Terms & Condition

Please read these Terms and Conditions of Use ('Terms') carefully before using www.microbooks.org ('the Website'). These Terms apply to all users of this Website including casual browsers. 

1. Terms applying to all users of the Microbooks website.

Please read these Terms and Conditions of Use ('Terms') carefully before using www.microbooks.org ('the Website'). Additional terms and conditions apply if you enrol on a course (Part B). These will be drawn to your attention during the process of registration. In these Terms, 'we', 'us' and 'Microbooks' means :

Microbooks Limited, Cyberville, GB, GU46 7RU

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement.  You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse. Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence). 

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately midnight and 06:00 GMT each day. 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 and the services offered via the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of Microbooks.

You accept that you will not have a claim for breach of contract (either against us or your Microbooks provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses. 

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website:

  1.  
    1. any other losses which may not be excluded or limited by law. 
    2. loss or damages arising from our fraudulent misrepresentation; or 
    3. any loss or damage resulting from death or personal injury caused by our negligence; The exclusions and limitations of liability contained in this section do not apply to : 
    4. any indirect or consequential loss.
    5.  any loss or corruption of data; or 
    6. any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue; 

 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.  If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you doing so.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future. 

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. 

2. Purpose of the Website 

Please note that the courses advertised on this Website are provided by approved Microbooks learning providers, as well as Microbooks itself. The purpose of the Website is to provide individuals and businesses with information on the range of courses, products and other services offered by or via Microbooks. 

3. Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Microbooks Copyright Statement.

4. Microbooks Community

Microbooks offers all users of the Website the option of joining the Microbooks community. This area enables you to post comments on and discuss both the content and service provided on the Website, the courses offered via the Website and the general learning experience with your fellow learners and tutors. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph.

We provide the “Community” to you free of charge. As a consequence of this we do not make any guarantee as to the availability, performance or continued provision of these services and reserve the right to modify or to terminate the provision of all or any of these services at any time. Availablity of the service may be interrupted from time to time for maintenance purposes. We also reserve the right to establish general rules and limits concerning use of the “Community”. We shall notify you via these terms and conditions if we amend any such rules or limits.

You agree that we and Microbooks have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using the “Community”.

You acknowledge that you are solely responsible for any content or other materials that you send or post to the “Community” or any part of the Website and that all communications may be moderated by Microbooks and that Microbooks reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by Microbooks. You agree not to use the “Community” or any part of the Website:

  1.  
    1. for any unlawful purposes;
    2. to transmit, store  or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libellous, vulgar or otherwise objectionable;
    3. to transmit, store  or communicate any material which infringes our or any other person's copyrights, trademarks, patents, moral rights or other intellectual property rights of any nature;
    4. to transmit, store or communicate any material that contains images, audio or video recordings, software or other material protected by intellectual property laws (or by the rights of confidentiality or privacy, where applicable) unless you own or control the rights thereto and have received all necessary consents and agreement in relation to any third parties' interest in the material;
    5. for commercial purposes including without limitation the publishing or circulation of any promotion, or advertisement, or the solicitation of funds or the sale or supply of goods or services;
    6. to transmit, store  or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
    7. harvest content or IP addresses or transmit or communicate any material which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or server or any other computer or that contains any unsolicited or unauthorised materials, chain letters, junk mail, spam or similar;  
    8. to transmit any material which is likely to cause harm to Microbooks or anyone else's computer systems, including but not limited to any virus, code, worm, data or other routine purposely designed to damage or cause any defect, error, malfunction or corruption to any computer system;
    9. to restrict or in any way inhibit any person from using this Website;
    10. to transmit, store or communicate any material which is irrelevant to the subject matter;
    11. to transmit, store or communicate any material in breach of the Computer Misuse Act 1990;
    12. to impersonate or falsely state or misrepresent your association with any entity or person including without limitation Microbooks, the Microbooks tutors or other learners;
    13. to delete any author contributions, legal notices or proprietary designations or labels in any file which is uploaded or falsify the origin or source of the material which is transmitted or communicated;
    14. to obtain, collect or store any personal data about any visitors or learners of the Website;
    15. to transmit applications which make excessive demands on bandwidth;
    16. to use the “Community” facility provided through this Website, or to receive any newsletter or service under more than one user name and/or user account number without the consent of Microbooks.
    17. By posting a message on the Website you warrant that your message complies with the Terms and Conditions, house rules and/or any relevant laws and regulations in force from time to time, and agree to indemnify Microbooks against all legal fees, damages and other expenses that may be incurred by Microbooks as a result of your breach of this warranty.

