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SHEILDS LEARNER AGREEMENT

SHEilds are a world leading health & safety training institute, delivering the best courses and qualifications from globally respected awarding bodies to the highest standards.

We pride ourselves in understanding the knowledge given to our students saves lives and could save yours!

Looking at things this way… YOU’RE training to be a SUPERHERO!

That is why we put great importance on our Students taking responsibility for their studies, we provide the material and support which offers the knowledge; however, this is pointless unless you apply yourself to the course.

Those wishing to enrol as a SHEilds student candidate are required to read and agree with our policies and terms and conditions. This is to show complete transparency in our mutual expectations, and by doing so our students are committing to our rules which are:

1. You take full responsibility for your own learning and engage fully in your chosen program by creating a study plan, commit your time and concentration during your scheduled study and hold yourself accountable for your commitment.    
2. Have a positive attitude to your study by ensuring good organisation of your note’s files and assignments.    
3. Ensure that you catch up on any missed study, complete and submit assignments on time.    
4. Give priorities to your studies, avoid booking distractions during your learning schedule.    
5. Ensure all work, which you submit for assessment, is your own.    
6. Treat everyone with courtesy and respect, ensure you follow SHEilds equality and diversity policy.    
7. When attending a venue (such as an examination or classroom), follow all instructions and ensure you show consideration and respect for your neighbours including when driving and parking around the facility.    
8. Do not copy and distribute SHEilds course material.    
9. Do not take any action that could bring SHEilds into disrepute.    
10. If you need help, have concerns or don’t understand something - ask us.

In return SHEilds agree to abide by our terms and conditions and follow the following rules:

1. Respect our student’s privacy in line with UK GDPR guidelines.    
2. Act in a professional manner and respect our Students, partners and each other.    
3. Maintain the course content, ensuring it surpasses the guidelines set by the awarding body.    
4. Ensure our online platform exceeds our minimum delivery standards.    
5. Course data is backed up off site and secured.    
6. Maintain our QMS ISO 9001:2015 status.    
7. Our team will surpass the minimum requirements set by the awarding bodies and follow a regular CPD system to ensure skills and knowledge are current.    
8. Offer assistance where possible should a learner be disadvantaged gaining their qualification.    
9. Continually look for new and innovative ways to ensure our methods, platform and material give our Students the best opportunity.    
10. We are here to help our Students.    

By agreeing to the above, the candidate accepts SHEilds terms and conditions and policies and agrees to follow the rules set out in this document. Please review the entire document before signing.

TERMS & CONDITIONS

Please ensure You read SHEilds terms and conditions thoroughly as it governs Your use of SHEilds Ltd services and limits our liability to You. by enrolling onto a SHEilds course You are deemed to have accepted the terms and conditions outlined in this document.

Contents

1. Definitions    
2. Scope of Terms and Conditions    
3. Payment of Fees    
4. Enrolment, Transfer and Cancellation    
5. Programme of study    
6. Eligibility for Study    
7. Assessments & Reasonable Adjustments    
8. NEBOSH Assessments for registration    
9. Limitation of Liability of SHEilds Ltd    
10. Memberships    
11. Terminating your qualification    
12. Physical and or verbal Abuse    
13. Intellectual Property Rights (IPR)    
14. Data Protection Legislation    
15. Confidential Information    
16. Miscellaneous    
17. Further information    
18. Statutory Rights    
19. Complaints Procedure    
20. NEBOSH Complaints    
21. City & Guilds Complaints    
22. ProQual Complaints

1. Definitions

1.1 In these Conditions the following terms shall have the following meaning:-

Accredited Course Provider means SHEilds Ltd    
Application Form means the form submitted by You to SHEilds Ltd when You apply to enrol or register for a Qualification or Assessment with SHEilds Ltd;    
Conditions means these SHEilds Ltd General Terms and Conditions for Students;    
Data Protection Legislation means all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).

Data Subject means an individual who is the subject of Personal Data.

Enrolment Fee means the fee payable by You when You apply to become a student/candidate of SHEilds Ltd;    
Guide(s) means the guides issued by an “Awarding Body” from time to time in respect of SHEilds Ltd Qualification’s

IOSH means the Institution of Occupational Safety and Health. IOSH Services Limited company registration number 1816826. Address: The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1NN    
Malpractice Policy means the latest policy relating to malpractice, which may from time to time be amended;    
NEBOSH means the National Examination Board in Occupational Safety and Health (a company limited by guarantee under company number 2698100) address: Dominus Way, Meridian Business Park, Leicester, LE19 1QW;    
Assessment these are assessments of practical units and/or examinations which contribute towards Your final qualification;    
Personal Data has the meaning given to it in the Data Protection Legislation

Policies means the policies of SHEilds Ltd and Awarding Bodies as amended, updated or added to from time to time.    
Registration Fee means the fee payable by You when You register to undertake a specific Qualification/Assessment with SHEilds Ltd    
Scripts means the document containing Your answers to Assessments;    
Awarding Body means NEBOSH, IOSH or other organisation providing accreditation for Qualification’s to SHEilds Ltd;    
You or Your refers to You, the student or prospective student for SHEilds Ltd Qualification’s;

