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Business Terms of Nile Training Centre

Welcome to our online portal. This webpage, in conjunction with our Privacy Policy, Cookie Policy, and Website Use Terms, provides you with information about our organisation and the legal terms and conditions (hereinafter referred to as the 'Terms') under which we offer our online and e-learning courses (referred to as 'Courses') listed on our website (referred to as 'our site') for sale.

The Terms are applicable to every contract established between us for the sale of a Course to you (referred to as 'Contract'). We request you to read these Terms diligently and understand them before you order any Course from our site. Note that, before placing an order, you will be asked to accept these Terms. You will not be able to purchase any Course from our site if you refuse to accept these Terms.

We suggest you print or digitally save these Terms for future reference.

We may modify these Terms periodically as mentioned in clause 5. Each time you wish to order a Course, ensure you understand the applicable terms at that time.

These Terms, as well as any Contract between us, are available solely in English.


1. Details about our organisation:
1.1. We manage the website www.niletrainingcentre.co.uk. We are Nile Training Centre, a company registered in England and Wales under the company number 12773015, with our registered office at Canbury Business Park, Units 6 & 7, Elm Cres, Kingston upon Thames KT2 6HJ.
1.2. How to contact us if you are a consumer:
1.2.1. You may reach us via email at info@niletrainingcentre.co.uk or contact our Customer Service team via phone at +44 203 794 6774 or by post to Canbury Business Park, Units 6 & 7, Elm Cres, Kingston upon Thames KT2 6HJ. If you are writing to us or emailing us, please include your order details to assist us in identifying it.
1.2.2. If we need to contact you or send you a written notice, we will do so by email or by pre-paid post to the address you provide in your order.
1.3. How to contact us if you are a business: You may contact us by calling our Customer Service team at 07765548923 or by emailing us at admin@niletrainingcentre.co.uk. If you wish to provide us with a formal notice of any matter as per these Terms, please refer to clause 15.7.
Use of our site:
Your use of our site is governed by our Website Use Terms. Please take the time to review these as they contain important terms applicable to you.
Our use of your personal information:
We use your personal information in line with our Privacy Policy. Details about our use of cookies can be found in our Cookie Policy. We urge you to review our Privacy and Cookie Policy, as they include important terms applicable to you.
Age restrictions:
If you are a consumer, you may only purchase a Course from our site if you are at least 18 years old.
Our right to modify these Terms:
5.1. We may modify these Terms from time to time. Please look at the top of this page to see when these Terms were last revised and which Terms were modified. Each time you order a Course from us, the Terms applicable at the time of your order will govern the Contract between you and us. We may revise these Terms as they apply to your order from time to time in order to reflect changes in relevant laws and regulatory requirements.
5.2. If we have to modify these Terms as they apply to your order, we will contact you to provide you with a reasonable advance notice of the changes and inform you about how to cancel the Contract if you are not happy with the changes.