If you discover any material or behaviour of other users which you think is unacceptable or in breach of these Terms and Conditions you should report it to us, and we will deal with it at our discretion.

If you post any comments or content on the Website you grant Microbooks and the provider a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, translate, distribute and display such materials in any and all media now known or in future created throughout the world and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any material posted by you on the website.

5. Removal of content and response to complaints

In the event that you send any content that breaches the provisions of the above paragraph, Microbooks reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. Microbooks will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.

Microbooks shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website.

Microbooks may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content.

Microbooks reserves the right to delete any contribution, or take action against any account, at any time, for any reason.

6. Third Party Links

We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of Microbooks. Any link (including without limitation any links posted by other users of the Website) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third party website. Microbooks does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.

7. Amendments to the Terms

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect.

8. Terms applying if you enrol for a Microbooks course

These Terms and Conditions ('Terms') apply to the provision of courses advertised on www.microbooks.org (the 'Website') or in a Microbooks approved centre ('Microbooks centres'). Please read these Terms carefully before enrolling on a course.

For the purposes of these Terms:

  1.  
    1. 'we' and 'us' means the Microbooks provider who will provide the Services to you. The Services are provided by the Provider and not by Microbooks. When you enrol on a course the Microbooks provider will be the person who operates that Microbooks centre to which you pay your Course Fee.
    2. 'you' means the learner receiving the Services;
    3. 'enrol' means the process of enrolling for a course and the term "enrolment" shall be construed accordingly. When you enrol this will involve you completing the relevant registration and/or application forms;
    4. 'Services' means (i) the provision of the Course Materials in electronic format via the Website unless you have requested that the Course Materials be provided in paper or other format where that option applies; and (ii) the provision of tutorial and other support;
    5. 'Course Materials' means the materials required to complete the Course; and
    6. 'Course Fee' means the fee payable for the provision of the Services.

9. Password

When you enrol for a Microbooks course you will be asked to select a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure.

The information that you provide to us when you enrol for a Microbooks course or at any other time is subject to the Microbooks Privacy Statement.

10. Privacy

We treat your privacy very seriously. Please read our Privacy Statement if you would like further details about the information we collect and how it is used.  By using this Website and submitting personal data you acknowledge and agree that you have understood and accept the terms of the Privacy Statement..

11. Provision of the Services

When you enrol for a Microbooks course you will be issued with a learner reference number which will be retained by you throughout your relationship with Microbooks.

We will provide you with access to the Course Materials once you have enrolled. If the Course Materials are delivered in an offline format the materials will be despatched to you after your enrolment. We will endeavour to get offline course material to you within 8 working days after your enrolment.  You will need to log on using your chosen user name and password to access the course materials on-line.

You can log onto the Website from any computer using your assigned user name and password but you should be aware that not all computers have the software that will enable you to access all of the Course Materials. If you are not accessing your course in a Microbooks centre, please check the software requirements held within the course catalogue on the Website. In the event that your computer does not have the necessary course players installed, the catalogue will inform you of this and will provide a link to a web-page or a website which will allow you to download the player that will enable you to access the Course Materials. If this does not help you should contact your Microbooks provider, tutor or the Microbooks Learner Services helpline, details of which will be on the Website.

We provide technical support to learners. Requests for technical support outside our opening hours will be routed to the Microbooks Learner Services helpline. We will use reasonable skill and care in providing any technical support and will use reasonable endeavours to ensure that this service is available to you.  However, neither Microbooks nor our Microbooks provider can guarantee uninterrupted availability of technical support.