2. Scope of Terms and Conditions

2.1 These Conditions govern Your relationship with SHEilds Ltd and the Awarding Body and will come into force immediately when You apply for any registration or enrolment with SHEilds Ltd. For the avoidance of any doubt Awarding Bodies are not responsible for the provision of teaching, tutorial or other such services at any venue or centre.    
2.2 Pursuant to clause 2.1 these Conditions set out the basic obligations of SHEilds Ltd and Your obligations and responsibilities which include but are not limited to fees and payments.    
2.3 When You enrol upon a programme of study for Your Qualification’s Your contract for that programme of study is with SHEilds Ltd. The Awarding Body is not a party to this contract.    
2.4 SHEilds Ltd’ employees or agents are not authorised to make any representations concerning the services unless confirmed by us in writing. In entering into any contract or agreement with us, you acknowledge that you do not rely on, and waive any claim for breach of, any such representations, which are not so confirmed.    
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by SHEilds Ltd shall be subject to correction without any liability on its part.    
2.6 Where any hardware or software supplied under the agreement is subject to any statutory controls (including controls imposed by the state of origin of the hardware or software), intellectual property rights, or where any software supplied under the contract is subject to any licence agreement, you agree that you will comply with, and not breach, the terms of any such controls, rights or agreement, and that you will indemnify us against any non-compliance or breach, including any non-compliance or breach by any person into whose hands the hardware or software may pass after delivery to you.

3. Payment of Fees

3.1 SHEilds Ltd fees are subject to UK VAT. Any reference to fees includes a reference to the UK VAT due in addition.    
3.2 SHEilds Ltd course fees exclude examination registration, exam booking fees and sitting fees unless specified.    
3.3 The full fee, the minimum deposit or an official purchase order must accompany Your purchase or application for the programme. Where a purchase order is received, the invoiced fees are payable within 30 days. Any company sponsoring an applicant is responsible for the fees in all circumstances.    
3.4 You may also be liable for further additional fees (including but not limited to a fee for reviewing marks, missed closing interview appointments, registration fees, exam booking fees, renewal fees and additional administration fees) which may not be set out in Your contract with SHEilds Ltd or the Awarding Body.    
3.5 Charges made by your bank for payment/s are your responsibility and must be paid by you. If this fee is deducted from the amount paid to SHEilds we will invoice you for this amount which then needs to be paid in full.    
3.6 Payments accepted include credit/debit card, bank transfer or cheque subject to bank charges, PayPal.    
3.7 All exam fees including exam booking fees paid expire after 12 months if not used. Please ensure your chosen exam date falls within your agreed enrolment access period (usually 1 year). Choosing a date outside of this period, may result in cancellation of your exam booking. Students who are not enrolled with SHEilds, do not have an active course or have an outstanding balance owing with SHEilds are not permitted to book examinations.    
3.8 Duologi Finance is not owned or operated by SHEilds Ltd.    
3.9 SHEilds Ltd may refuse an application for a Payment Plan without reason.    
3.10 The balance of Your account must be cleared in full, prior to You registering for examinations.    
3.11 Your course advisor will agree Your Payment Plan with You, Prior to the commencement of Your qualification.    
3.12 Failure to maintain Your agreed payment will result in Your course access to be suspended.    
3.13 Should your course access be suspended Your account will accrue a £20+VAT per month admin charges.    
3.14 Part of the OBE examination is the requirement to have a closing interview after your examination has been completed, as a means of verifying you undertook the exam yourself. This is a regulation set by NEBOSH, the awarding body. You will be invited to book a closing interview at a time that is convenient to you, using our tutor availability calendar, you will be sent the link following submission of your examination. If you have not completed your interview during the period which will be outlined, your name will be sent to NEBOSH as a non-attendee, and this will result in your exam result being withheld in line with their terms for course completion. Your first booking will be free of charge, should you fail to attend your confirmed interview slot further bookings will incur a charge of £50 plus UK vat.

4. Enrolment, Transfer, Deferment and Cancellation

4.1 By enrolling for a qualification with SHEilds Ltd (whether You apply directly or whether a third party applies on Your behalf) You accept these Conditions.    
4.2 You shall be responsible to us for ensuring the accuracy of the terms of any application submitted by you within a sufficient time to enable us to perform the services in accordance with the contract and these terms and conditions.    
4.3 Your enrolment with SHEilds Ltd will only be effective if and when SHEilds Ltd sends to You its official enrolment receipt and SHEilds Ltd has received in full the Enrolment Fee and (if applicable) any other fee specified by it.    
4.4 You are expected to provide a copy of your photographic ID to SHEilds within 7 days of enrolment. If this hasn’t been received within the 7 days, SHEilds Ltd will temporarily suspend account access until the ID has been received.    
4.5 When enrolling for a qualification You are agreeing to abide by the regulations for that qualification, as set out by the Awarding Bodies to that qualification.    
4.6 Qualifications, in part or whole, cannot be transferred to another party.    
4.7 You have fourteen days from the date of purchase to cancel Your course (“Cooling Off Period”) and request a refund. Requests for refunds must be made in writing to: success@sheilds.org.    
4.8 No refunds will be offered to You for part or fully completed courses.    
4.9 No refunds will be offered to You if any of your course material has been accessed or downloaded.    
4.10 Classroom courses must be taken within 1 year from the deposit being paid. If the classroom course has not been taken in this period, the course will be cancelled, and the deposit will not be refunded.    
4.11 SHEilds will enrol students undertaking the NEBOSH National or International Diploma in Occupational Health & Safety qualification, with NEBOSH for a period not exceeding 5 years. This does not affect your eLearning course access duration as stipulated in SHEilds marketing material.    
4.12 Should you cancel your course after the fourteen-day cooling off period, you are liable to pay the full amount of your course purchased.    
4.13 Any fees incurred by SHEilds including but not limited to registrations and examinations will be deducted from any refunds offered.    
4.14 Deferring your entry: Tuition fees set out in your offer are based on the start date shown in your offer. However, if you defer your entry, your tuition fees may be more than is stated in your offer, and you should contact the Admissions Office for more information. SHEilds Ltd reserves the right not to offer deferment of any course access or examination. Any offer of deferment is only valid if made in writing. If your entry is deferred, please note that the course and/or its modules, course requirements, tutor services and facilities as currently described in the course brochure or on our website may change. Please keep referring to the relevant page of the Qualifications section of the website at: www.sheilds.org where up to date information will be published as soon as it is available.