6. Purchasing a Course


Order process:
6.1. Our shopping pages will guide you through the steps necessary to place an order with us. Our order process allows you to verify and correct any errors before you submit your order to us. Please ensure you read and check your order at each step of the order process.
6.2. After you place an order, we will send you an email acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3. We will confirm our acceptance of your order by sending you an Acceptance Confirmation in the form of either:
6.3.1. An email acceptance confirmation in the case of authorised courses Like CITB Courses; or
6.3.2. A confirmation of payment receipt and registration in the case of NVQ Courses.
The Contract between us will only be formed when we send you the Acceptance Confirmation.
6.4. If we cannot supply you with a Course, for example, because the Course is no longer available, is full, or because of a pricing error on our site as referred to in clause 9.5, we will inform you by email and we will not process your order. If you have already paid for the Course, we will refund you the full amount as promptly as possible.
Equipment:
For virtual classroom Courses and accredited exam Courses, you will require:
• A functional laptop
• Latest version of Zoom
• Working microphone and camera
• An exam environment
CITB Courses:
6.5.1. Payment terms: All CITB courses must be paid for as per the specific CITB course specification and using the online payment facility provided by the Site or via BACS transfer. Upon receipt of the correct payment, we will provide you with the joining instructions, the zoom link and venue address (if applicable), and any course materials will be provided to you in digital format.
6.5.3. Course rules: All CITB courses are subject to the CITB Rules and CITB examination rules. Please take time to read these and ensure you understand them. Non-compliance with these rules will result in you being ineligible for the CITB Certificate.
6.5.4. Changing Course start dates: we will endeavour to accommodate requests to transfer you onto a different Course, but cannot guarantee that this will be possible. All transfers are subject to a rebooking fee of £50+VAT of your Course fee which is payable immediately to secure the Course transfer and is non-refundable, subject to an advance notice of at least 5 working days prior to the Course start date.
6.5.5. Changing Course session dates once a Course has started (or with less than 5 working days' notice): we will endeavour to accommodate requests to transfer you onto a different session but cannot guarantee that this will be possible. All transfers are subject to a rebooking fee of 75% of your Course fee which is payable immediately in order to secure the session transfer and is non-refundable.
6.5.6. Refunds and Cancellations:
If you are a consumer customer, you have the right to cancel your Course within a cooling-off period as outlined in clause 7 below. Outside of this cooling-off period, you may cancel your Course provided that you give us a minimum of 5 working days' notice before the Course start date, and you have not accessed the Course portal or opened the seal pack of hard copy materials, if applicable. In such cases, we will refund the Course fees, deducting an administration fee of £50+VAT. However, Course fees will not be refunded in all other instances.
If you are a business customer and wish to cancel your purchase, you must provide us with a minimum of 5 working days' notice before the Course start date. Upon cancellation, we will refund the Course fees, deducting an administration fee of £50+VAT. Course fees will not be refunded in all other instances.
In the event of your absence from the Course, no refund of the Course fee will be issued. If you wish to attend the Course again, you will be required to pay the full Course fees.
6.5.7. Failing a Course and Resits:
If you fail your Course to the extent that you are not eligible for an exam re-sit and need to retake the entire Course, you will not receive the certificate. To re-do the Course and sit for the exam again, you must pay 75% of the Course fee, along with any relevant exam re-sit fee, if applicable.
For certain exams, if you score between 70% and below 80% or the designated pass mark, you may re-sit the exam without any additional charges if you do so on the day of the exam. However, if you choose to re-sit the exam on a different date, you must do so within 90 days of the original exam date, subject to availability, and pay an additional exam fee of £50+VAT.
6.6. NVQ Courses - Construction & Business:
6.6.1. Payment terms: All NVQ Courses must be paid for as outlined in the specific NVQ course specification, using the online payment facility provided on our site. Once we receive the correct payment, you will receive the login details to the online portal, the Course materials will be provided in digital format, and you will be registered for the Course. Please note that once the online portal has been accessed, you cannot receive a refund for the deposit payment. If any balance payments are due (e.g., if a candidate has only paid a deposit), they must be paid either upon Course completion or within 6 months from the Course start date (Course start date is indicated on the confirmation of registration). Failure to make outstanding payments will result in no Course certificates being issued. In the case of group bookings by business customers, the entire group will not receive certification until all outstanding payments have been made.
6.6.2. NVQ extension fee: All candidates are expected to complete the NVQ Course within one year. If you take over one year to complete the NVQ Course, we reserve the right to charge a monthly NVQ Course extension fee of £100+VAT, starting from the anniversary of your NVQ Course start date until the Course is completed. Monthly invoices for the extension fee will be sent accordingly.
6.6.3. Course rules: All NVQ Courses are subject to the NVQ Rules. Please ensure that you have read and understood these rules, as failure to comply with them will render you ineligible for the NVQ Certificate.
6.6.4. Changing Course start dates: We will make every effort to accommodate requests to transfer you to a different Course, although we cannot guarantee availability. All transfers are subject to a rebooking fee of 20% of your Course fee, payable immediately to secure the Course transfer. This rebooking fee is non-refundable.
6.6.5. Refunds and Cancellations:
If you are a consumer customer, given the digital nature of the Course, you do not have cooling-off rights as outlined in clause 7 below. Outside of this cooling-off period, and provided you have not accessed the Course portal, you may cancel your Course, and we will refund the Course fees, deducting an administration fee of 20%. However, Course fees will not be refunded in all other cases.
If you fail to attend the Course, no refund of the Course fee is due. If you wish to attend the Course again, you will be required to pay the full Course fees.
6.7. Short Course E-Learning:
6.7.1. Payment terms: All Short Course e-Learning Courses must be paid for in advance using the online payment facility provided on our site. Once we receive the correct payment, the Course materials will be provided in digital format.
6.7.2. Course rules: All Short Course e-Learning Courses are subject to specific examination rules mentioned in the Course details. Failure to comply with these rules will render you ineligible for the relevant Course certificate.
6.7.3. Refunds and Cancellations:
If you are a consumer customer, given the digital nature of the Course, you do not have cooling-off rights as outlined in clause 7 below. Outside of this cooling-off period, and provided you have not accessed the Course portal, you may cancel your Course, and we will refund the Course fees, deducting an administration fee of 20% of the Course fee. However, Course fees will not be refunded in all other cases.
If you are a business customer and wish to cancel your purchase, you may do so provided you have not downloaded the Course. We will refund the Course fees, deducting an administration fee of 20% of the Course fee.
If you fail to use the Course, no refund of the Course fee is due.
6.7.4. Failing a Course and Re-sits: Each Course is divided into modules with knowledge tests at the end of each module. To complete the Course, you must pass all the modules. You have three attempts or "lives" to pass each module. If you exceed three failures, you must retake the entire Course and purchase a new Course license at a cost of 75% of the Course fee.
6.7.5. Failing an Accredited Exam: You will take an exam under supervision, with the session recorded. If you fail this exam either due to the mark percentage or non-compliance with technical instructions or exam rules, you can re-sit the exam at a cost of £50+VAT.


