- Terms applying to all users of the QBrains.com website.
Please read these Terms and Conditions of Use ('Terms') carefully before using www.QBrains.com ('the Website'). Additional terms and conditions apply if you register as a member of QBrains.com on this Website (Part B) and if you enroll on a course (Part C). These will be drawn to your attention on registration or enrolment as applicable.
In these Terms, 'we', 'us' and 'QBrains.com' means :
which is the owner of this Website and the QBrains.com trademark and brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website at any time
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 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 QBrains.com.
You accept that you will not have a claim for breach of contract (either against us or your QBrains.com 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:
- any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
- any loss or corruption of data; or
- any indirect or consequential loss.
The exclusions and limitations of liability contained in this section 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.
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.
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 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.
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 applicable law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts.
- Purpose of the Website
The purpose of the Website is to provide individuals and businesses with information on the range of courses, tuitions, products and other services offered by or via QBrains.com.
Please note that the courses advertised on this Website are provided by approved QBrains.com learning providers and by QBrains.com itself.
- Copyright
The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the QBrains.com Copyright Statement.
- Third Party Links
QBrains.com may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of QBrains.com. These third-party links are provided for your convenience only and are accessed at your own risk. QBrains.com is 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.
- 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. The date of the last revision to these Terms is provided at the end of this page. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms.
Part B
- Terms applying if you join QBrains.com as a Member
Please read Part B carefully before registering as a member of QBrains.com via the Website. These Terms govern the process of registering as a member of QBrains.com and the use of the facilities provided to QBrains.com members.
- Registration
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.
We may refuse to accept your application to register as a member of QBrains.com for any reason in its absolute discretion.
- Password
When you register as a member of QBrains.com 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 unauthorized 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 it believes that they are no longer secure.
If you do not log on to QBrains.com. as a member for a period of 90 days or longer your password will expire. To regain access you will need to change your password.
The information that you provide to us upon registration and at any other time is subject to the QBrains.com Privacy Statement.
- Availability of the Website
We use reasonable endeavors to ensure that the Website is available 24 hours a day 7 days a week. We reserve 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 QBrains.com.
- Liability
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 other services provided via the website:
- any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
- any loss or corruption of data; or
- any indirect or consequential loss;
The exclusions and limitations of liability contained in this section 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.
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.
- General
Subject to the terms of any agreement we conclude with you if you enroll on a course via the Website, we reserve the right to withdraw all or part of the Website at any time.
These Terms are governed by and will be construed in accordance with the applicable laws of land. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Courts.
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. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms. If you continue to use the Website or other services provided to members of QBrains.com, you will be deemed to have accepted those changes.
Part C
- Terms applying if you enroll for a QBrains.com Course
These Terms and Conditions ('Terms') apply to the provision of courses advertised on www.QBrains.com (the 'Website'). Please read these Terms carefully before enrolling on a course.
For the purposes of these Terms:
-
'we' and 'us' means the QBrains.com provider who will provide the Services to you. The Services are provided by the Provider and by QBrains.com. When you enroll on a course the QBrains.com provider will be the person from QBrains.com to which you pay your Course Fee.
- 'you' means the learner receiving the Services;
- 'enroll' means the process of enrolling for a course and the term "enrollment" shall be construed accordingly. When you enroll this will involve you completing the relevant application forms;
- '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;
- 'Course Materials' means the materials required to complete the Course; and
- 'Course Fee' means the fee payable for the provision of the Services.
- Provision of the Services
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. If you are already registered as a member of QBrains.com, you can log on using the user name and password which you chose when you registered. If you are not registered as a member of QBrains.com, you will need to do so and obtain a user name and password before you can 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 QBrains.com 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 software 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 software that will enable you to access the Course Materials. If this does not help you should contact QBrains.com, your tutor or the QBrains.com Learner Services helpline, details of which will be on the Website.
Subject to Paragraph 18, 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 and/or Brains.com will resolve your technical problems. If it does not, you may request that the Course Materials be provided in paper or other format where that option applies and the courier charges for the same would be borne by you, or, where you have been unable to access the Course Materials, you may cancel the Services and obtain a refund of the Course Fee in accordance with paragraph 14.
- 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:
- notify the QBrains.com provider that you wish to cancel your enrollment; and
- During those 7 days, you have not accessed the Course Materials or obtained tutorial support.
- 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 QBrains.com when you enrolled.
QBrains.com uses reasonable endeavors to ensure that the Website is available 24 hours a day 7 days a week. QBrains.com 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 QBrains.com.
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 QBrains.com) and we expect you to take reasonable care to verify that the course in question will meet your needs. 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).
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.
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.
- Payment by you of the Course Fee/Sponsorship from the Learning and Skills Council
You agree to pay us the course fee or the service fee for which ever service you are buying from the QBrains.com.
We reserve the right from time to time to change the amount and structure of the 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.
- 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 notifying us in writing by email that you have completed the course and no longer require access to the Services; or
- 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 enroll again.
We reserve the right to stop providing the Services to you immediately in the event that:
- you fail to comply with Section 19 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 or when attending any QBrains.com online tuition session. 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 QBrains.com 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 website contents and our services.
- 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 (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by QBrains.com) 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.
- 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 and services on our website for the sole purpose of non-commercial home, 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 and services provided by our website. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
- Chatrooms, Message Boards
QBrains.com offers chatroom, message board facilities to all learners who have enrolled on a course. This 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, members 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.
QBrains.com provides its chatroom, message board facilities to you free of charge. As a consequence of this QBrains.comdoes not make any guarantee as to the availability, performance or continued provision of these services and reserves the right to modify or to terminate the provision of all or any of these services at any time. QBrains.comalso reserves the right to establish general rules and limits concerning use of its chatroom, message board facilities. We shall notify you via these terms and conditions if we amend any such rules or limits.
You agree that we and QBrains.com have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using our chatroom message board facilities.
You acknowledge that you are solely responsible for any content or other materials that you send or post to the chatroom, message board facilities or any part of the Website and that all message boards are moderated by QBrains.comand thatQBrains.com 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 QBrains.com. You agree not to use the chatroom, message board facilities or any part of the Website:
- for any unlawful purposes;
- to transmit or communicate any material which is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful (particularly to minors), an invasion of privacy, defamatory, libelous, vulgar or otherwise objectionable;
- to transmit or communicate any material which infringes our or any other person's copyrights, trade marks, patents, moral rights or other intellectual property rights of any nature;
- 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;
- to transmit or communicate any material which is likely to have a detrimental effect on our or any other person's reputation;
- to transmit or communicate any unsolicited or unauthorized materials, chain letters, junk mail or spam;
- to transmit any material which is likely to cause harm to QBrains.com 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;
- to impersonate or falsely state or misrepresent your association with any entity or person including without limitation QBrains.com tutors, members or other learners;
- to obtain, collect or store any personal data about any visitors, members or learners of the Website;
- to transmit applications which make excessive demands on bandwidth;
If you post any comments or content on the Website you grant QBrains.com and the provider a non-exclusive royalty free perpetual irrevocable right and license 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 authorize 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.
- Removal of content and response to complaints
In the event that you send any content that breaches the provisions of the above paragraph, QBrains.com 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.QBrains.com will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms.
QBrains.com 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.
- General
These Terms are governed by and shall be construed in accordance with laws of the land. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the 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 QBrains.com). 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.
Any dispute arising from any of the transactions on this website would be resolved within the jurisdiction of Pune court.
Last Updated : 06 July 2006