5. Programme of Study

5.1 The qualification material supplied to You at the start of Your programme is written to meet the requirements of the published syllabus at that time. These materials, when used in conjunction with any supplementary materials provided during Your period of study and the tutorial support, provide all the information required for successful completion of Your programme.    
5.2 Each enrolment is for a single user only. On registration, You will be allocated a user name and password (“ID”). You are responsible for all use of the Services using Your ID and for preventing unauthorised use of Your ID.    
5.3 The price quoted to You or stated within our brochures and or website(s) is correct at the time of publication and is subject to change at any time.    
5.4 Over the period of Your programme You will have access to Your course tutor by email, forums, letter and telephone during normal UK working hours from SHEilds Ltd.    
5.5 Your course access shall not exceed 12 months from the date of purchase.    
5.6 SHEilds Ltd accepts no responsibility for changes to the availability or syllabus content of the accredited courses as set by the Awarding Body. Should Your syllabus be phased out, at any time during Your study or assessment period, we can only extend this to the last available date for which Your course is valid. Students wishing to transfer to a new syllabus will incur a charge for this as deemed appropriate by us. In the event of changes to the syllabus and assessment criteria, we reserve the right to alter the content or structure of a course without prior notice being given to You.
5.7 Our e-learning platform necessitates a contemporary device paired with an up-to-date web browser compliant with W3C standards. We advise an average Internet speed of at least 20Mbps (2.5 MB/s) for satisfactory performance, while 50Mbps (6.25 MB/s) or higher is recommended for optimal usage. It's important to acknowledge that our platform is crafted to suit general web browsing requirements and supports diverse device types; however, complete compatibility cannot be assured.

6. Eligibility for study

6.1 All SHEilds Ltd Qualifications are delivered and examined in English (unless specified in the advertised course description).    
6.2 Should English not be Your first language, it is Your responsibility to ensure that Your proficiency in both written and oral English is of a sufficient standard to enable You to meet the demands of both Your studies and the examination(s).    
6.3 The official title of any Qualification which includes the word “National” is based upon UK legislation and is not designed for non-UK based applications.    
6.4 The official title of any Qualification which includes the word “International” is based upon no specific Country’s legislation but is however based on international codes of best practice designed for International applications.    
6.5 SHEilds Ltd has the right to refuse examination registration for any students that do not meet SHEilds’ criteria.

7. Assessments and Reasonable Adjustments

7.1 Scope and meaning of 'reasonable adjustments'.

Reasonable adjustments are agreed before an assessment takes place. The Equality Act 2010 requires NEBOSH to make reasonable adjustments where a candidate, who is disabled, would be at a substantial disadvantage in comparison to someone who is not disabled. Section 6 of the Equality Act defines disability as a 'physical or mental impairment which has a substantial effect on someone's ability to carry out normal day-to-day activities'. NEBOSH is required to take reasonable steps to overcome that disadvantage. An example would be a Braille paper, which would be a reasonable adjustment for a visually impaired person who could read Braille.

A reasonable adjustment may be unique to an individual and what is appropriate for one individual may not be suitable for another individual.

The application of a reasonable adjustment will depend on a number of factors that will include the needs of the candidate, the effectiveness of the adjustment, its cost and its likely impact on the candidate and other candidates.

An adjustment will not be approved if it involves unreasonable costs, timeframes or affects the security or integrity of the assessment. This is because the adjustment is not "reasonable".

Reasonable adjustments must not give the candidate an unfair advantage over other candidates carrying out the same or similar assessment.

Some adjustments may not be possible for some qualifications. For example, it is not possible to adjust the assessment standards, where to do so, would mean that the outcome did not provide a reliable indicator of the knowledge, skills and understanding of the candidate.

