1. Definitions
  1. Course means an e-learning or blended learning course delivered wholly or significantly via Damar OpenLearning.
  2. Damar OpenLearning means our web-based virtual learning environment.
  3. Materials means the Course materials, which may be in electronic form (including audio and video) and in paper-based form.
  4. Us/we/our means Damar Limited, a company registered in England and Wales with company number 1469426, registered office: First Floor, Petersgate House, 64 St Petersgate, Stockport SK1 1HE.
  5. Student means the individual who has been booked on to a Course.
  6. You/your means the person who has paid for a single-user licence for a Course and the Student (if different).
  1. General
  • By making a Course booking or logging in to Damar OpenLearning you agree that you have read, understand and agree to these terms and conditions of use and any variations that we may make from time to time (provided that a copy of these terms and conditions of use is accessible from the Damar OpenLearning homepage).
  1. Financial
  1. You are not booked on to a Course unless any fee has either been paid in full or a direct debit instruction has been received (for those Courses where payment by direct debit is an option).
  2. Should you decide to leave a Course there will be no refund. If you decide to leave a Course where you are paying by direct debit, the direct debit payment for the month in which you give notice will remain due but no further payments will be payable.
  1. Cancellation policy and “cooling off” period
  1. You may cancel your Course booking at any time by notice to us in writing at Damar Limited, First Floor, Petersgate House, 64 St Petersgate, Stockport SK1 1HE.
  2. If you cancel your Course booking within 14 days of making it and return to us, in good condition, any hard copy Materials that we have sent to you then we will refund any fee that you have paid.
  1. Materials
  1. You have a single user licence to use the Materials. At the end of the Course, your licence to access Damar OpenLearning and any Materials contained on it will expire.
  2. The downloading from Damar OpenLearning of single copies of documents (e.g. Course notes) is permitted only for personal study.
  3. Whether during or after your Course, you shall not copy, share, modify, transmit, distribute, or in any way, exploit the Materials other than for your own individual training, nor shall you permit anyone else to do the same.
  4. We endeavour to ensure that the Materials are of the highest quality and are accurate; however we do not guarantee that they will be error free or complete, nor do we warrant that they will be virus-free. We strongly recommend that you have appropriate virus protection software.
  1. Access to courses
  1. It is your responsibility to ensure that you have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary to use Damar OpenLearning.
  2. We endeavour to provide the Materials to you on a continuous basis. However, from time to time, you may be unable to access the Materials due to conditions beyond our control. Such conditions include but are not limited to: force majeure, power cuts, and the acts of computer hackers. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.
  3. In the event of a break in the provision of Damar OpenLearning, we will take all commercially reasonable steps to ensure provision is restored within a reasonable period of time. The term "commercially reasonable" for these purposes shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
  4. From time to time we may need to reschedule a webinar (for example because of tutor illness). We will always give you as much notice as we can of such cancellation and will reschedule as soon as practicable. However, in the event that a webinar is cancelled and we are unable to reschedule it there would be no refund of the Course fee.
  1. Non-transferability

Your licence to access your Course is not transferrable, nor can it be shared with anyone else.

  1. Third party content and hyperlinks
  1. The Materials and Damar OpenLearning may contain links to other web sites. Unless expressly stated, these web sites are not under our control and we assume no responsibility for the content of such web sites and disclaim liability for any loss or damage arising out of their use.
  2. The inclusion of a link to another web site via Damar OpenLearning or in the Materials does not imply any endorsement of the web sites themselves or of those in control of them.
  1. Limitation of Liability
  1. Our maximum liability under these terms and conditions of use, including costs, shall be no greater than the fee that you have actually paid for the Course.
  2. Where a Course leads to you being entered for a unit of a qualification issued by a third party (such as a professional organisation or awarding body) it is your responsibility to check with such organisation or body whether you have any exemptions and that you meet their requirements for admission/qualification. We are not liable in the event that your application for an exemption or admission should be rejected.
  1. Cookies

Cookies are bits of electronic information that a website can transfer to a user’s hard drive to help tailor and keep records of his or her visit to the site. The use of cookies is standard on the Internet and most major websites use them. Damar OpenLearning will attempt to install a cookie to your browser that will enable it to recognise you whenever you return to the site. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie.

  1. Behaviour
  1. We encourage you to use the online forum on Damar OpenLearning for your Course and to ask questions of your tutor both during webinars and via the forum. However, all communications with your tutor, with any of our other colleagues and with fellow students must be courteous and professional at all times.
  2. We prohibit the transfer or posting anywhere on Damar OpenLearning of nudity, sexually explicit material or other content or language that we consider to be discriminatory or offensive.
  3. Non-compliance with these expected standards of behaviour will result in immediate termination of your course without any refund of your Course fee.
  1. Security

As part of the registration process you will select a username and password. You will keep your username and password secure at all times and will notify us of any known or suspected unauthorised use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your username and/or password.

  1. Data protection
  1. Contact information provided during the purchase of the Course and/or registering as a student will be held within our customer relationship management system in a safe, confidential and secure environment.
  2. Contact information may be used to supply further information about us and our services. You may opt-out of receiving future mailings at any time.
  3. We do not hold any of your financial details electronically.
  4. We will not sell or rent your contact information to any third parties.
  1. Intellectual property

We retain all rights in the intellectual property comprised in Damar OpenLearning and the Materials, including, but not limited to the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyright in and to the Damar OpenLearning and the Materials.

  1. Law and jurisdiction

This agreement is exclusively governed by the laws of England and Wales.

  1. Feedback

Our aim is to be the preferred training partner to employers and their employees. If, at any stage in your Course you feel there is something that we could do better or which you feel has gone particularly well, please tell us about it. You can call our head office during normal office hours on 0161 480 8171 or email us at info@damartraining.com.

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