If learners require technical advice they should always contact their Microbooks provider in the first instance.

You acknowledge and accept that periods of downtime may be required in respect of the Microbooks IT infrastructure in the circumstances outlined in these Terms and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract (either against us or your Microbooks provider) or otherwise in respect of such period of unavailability.

Subject to Paragraph 17, we exclude all other warranties, express or implied, as to the performance and availability of the technical support service, except as expressly stated in these Terms and Conditions. We do not guarantee that the technical advice provided by us will resolve your technical problems.  If you decide to take advantage of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with your Microbooks provider as outlined in Paragraph 12.

Tutorial support will be provided on a first-come first-served basis. Tutorial support in the Microbooks centre will be available during the normal opening hours of the Microbooks centre.

12. 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:

  1.  
    1. you notify the Microbooks provider that you wish to cancel your enrolment; and
    2. you have not accessed the Course Materials or obtained tutorial support.

13. 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 or which was made available to you at the Microbooks centre when you enrolled.

Microbooks uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. Microbooks reserves the right to suspend access to the Website between the scheduled maintenance window of approximately 01:00 and 02:30 GMT each day. 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 the control of Microbooks.

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 or which was made available to you at the Microbooks centre when you enrolled) and we expect you to take reasonable care to verify that the course in question will meet your needs, particularly if you are in receipt of funding from an appropriate funding authority in respect of your course. Further, we do not make any commitment to you that you will obtain any particular result from your receipt of the services or that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website or at the Learning Centre when you enrolled, subject to your successful achievement of that qualification).

Except as described earlier in this statement, if you are not accessing your course in a Microbooks centre we do not make any commitment that the Course Materials will be compatible with or operate with the software or hardware on your computer.

In the event that we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the Course Materials, you do so at your own risk.

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. In the event that you attend a Microbooks centre and wish to access the course materials from a computer at the Microbooks centre, we will reserve the right to charge you a reasonable fee in respect of your use of such equipment.

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.

14. Payment by you of the Course Fee/Sponsorship from tappropriate funding sources.

You agree to pay us the course fee (including VAT where applicable) to Microbooks.

We reserve the right from time to time to change the amount of the Course Fee. The current Course Fee for any course at any given time will be displayed on the Website. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.

15. 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:

  1.  
    1. your notifying us in writing, by email or by telephone that you have completed the course and no longer require access to the Services;
    2. your failing to access the course materials for a period of 90 days or more; or
    3.  90 days after your Microbooks provider marks the course as completed or achieved.

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.

We reserve the right to stop providing the Services to you immediately in the event that:

  1.  
    1. you fail to comply with paragraph 18 of these terms which deals with the manner in which you are permitted to use the course materials and the Website; or
    2. you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us or when attending any Microbooks centre.

By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of either our staff or any other person at a Microbooks centre; or

If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your access to the Course Materials.

16. Complaints

In the event that you are not satisfied with any aspect of the services, please contact us at admin@microbooks.org.

If, having raised the issue with us, you are still not satisfied, please contact Ufi. Please ask your learning centre to provide details of the Learner Promise,  how to complain and how you can contact us.

17. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to:

  1.  
    1. any loss or damage resulting from death or personal injury caused by our negligence;
    2. loss or damages arising from our fraudulent misrepresentation; or
    3. 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 (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by Microbooks) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (before such course fee is reduced by the amount of any public funding for which you are eligible).

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.

18. 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 [i.e.not to be used by, or transferred to, another person] for you to use the Course Materials for the sole purpose of non-commercial home, work or Microbooks centre 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. You may not makes copies of any Course Materials supplied to you in hard copy format.

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.

19. General

Subject to the terms of any agreement we conclude with you if you enrol on a Microbooks course, we reserve the right to withdraw all or part of the Website at any time.

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 or provided to you in a Microbooks centre). 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.

20. Contacting Us

You can contact us:

  1. by telephone on 0800 052 0900 between 9.00am and 5.00pm weekdays
  2. by email at admin@microbooks.org
  3. by post at: Microbooks, Cyberville, Yateley, GU467RU.

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