Adjustments must not put in jeopardy the health and well-being of the candidate or any other person

7.2 It is Your responsibility to ensure You have registered for the appropriate examination, date and venue. SHEilds Ltd cannot be held responsible for mistakes.    
7.3 SHEilds Ltd Assessment closing dates are set independently of the Awarding Body.    
7.4 For assessment registrations received after SHEilds Ltd closing date, SHEilds Ltd reserve the right to refuse acceptance of Your application.    
7.5 Where SHEilds Ltd accept late assessment registrations, an additional charge will apply.    
7.6 You have the right to apply for reasonable adjustment should You feel You will be at a disadvantage during Your Assessment.    
7.7 Your application for reasonable adjustment must be accompanied by substantiated evidence of Your disadvantage.    
7.8 Your application for reasonable adjustment must be sent to; email: exams@sheilds.org or SHEilds Ltd, West Court, Hesslewood Hall, Ferriby Road, Hessle, HU13 0LH, UK and must be received by SHEilds Ltd prior to Your selected examination registration closing date.    
7.9 Additional charges may be incurred by You for the implementation of reasonable adjustments.

8. NEBOSH Assessments for registration

8.1 When registering for assessment to a qualification You are agreeing to abide by the regulations for that assessment, as set out in the NEBOSH “Guide” to that qualification.
8.2 NEBOSH exam registration fees are specified by NEBOSH and are subject to change determined by the awarding body. Exam fees are charged at the NEBOSH rate, however each booking incurs an exam booking fee of 2% (+VAT where applicable).    
8.3 Refund of fees will be made in respect of cancelled registrations only where corroborated by a medical certificate or doctor’s note relating to the inability of the candidate to sit the examination(s) through illness. In such cases the fee will be refunded less a deduction of 30% to cover administration costs. Refunds will not be made in respect of any additional costs incurred by the candidate. Exam booking fees payable at 2% (plus vat where applicable) are non refundable. All claims for refunds must be made no later than one calendar month following the examination(s).    
8.4 Registration fees and exam booking fees are not transferable to alternative examinations or later examination sittings, or between candidates.

9. Limitation of Liability for SHEilds Ltd

9.1 SHEilds Ltd excludes liability for:    
9.1.1 Any loss of data , corruption of data, loss or corruption of e-mail, hardware or software malfunction, corruption or failure or non-functioning or mis-function of any specific or non-specific data or program.    
9.1.2 Any damage or loss to property unless triggered by the neglect of SHEilds Ltd or its employees.    
9.1.3 Any loss of profit and or loss of earnings, loss of opportunity or loss of living expenses or any other indirect or consequential loss suffered by You due to the breach by SHEilds Ltd of any obligation to You or due to any other act or omission or negligence of SHEilds Ltd or its employees or agents, whether in contract or tort.    
9.2 SHEilds Ltd shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the services, if the delay or failure was due to any cause beyond its reasonable control, including but not limited to:

(a) act of God, explosion, flood, tempest, fire or accident;

(b) war or threat of war, sabotage, insurrection, civil disturbance or requisitions;

(c) acts, restrictions, by-laws, prohibitions or measures of any kind on the governmental, parliamentary or local authority;

(d) import or export regulations or embargoes;

(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party);

(f) power or equipment failure.

9.3 SHEilds Ltd shall have no liability to You should its website be unavailable to access at any time or fails to perform within usual parameters or at all. SHEilds Ltd does not guarantee that its website is free from viruses and will be uninterrupted or error free.    
9.4 Whilst SHEilds makes every effort to accurately represent the courses that are available and hopes to help You to increase Your potential, you should undertake Your own due diligence before making any decision to enrol and no promise or guarantee is given that by enrolling in our courses this will improve your success in the future. Your success will depend upon many factors over which it has no control including Your skill set, motivation and level of effort.    
9.5 In the event of any liability falling on SHEilds that has not been excluded, its maximum liability for any one claim or for the total of all claims arising from any one act or default of SHEilds Limited in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of its contract with You shall be limited [an amount equivalent to the amount paid in fees paid by You to it within the previous six months.

10. Memberships

10.1 The memberships which are advertised as being available upon completion of SHEilds Ltd courses are not guaranteed and are subject to the individual applying and being accepted by the membership body.    
10.2 Applying for memberships with awarding bodies may incur additional fees which are for the Candidates own account.    
10.3 All memberships are subject to acceptance by the applicable institutes, some of which at given levels may also require some practical experience in addition to the Qualifications.    
10.4 The level of membership offered is at the discretion of the applicable institute at all times.    
10.5 Progression from CertIOSH to CMIOSH is through an internal IPD scheme.

11. Termination

11.1 SHEilds Ltd may terminate Your enrolment or registration at any time by written notice in the event of any of the following:

11.1.1 You breach any of these Conditions or any other terms and conditions contained in any letter confirming Your enrolment or in any documents or Policies issued by SHEilds Ltd or the Awarding Body at any time; or    
11.1.2 You fail to pay any fees due to SHEilds Ltd; or    
11.1.3 You have given any false or misleading information to SHEilds Ltd, whether directly, through a third party or otherwise; or    
11.1.4 You do not meet all of the administrative or academic requirements specified in the Guides issued by the Awarding Body; or    
11.1.5 Any of the instances set out in clause 12 below occur; or    
11.1.6 You are involved in any malpractice pursuant to the Awarding Bodies Malpractice Policy.    
11.2 Should SHEilds Ltd terminate Your learning programme it shall not be responsible to make any refund of any sums previously paid by you.

12. Physical and or verbal Abuse

SHEilds Ltd will not tolerate verbal or physical abuse of its employees or agents.