7. 'Cooling Off' Rights Cancellation Policy - CONSUMERS ONLY


7.1. Subject to Clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your purchase during the period set out in Clause 7.2 below. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to purchase a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2. Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the date of the Acceptance Confirmation.
7.3. PLEASE NOTE: Due to the digital nature of e-books and e-courses and any supplementary videos, if you wish to download any content within the 14-day cancellation period (which, for the avoidance of doubt, includes accessing the online portal or Course materials) or start a Course within the 14-day cancellation period, you will lose your right to cancel the Contract. This does not affect your statutory rights.
7.4. If a Course has been fully performed during the 14-day cancellation period, you will lose any right to a refund. If the Course is only part performed, you will be liable to pay for the Course actually received.
7.5. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. If you use this method, we will email you to confirm that we have received your cancellation. You can also email us at info@niletrainingcentre.co.uk or contact our Customer Services team by telephone on +44 203 794 6774. If you are emailing us, please include details of your order to help us identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you get your email to us before midnight on that day.
7.6. If you cancel your Contract in accordance with this clause 7, we will:
7.6.1.1. refund you the price you paid for the Course; and
7.6.1.2. make any refunds due to you as soon as possible and, in any event, within 14 working days after you inform us of your decision to cancel the Contract.
7.7. We will refund you on the credit card or debit card used by you to pay or by BACS transfer.
7.8. Because you are a consumer, we are under a legal duty to supply products and services that are in conformity with these Terms. As a consumer, you have legal rights in relation to services that are faulty or not as described. These legal rights are not affected by your right of refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.


