Terms and Conditions
Please read the Online Terms carefully before purchasing an Online Course. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.
1. Online Course Provider
1.1 The Online Courses are provided by FutureX Innovation Limited (hereinafter
referred to as “FutureX”, “we” or “us”), a company incorporated in Scotland with
company number SC561383, VAT registration number 271 4472 07 and with its registered office at 7/7 Ritchie Place, Edinburgh, EH11 1DT.
1.2 We will use our reasonable endeavours to provide the Online Courses advertised
by FutureX
1.3 We will provide the Online Courses using reasonable care and skill.
1.4We will use our reasonable endeavours to ensure that the dates of the course will
be delivered at per the website or Brochure however we will adapt in case moving them will ensure providing better value.
2. Definitions
2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings:
“Brochure” means any online or hard copy material produced by FutureX that provides detailed information with respect to the Online Courses;
“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;
“Online Course” a Scheduled Online Course provided by FutureX;
“Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;
“Scheduled Online Course means an online course which is only available for access by you on a predetermined start date;
“Website” means www.futurexinnovation.com or any other domain operated by FutureX; and
“you” means the individual purchasing the Online Course.
2.2 The use of singular words herein also include the plural.
3. Purchasing and Confirmation
3.1 In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
3.2 When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3.3. A legally binding agreement shall only come into existence once:
(a) FutureX has accepted your application by sending you an order confirmation email which will provide you with an invoice to settle the course fee.
(b) FutureX has received from you (or on your behalf) the entire Course Fee in cleared funds
3.4 We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
3.5 Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.
4. Payment
4.1 The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure.
4.2 All amounts are payable in Pounds Sterling. The prices quoted are exclusive of VAT. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to FutureX
4.3 Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable with a one-off lump-sum payment, payable with your purchase offer.
4.4 Where the Course Fee is paid for
Payments will be accepted by:
(i) bank transfer or
(ii) credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro);
5. Cancellation
5.1 Under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after the day on which the Contract is concluded with you as notified by the order confirmation email from FutureX. For further details of your rights under the Distance Selling Regulations you can visit your local Citizens’ Advice Bureau or visit the Office of Fair Trading website.
5.2 In addition to your rights under the Distance Selling Regulations, subject to Clauses 5.6 and 5.8, FutureX also offers the following refund policy on its Online Courses:
(a) You can cancel your place any time up to 45 days before the start day of the course. In this case you FutureX will withhold the non-refundable deposit which constitutes 30% of the total amount.
5.3 FutureX may cancel any Online Course at any time prior to its scheduled start date. If FutureX cancels an Online Course prior to its scheduled start date, you will be entitled to a pro rata refund of the Course Fee.
5.4 You may cancel by email, post or telephone.
5.5 You will not be entitled to any refund if you cancel your order at any time after the period of time set out in Clause 5.2(a). Your statutory rights in the event of receiving faulty goods are not affected.
6. Online Course content and Access terms
6.1 The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.
6.2 Except as set out in the description of the Online Course on the Website and/or in any relevant Brochure, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by FutureX.
6.3 Upon receipt of an order confirmation email from FutureX you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you.
6.4 The receipt of an Online Course is personal to you and, unless otherwise agreed by FutureX pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
6.5 You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
6.6 You acknowledge that FutureX operates a zero tolerance policy in relation to inappropriate behaviour. In particular, abusive or violent behaviour directed at FutureX staff, speakers or other cohort members and unfair or dishonest practices will not be tolerated under any circumstances. FutureX may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.
7. Technical Support and Access
7.1 If you are unable to access an Online Course, FutureX will use reasonable endeavours to provide a solution where FutureX has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, FutureX may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
7.2 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
7.3 FutureX will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. FutureX reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
7.4 You also accept and acknowledge that FutureX cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including but not limited to
viruses;
(b) any firewall restrictions that have been placed on your network or the computer
you are using to access the Online Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues.
8. Warranties
8.1 FutureX will provide the Course Materials in accordance with the Online Course
description, which is set out on the Website and/or in any relevant Brochure.
8.2 FutureX expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. FutureX does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).
8.3 FutureX does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
8.4 FutureX does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
8.5 All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
9. Limitation of liability
9.1 The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
9.2 Except as set out in the Online Terms, FutureX shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data.
9.3 FutureX is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online 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 Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
9.4 Save as otherwise set out in this section “Limitation of liability”, FutureX’s maximum aggregate liability to you for any claims that you may have against FutureX for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
9.5 FutureX will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond FutureX’s reasonable control. This condition does not affect your statutory rights.
10. Disclaimer
The Online Courses are for training purposes only. FutureX will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
11. Intellectual Property
11.1 At all times, FutureX, remains the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of FutureX
11.2 In consideration of receipt by FutureX of the entire Course Fee FutureX grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual only.
11.3 Save as expressly set out in the Online Terms or as otherwise agreed by FutureX pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either FutureX’s copyright or FutureX’s other intellectual property rights.
12. Data Protection
12.1 FutureX will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by FutureX of such information in accordance with FutureX privacy policy.
12.2 In the event that you do not wish to receive marketing correspondence from FutureX , a written request or email should be sent to the contact details set out in Clause 15.
13. Changes by Us
13.1 An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.
14. General
14.1 FutureX reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
14.2 FutureX may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you.
14.3 You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by FutureX pursuant to Additional Online Terms and Conditions.
14.4 FutrureX may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
14.5 If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
14.6 Any notices required to be served on you by FutureX under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to FutureX respectively. Any notices required to be served on FutureX by you will be deemed properly served if sent by email or post to the address set out in Clause 15.
14.7 A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
14.8 The Contract between you and FutureX will be concluded in English only.
14.9 The Contract between you and FutureX is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
14.10 The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of Scotland.. You agree to submit to the exclusive jurisdiction of the Scottish courts to settle any disputes which may arise out of or in connection with the Online Terms.
15. Contact us
You can contact us by email at info@futurexinnovation.com or letter at 7/7 Ritchie Place, Edinburgh, EH11 1DT.