Any such incident of abuse may lead to:

a) restriction of communications with You to a specified means e.g. via letter or email only or

b) in cases which SHEilds Ltd, at its sole discretion, considers to be serious or in repeated cases of physical or verbal abuse, termination of enrolment and / or registration with SHEilds Ltd and the Awarding Body, and / or exclusion from future enrolment or registration with SHEilds Ltd and the Awarding Body.

13. Intellectual Property Rights (IPR)

13.1 All copyright and other intellectual property rights in Course material purchased from SHEilds Ltd shall remain vested in SHEilds Ltd and such materials may not be reproduced/copied/distributed in any way without the prior written consent of SHEilds Ltd or as required by law.    
13.2 If You access SHEilds Ltd website, You must do so only subject to SHEilds Ltd terms of use on its website. You are responsible for keeping secure Your password and student personal identification number and You agree not to disclose it to any third party.

14. Data Protection Legislation.

14.1 To the extent that SHEilds Ltd processes Personal Data disclosed by You, it warrants that:

a) it will only use that information as set out in this clause;

b) it has in place appropriate security measures (both technical and organisational) against unlawful or unauthorised processing of that Personal Data and against loss or corruption of that Personal Data; and

c) it will not transfer or permit the transfer of that Personal Data outside the EEA without Your prior written consent, except as provided in condition 14.4.

14.2 SHEilds Ltd shall follow appropriate back up procedures for Personal Data. In the event of any loss or damage to Personal Data, Your sole and exclusive remedy shall be for SHEilds Ltd to use reasonable commercial endeavours to restore the lost or damaged Personal Data from the latest back-up of such Personal Data maintained by it. SHEilds Ltd shall not be responsible for any loss, destruction, alteration or disclosure of Personal Data caused by any third party.    
14.3 SHEilds Ltd will hold personal information/Personal Data about You as set out in this clause and in SHEilds Ltd’ Privacy Policy which follows, and will use the information as follows:

14.3.1 To process Your applications to SHEilds Ltd and administer Your enrolment and registration for Awarding Body Assessments.    
14.3.2 To respond to requests from employers or employment agencies by providing verification or otherwise of information provided by You to employers or employment agencies of Qualification’s gained through SHEilds Ltd You hold in connection with applications for employment.    
14.3.3 To respond to queries raised by You or the Awarding Body.    
14.3.4 To deal with any disciplinary matters in respect to You.    
14.3.5 To recover any monies owed by You to SHEilds Ltd.    
14.3.6 To administer SHEilds Ltd policies.    
14.3.7 To notify You of Your Awarding Bodies Assessments results.    
14.3.8 To liaise with the Awarding Body and exchange information relating to You.    
14.3.9 To make You aware of services SHEilds Ltd and other similar organisations can offer including information on current and future courses and Qualification’s unless You have notified us that You have opted out of receiving such information.    
14.3.10 To carry out research to help SHEilds Ltd to improve and plan its Qualification’s.    
14.3.11 For research purposes (in which case Your details will be anonymous); and    
14.3.12 As otherwise permitted by the Data Protection Legislation.    
14.4 If You are studying outside the European Economic Area SHEilds Ltd may need to transfer Your personal information to the course providers with whom You have enrolled outside the European Economic Area to use Your information so that services intended by these Conditions can be provided to You. Countries outside the European Economic Area may not give the same level of protection to Your personal data as is available in the European Economic Area. By enrolling with SHEilds Ltd where You are studying outside the European Economic Union You explicitly consent to such transfer of Your personal information.    
14.5 You hereby consent to SHEilds Ltd emailing Your results to You if it so decides.    
14.6 You hereby consent to SHEilds Ltd featuring Your results on its website.    
14.7 You hereby consent to SHEilds Ltd confirming your results with external 3 ^rd parties.    
14.8 You consent to SHEilds Ltd destroying or otherwise disposing of any of the Personal Data in its possession unless the Provider receives, no later than ten days after the effective date of the termination of this agreement, a written request for the delivery to the Customer of the then most recent back-up of the Customer Data. The Provider shall use reasonable commercial endeavours to deliver the back-up to the Customer within 30 days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Customer shall pay all reasonable expenses incurred by the Provider in returning or disposing of Customer Data.

15. Confidential Information

15.1 The parties will hold in confidence all confidential information received from each other and not divulge the confidential information to any person, including any of its employees, save for employees directly involved with the execution of this agreement.    
15.2 The parties will prevent disclosure of the confidential information, except as may be required by law.    
15.3 It is recorded that the following information will, for the purpose of this agreement, not be considered to be confidential information:

15.3.1 Information known to either of the parties prior to the date that it was received from the other party; or    
15.3.2 Information known to the public or generally available to the public prior to the date that if was disclosed by either of the parties to the other; or    
15.3.3 Information which becomes known to the public or becomes generally available to the public subsequent to the date that it was disclosed by either of the parties to the other, through no act or failure to act on the part of the recipient of such information; or    
15.3.4 Information which either of the parties, in writing, authorises the other to disclose.