8. Access to Courses and Delivery of Certificates


Access to Courses will be provided via our online portal, and all Course materials will be provided digitally unless paper copies are requested. Certificates for successful completion of Courses and/or exams will be provided by way of an e-certificate sent by email or uploaded to your e-learning portal after successful completion of the Course and/or after it has been checked and marked by the Course proctor. Please note that this can take up to 28 working days from the submission of the Course work/exam. Occasionally, our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.


9. Prices and Payment


9.1. The prices for the Courses are calculated and payable in advance as set out on the online store page of our site. We shall be under no obligation to provide the Courses until the price or required deposit has been paid in full.

9.2. The prices of the Courses will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of the Courses are correct at the time when the relevant information was entered onto the system. However, please see clause 9.6 for what happens if we discover an error in the price of the Courses you ordered.
9.3. Prices for our Courses may change from time to time, but changes will not affect any order you have already placed.
9.4. It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. If we discover an error in the price of the Courses you have ordered, we will contact you to inform you of this error and we will give you the option of continuing to purchase the Courses at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Courses to you at the incorrect (lower) price.
9.5. All prices are expressed inclusive of any VAT payable unless otherwise stated. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Courses in full before the change in VAT takes effect.
9.6. You can only pay for the Courses using a debit card or credit card or our payment processor [WooCommerce/Stripe/PayPal]. We accept the following cards: AMEX, VISA, MASTERCARD, VISA DEBIT, MASTERCARD DEBIT.


10. Intellectual Property


10.1. The content of our site and all Courses sold via our site are protected by copyright, trademarks, database rights, and other intellectual property rights. You may retrieve and display the content of our site on a computer screen, store such content in electronic form on a disk (but not any server or other storage device connected to a network), or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the materials or content on our site or for sale from our site without written permission from us.


11. Our Liability if You Are a Business


This clause 11 only applies if you are a business customer.
11.1. We only supply the Courses for internal use by your business, and you agree not to use the Courses for any resale purposes.
11.2. Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) defective products under the Consumer Protection Act 1987.
11.3. Subject to clause 11.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information, or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or
f) any indirect or consequential loss.
11.4. Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Course.
11.5. Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Courses. 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 Courses are suitable for your purposes.


12. Our liability if you are a consumer


This clause 12 only applies if you are a consumer.
12.1. If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
12.2. We only supply the Courses for domestic and private use. You agree not to use the Courses for any commercial, business, or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.3. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose, and samples); and
e) defective products under the Consumer Protection Act 1987.
12.4. It is your responsibility to ensure that the Courses are suitable for your requirements. We are happy to offer advice but accept no liability in the event that the Course content does not meet your requirements.
12.5. We give no guarantee that by attending and/or completing the Courses, you will experience success in any business or activity that you may pursue following the Course.
12.6. We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing our site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.


13. Events outside our control


13.1. We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2.
13.2. An Event Outside Our Control means any act or event beyond our reasonable control, including, but not limited to, pandemics, strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
13.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4. You may cancel a Contract affected by an Event Outside Our Control. To cancel, please contact us.


14. Our assurance to you


14.1. We warrant that we have the right to supply the Courses and will use all reasonable skill and care in making the Courses available to you and in ensuring their availability.
14.2. All Course contents have been carefully researched by us and are believed to be the most up-to-date and factually accurate information available at the time of the Course.
14.3. We are continually seeking to improve the Courses. We reserve the right, at our discretion, to make changes to any part of the Courses, provided that it does not materially reduce their content or functionality.


15. Other important terms


15.1. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6. If you are a consumer, you may contact us as described in clause 1.2.
15.7. If you are a business:
15.7.1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by prepaid first-class post or other next working day delivery service or email.
15.7.2. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by prepaid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or if sent by email, one Business Day after transmission.
15.7.3. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post, and, in the case of an email, that such email was sent to the specified email address of the addressee.
15.7.4. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15.8. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Courses through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.9. If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.10. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).