inform you of this and will provide a link to a web-page or a website which will allow you to download the software that will enable you to access the Course Materials. Please note that we only check the compatibility of the computer that you are using for your enrolment. You can log onto the Website from other computers using your user name and password, but you should be aware that not all computers have functionality that will enable you to access all of the Course Materials. 2. Your Right to Cancel the Course ---------------------------------- Once you have Enrolled for a Course, if you decide that you wish to cancel your Enrolment, you may do so provided that you notify us in writing by email within 7 days of Enrolment and during those 7 days, you have not accessed the Course Materials. If you cancel the Services in accordance with the Terms, we will re-credit to you the course fee in full which you have paid to us within 28 days of receiving your notice of cancellation. 3. Quality of the services -------------------------- We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Website We uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond our control. We do not make any commitment to you that the content of the services will meet any specific requirements that you have (except to the extent that your requirements match the course description which is on the Website) and we expect you to take reasonable care to verify that the course in question will meet your needs. When you enrol via the Website, as part of the enrolment process, the software on the Website will perform checks on the computer from which you have accessed the Website in the manner described above. Except as described above we do not make any commitment that the Course Materials will be compatible with or operate with your software or hardware. Additional charges may be payable to third parties for use of the software necessary to view and download the Course Materials. You are responsible for paying these charges. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law. 4. Payment by you of the Course Fee ----------------------------------- You agree to pay us the course fee. If you are liable to pay us the Course Fee in full and you pay the Course Fee by credit or debit card, we will debit your credit or debit card on or after the day of your Enrolment. Credit or debit card details are collected over a secure link. The Course Fee includes VAT. 5. Our Rights to Stop Providing the Services to You --------------------------------------------------- If you are an on-line learner, we will make the Course Materials available to you via the Website from Enrolment until the earlier of your failing to access the course materials for a period of 180 days or more. On the occurrence of the earlier of the events above, we will suspend your access to the Course Materials. If you wish to subscribe for the Services after your access to the Course Materials has been terminated, you will need to enrol again via the Website. We reserve the right to stop providing the Services to you immediately in the event that : you fail to comply with Section 10 of these terms which deals with the manner in which you are permitted to use the course materials and the Website; or you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff; If we exercise this right we will notify you via email. We will then immediately suspend your access to the Course Materials. 6. Our Liability to You ----------------------- The exclusions and limitations of liability contained in these Terms do not apply to : any loss or damage resulting from death or personal injury caused by our negligence; loss or damages arising from our fraudulent misrepresentation; or any other losses which may not be excluded or limited by law. We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable. In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer. We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the course materials, and (ii) all data that you are inputting when completing the course. Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply. 7. Copyright ------------ This website is owned by Istituto Marangoni Ltd. The copyright in the content provided on this website including all of the graphics, code, text products, software, audio, music and design is owned by Istituto Marangoni Ltd. except where otherwise indicated. Istituto Marangoni Limited 2004. All rights reserved. You agree not to copy, reproduce, upload, post, display or use in any way the "Istituto Marangoni" and "Marangoni online" marks, which are the property of Istituto Marangoni Ltd. 8. Copyright on your work ------------------------- You hereby assign by way of future assignment all copyrights arising in your work and in particular allow us to exhibit, reproduce and/or publish such work. 9. Your Right to Use the Course Materials and your Related ---------------------------------------------------------- Obligations ----------- In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home or work use in connection with the receipt of the Services. As such, you may make copies of the Course Materials as they appear on the Website as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website as are reasonable for private purposes. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors. 10. Our Commitment to Privacy ----------------------------- Istituto Marangoni aims to provide all users and visitors to the websites operated with a unique, efficient and customised learning experience. Istituto Marangoni is fully committed to respecting your privacy and to protecting any personal information you provide to it. Istituto Marangoni treats both privacy and security as a priority and makes every effort to ensure that all the information provided by you is protected. Istituto Marangoni has registered as a data controller (in its registered company name of Istituto Marangoni Limited) in accordance with United Kingdom Data Protection Act 1998. Istituto Marangoni will process any personal information which it collects about you in accordance with the Data Protection Act 1998. By providing your information to us, you explicitly consent to Istituto Marangoni processing your personal data, including sensitive personal data, as explained below. By disclosing any personal information to Istituto Marangoni and/or by using the Website you consent to the collection and storage of all personal information provided to Istituto Marangoni as set out in this Privacy Statement and the Terms and Conditions. Netbanx Ltd will use the personal information provided by you for the purposes of processing your online payment and will transmit your credit card details to your issuing bank or credit card company to confirm your payment. 11. How does we protect your personal information? -------------------------------------------------- As a registered data controller, Istituto Marangoni is required to take appropriate technical measures to protect your personal information including making a regular backup of the our system and data. Your account is password protected and all information is contained on a secure server which is accessible only by a limited number of employees who have authorised access rights to such information. If your password has been compromised in any way you should immediately notify us and change your password. Whilst we uses reasonable endeavours to protect your security in the manner described above, we considers that it is only appropriate to advise users that data transmission over the Internet cannot always be guaranteed as 100% secure, and therefore that you use the website at your own risk. When you make a payment online, personal data is collected by Netbanx Limited using industry standard Secure Sockets Layer (SSL) software, which encrypts the information you input. Netbanx will use the information provided by you to refund any monies due to you if you cancel your Enrolment in accordance with Section 2. 12. How long does we keep your personal data ? ---------------------------------------------- Personal data will be retained only for so long as is necessary to fulfil the purposes for which the information was collected, as required by law or to enforce or defend legal claims. In some circumstances, we will retain information which you may have deleted, for example, messages sent by you to your tutor, as evidence of your support, achievement or completion of a learning experience. Such information will be retained for a reasonable time. 13. General ----------- These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Website). Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation. The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The continued use of the Website following any changes to the Terms will mean that you accept such changes.