16. Miscellaneous

16.1 Failure by SHEilds Ltd to enforce strict compliance with these Conditions by You shall not be considered to be a waiver of any provisions of these Conditions. No waiver by SHEilds Ltd of any breach by You of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.    
16.2 SHEilds Ltd will post parchments/certificates by standard royal mail (unless recorded delivery is requested and paid for by You), SHEilds accept no responsibility for non-delivery of items posted.    
16.3 If any provision of these Conditions is invalid or unenforceable in whole or in part; the validity of the other provisions of these conditions and the remainder of the provision in question, shall not be affected.    
16.4 A person who is not a party to the contract governed by these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted to an Accredited Course Provider further to these Conditions but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.    
16.5 The contract governed by these Conditions shall be governed by and interpreted in accordance with English Law and the parties agree to submit to the non-exclusive jurisdiction of the English Courts.

17. Further Information

17.1 By enrolling onto a SHEilds Ltd course You agree to accept our stakeholders terms and conditions which can be found on their websites by following the below links:

a) ProQual

b) NEBOSH

c) IOSH

d) City & Guilds

17.2 SHEilds Ltd are a registered UK company, Company Registration: 4623681.    
17.3 SHEilds Ltd are VAT registered in England. UK VAT No: 808 9498 75.    
17.4 SHEilds Ltd registered UK Head Office address: SHEilds, West Court, Hesslewood Hall, Ferriby Road, Hessle, HU13 0LH, UK.    
17.5 SHEilds Ltd registered UK Head Office telephone number: +44 (0) 1482 806 805.    
17.6 SHEilds Ltd registered UK Head Office main email address: success@sheilds.org.    
17.7 SHEilds Ltd registered Website: http://www.sheilds.org.

18. Statutory Rights

18.1 These Conditions shall not affect Your statutory rights as a consumer.

19. Complaints Procedure

19.1 If you have a complaint relating to any aspect of your course, please raise with SHEilds Ltd by emailing complaints@sheilds.org to allow us to investigate under the SHEilds complaints procedure, to resolve the issue. Should you require a copy of SHEilds complaints procedure, please make a request by email.

20. NEBOSH Complaints

If you remain dissatisfied with our response, you can escalate your complaint to NEBOSH by emailing complaints@nebosh.org.uk or by writing to:    

Customer Enquiry Team Leader,
NEBOSH,
Dominus Way,
Meridian Business Park,
Leicester,
LE19 1QW

NEBOSH will acknowledge the complaint in writing in 10 working days. All complaints will be resolved, and a written response provided within 25 working days.

If the qualification is accredited by the SQA and the assessment took place in the UK, you may also seek regulatory advice from the SQA.

Complaints to the SQA can be made by calling 0345 213 5249, by emailing accreditation@sqa.org.uk or by writing to:    

Senior Regulation Manager
SQA Accreditation
The Optima Building,
58 Robertson Street,
Glasgow,
G2 8DQ

SQA aims to provide acknowledgement within 5 working days and provide a considered response within 21 working days of receiving the complaint.

21. City & Guilds Complaints

For City and Guilds Students who wish to Appeal against a decision or complain on the outcome of a decision once they have exhausted the SHEilds complaints procedure can take their case to City and Guilds.

The City and Guilds Centre Manual can be found on the City and Guilds website: www.cityandguilds.com

22. For ProQual Complaints

For ProQual Students who wish to Appeal against a decision or complain on the outcome of a decision once they have exhausted the SHEilds complaints procedure can take their case to ProQual.

For full details contact ProQual on www.proqual.com

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TERMS APPLICABLE TO STUDENTS ENROLLING THROUGH SHEilds SOUTH AFRICA PTY LTD (“SA Conditions”)

PLEASE NOTE PARA 4 – IMPORTANT OBLIGATIONS

Definitions: We/Us = SHEilds South Africa Pty Ltd

1 Students who have enrolled through SHEilds South Africa Pty Ltd (“SA Students”) agree that the following local terms and conditions SHALL APPLY in addition to the SHEilds Ltd Terms and Conditions and that wherever the Terms and Conditions conflict with each other, then for all SA Students or prospective SA Students these SA Conditions shall prevail.

2 In relation to the SHEilds Limited Terms and Conditions those terms shall apply with the substitution of SA Students and to SHEilds South Africa Pty Ltd (“SHEilds SA”) wherever necessary instead of SHEilds Limited and students in order to fit the context.

3 These SA Conditions, together with any other terms and conditions contained on the website www.sheilds.org, any quotation, invoice and application form (jointly referred to as “the agreements”) are the terms and conditions by which SHEilds Limited will provide and you will receive any or all of the services provided by us. Each application form and any quotations, invoices and receipts submitted, accepted and/or executed by either party in writing or electronically shall be subject to these SA Conditions in addition to any other terms or conditions set out in them.

4 For the purposes of the agreements, Electronic Signature will have the meaning ascribed to it in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). By accepting this agreement through pressing the “I accept” button, or by any other means, you are signing this agreement electronically. You agree that the Electronic Signature is the legal equivalent of your manual authorised signature on this agreement. By accepting this agreement aforesaid, you consent to be legally bound by this agreement’s terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature, acceptance and agreement as if actually signed by you in writing. You further agree that no certification authority or other third-party verification is necessary to validate your Electronic Signature and that the lack of such certification of third-party verification will not in any way affect the enforceability of your Electronic Signature or any resulting contract between us and you.

The person accepting these terms represents and warrants that he/she is authorised to enter into this agreement for all persons who are authorised to access your accounts and that such persons will be bound by the terms of this agreement. It is recommended that you print a copy of this agreement for future reference.

5. Payment terms are strictly as contained on the relevant invoice or statement. All payments will be made in Z.A.R. Rands without exchange or deduction, free of demand or set-off. Notwithstanding anything to the contrary in the agreements, we expressly reserve the right to alter, change or amend our billing practices including prices and payment facilities in our sole discretion.

6. If any payment is not received on the due or before the due date or such other date as agreed to in writing (“payment default”), then your account will be suspended. We reserve the right to charge a R250-00 re-activation fee that you will be liable for in the event of the re-activation of a suspended account. In the event of a continuous payment default or a third default payment, we may immediately institute legal action against you, subject to the terms of the agreements and permissible interest in terms of legislation as amended from time to time may be claimed. You shall also pay to us all expenses incurred by us in exercising any of our rights under the agreements or applicable law with respect to a payment default or other breach by you, including but not limited to attorneys fees on an attorney own client scale, permissible collection charges and costs and the fees of any collection agency retained by us.

7. You will not be allowed to write any examinations if any amounts due to us are in arrears.

8. Cooling off period: you may cancel your application within 14 calendar days from submitting your application, in writing, without penalty. If your application is lawfully cancelled in terms of this clause then any deposit you might have paid will be refunded to you. If you cancel your application outside the cooling off period, then you will remain liable for the full tuition fee. No refunds of any deposit or tuition fee will be refunded if the application is cancelled at any time before the qualification is obtained.

9. Deferring your entry: Tuition fees set out in your offer are based on the start date shown in your offer. However, if you defer your entry, your tuition fees may be more than is stated in your offer, and you should contact the Admissions Office for more information. SHEilds SA reserves the right not to offer deferment of any course access or examination. Any offer of deferment by us is only valid if made in writing. If your entry is deferred, please note that the course and/or its modules, course requirements, tutor services and facilities as currently described in the course brochure or on our website may change. Please keep referring to the relevant page of the Qualifications section of the website at: www.sheilds.org where up to date information will be published as soon as it is available.

10. We are a registered VAT Vendor and all payments due to us shall include permissible VAT as amended from time to time.

11. The agreements, especially this agreement concluded between the parties is not a credit agreement/facility in that we did not undertake to defer your obligation to pay any part of the cost of the services rendered or to repay to us any part of an amount in respect of the services rendered, nor did the parties agree that any charges, fee or interest would be claimed in respect of any amount owing, and therefore the National Credit Act No. 34 of 2005 (“NCA”) is not applicable to the agreements.

12. To the extent that this agreement is subject to the NCA then, if any provision of this agreement which conflicts with any provision of the NCA, the provision of the NCA will apply. To the extent that this agreement is subject to the Consumer Protection Act (“CPA”) then, if any provision of this agreement which conflicts with any provision of the CPA, the provision of the CPA will apply.

13. You hereby acknowledge and agree that we may perform a credit search on your credit record with any registered Credit Bureau and monitor your payment behaviour by researching your credit record at any registered Credit Bureau and use new information and data obtained from any Credit Bureau in respect of your future payment terms.

14. These SA Conditions shall apply solely to the courses selected by you on the application form and any additional services accepted by us. Any services not selected, or any services not listed in the application form, or that fail to meet the requirements of the SA Conditions shall not be accepted by us and shall not be within the scope of our responsibilities under the agreements.

15. Without limiting the foregoing, you acknowledge that we are not providing any investment advice or financial service or insurance advice or retirement advice or securities service to you and that you are responsible for the management, decision making and investment of your assets and business. We are not a Financial Institution as defined in the Financial Services Board Act No. 97 of 1990. We are not an Authorised Financial Services Provider and we do not render “advice” as defined in the Financial Advisory and Intermediary Services Act No. 37 of 2002.

16. You warrant that the information provided by you on the application form and the agreements are correct in all respects.

17. You warrant that there has been no unfair discrimination against you in any way whatsoever in the conclusion of the agreements and you have entered into the agreements of your own free will without any undue influence by us.

18. We reserve the right to employ subcontractors or agents to act for us. Where we employ independent third parties to perform all or any of the functions required of us, we will have no responsibility or liability to you for any acts or omissions of such third parties, even although we may be responsible for the payment of their charges. However, if we are suitably indemnified against all costs (including attorney and own-client costs), We will take such action against the third party concerned on your behalf as you may direct.

19. No application submitted by you shall be deemed to be accepted by us unless and until confirmed in writing by us.

20. TERMINATION: In addition to any other rights we may have under the agreements or applicable law, we may immediately terminate this agreement or suspend services at our sole discretion, effective with or without notice, in the event of (i) payment default, or (ii) your breach or failure to comply with any other obligation under the agreements. You may terminate this agreement if we breach any material term or condition of the agreement and fail to cure such breach within ten (10) business days after receipt of written notice of same. If the agreements are terminated by us under this clause all remaining monthly recurring and other charges specified on the applicable application form or outstanding invoices shall immediately become due, owing and payable. We reserve the right to after termination in terms of this clause, institute legal action if necessary for the recovery of any arrears fees and disbursements or damages.

21. (a) you represent and warrant that: (i) you are at least eighteen (18) years of age; (ii) you possess the legal right and ability to enter into the agreements, (iii) all information submitted on the application form is correct in every respect, and (iv) the performance of your obligations will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with our other customer’s use of our services, you assume all risks related to processing of transactions related to electronic commerce. (b) In the event of any breach of any of the aforegoing warranties, in addition to any other remedies available at law or in equity, we will have the right, in our sole discretion, to suspend or terminate immediately any services.

22. In addition and subject to any indemnities contained in the agreements, you agree to indemnify and hold us harmless against any losses, costs, expenses, claims, damages, liabilities, penalties, actions, proceedings or judgments, resulting from any claim, suit, action, application or any proceeding brought by any third party against you related to or arising out of the agreements or the use of the services, provided that we or our employees, agents, representatives have not been negligent or committed any willful act or omission.

23. In terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944, you consent to the jurisdiction of the Magistrate’s Court otherwise having jurisdiction in respect of any action to be instituted against you in terms hereof irrespective of the amount of any claim. It shall nevertheless be entirely within our discretion as to whether to proceed against you in such Magistrate’s Court or any other court having jurisdiction.

24. We may provide a certificate from any manager, whose position it will not be necessary to prove, showing the amount that is due to us. It is agreed that we may take any judgment or order that we are entitled to in law, based on the facts contained in the certificate, or such amount as a Court may find to be owed by you.

25. Every natural person signing on behalf of any juristic person personally warrants that the signing of this agreement by the natural person on behalf of the juristic person concerned, is within the scope of its powers, objects and authority, does not contravene any provisions of any relevant legislation, all necessary steps have been taken by the juristic person to give the signatory the power to execute this agreement on behalf of the juristic person. If any juristic person intended to be bound by this agreement is not bound by this agreement for any reason whatsoever then the person signing on behalf of that juristic person shall be bound as Surety in the place of such juristic person and he shall conclusively be deemed to have signed this agreement in his personal capacity.

26. The parties select as their respective domicilia citandi et executandi (service address) the physical addresses set out on the application form or this agreement. Likewise, the parties choose all the addresses set on the application form or this agreement for the purposes of giving or sending any other notice provided for or required hereunder, or such other physical address or fax number or e-mail address as may be substituted by notice given as herein required. Unless the contrary is proved, any notice to be given by any party to another shall be deemed to have been duly received by the other party (a) if delivered to the addressee’s domicilium by hand during business hours on a business day, on the date of delivery thereof, (b) if sent per registered mail on the day the registered mail was sent, & (c) if sent per fax or e-mail to the addressee on the date of transmission, provided that it has been transmitted on a business day during normal business hours.

27. You agree to advise us in writing of any change in your status, or of any change in information given in the application form, the notification to reach us within 7 business days of you becoming aware of the change.

28. For the purposes of this clause, Personal Information will have the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013 (“POPI”). You acknowledge that the completion of the application form and the acceptance of these terms and conditions, will result in us obtaining Personal Information from you. We undertake to process your Personal Information in terms of the conditions contained in Chapter 3 of POPI. You will have the rights as contained in section 5 of POPI.

29. In this agreement: (a) words importing the singular include the plural and vice versa, (b) words importing any one gender include the other gender, (c) reference to a natural person include artificial persons and vice versa, (d) if any word or phrase is defined in any clause, that word or phrase shall bear the same meaning wherever used in this agreement, (e) the rule of construction that the contract shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.

30. Invalidity: If any provision of this agreement is judged to be invalid, the validity of any other provision shall not be affected and the invalid provision shall be deemed to be deleted; provided however that the parties shall use their reasonable endeavours to achieve the purpose of the invalid or unenforceable provision by a new legally valid provision. Entire Agreement: This agreement sets forth the entire understanding of the parties with regard to the subject matter hereof and supersedes all prior discussions, memoranda of understanding, protocols of intent and similar writings with regard hereto. The parties waive the right to rely on any alleged express provision not contained in this agreement. No Representations: None of the parties may rely on any representation which allegedly induced that party to enter into this agreement, unless that representation is recorded in this agreement. Variation, termination and waiver: No contract varying, adding to, deleting from or cancelling this agreement, and no waiver of any right under this agreement, shall be effective unless reduced to writing and signed by or on behalf of all the parties. Indulgences: No indulgence granted by a party nor the partial exercise by any party of any power, right or privilege shall constitute a waiver or abandonment of any party’s powers, rights or privileges under this agreement and that party accordingly shall not be precluded, as a consequence of having granted that indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future. Cession and delegation: You may not cede your rights nor delegate your obligations without our prior written consent, which consent shall not be unreasonably withheld. Applicable Law: The interpretation, construction and effect of this agreement and the rights and obligations of the parties hereto shall be governed by the laws of the Republic of South Africa. Survival of terms: The expiration or termination of this agreement shall not affect such of the provisions of this agreement as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clause themselves do not expressly provide for this. Counterparts: This agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Prevailing terms: If there is any conflict between these terms and conditions and the application form, these terms and conditions shall prevail. Independent: the parties are independent contractors and this agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between them. Successors and Assigns: Except as otherwise provided herein, the SA Conditions incorporated into any agreement shall bind and endure to the benefit of and be enforceable by the parties and their successors and assigns.