National Social Marketing Centre

Refund Policy

Formation of a contract of sale (if you buy online from www.thensmc.com)

In order to purchase and access a course or resources, you must register as a user of the Website. If you are already registered as a member of The NSMC, you can log onto your customer account using the user name and password that you chose when you registered.

When you place an order for a course or resources you are offering to purchase that Course or resources on these Terms. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details by using the "back button" of your web browser.

You will receive confirmation (via the website and by email) from World Pay, our payment processor, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course or resource by means of a separate confirmation email from us, which will be effective upon sending.

For large orders, we may provide an offline order and invoice process. Where this is provided it is subject to these Terms.

We reserve the right to withdraw at any time Course or resources as advertised for sale on the Website.

Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered, unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in the section entitled 'Your Right to Cancel the Course or resources'.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment.
  • The identification of a pricing or product description error.
  • Your failure to meet the eligibility to order criteria set out in the main Terms and Conditions.

Payment by you of the Course or resource Fee (if you have purchased online via The NSMC website)

You agree to pay us the Course or resources Fee.

The Fee for any Course or resources at any given time will be displayed on the Website and are quoted in pounds sterling.

We will debit the Fee from your credit card or debit card on or after the day you make an order for a Course or resources. Credit or debit card details are collected over a secure link.

We reserve the right from time to time to change the amount of the Course or resources Fee. In the unlikely event that due to a technical error, the amount is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us (in which case the resources will not be sent to you and/or you will not be able to access the Course or resources Materials for the purposes of downloading or completing the Course or online) or to pay the balance of the Fee to us. If the correct price is lower than advertised, we will refund the balance of the Fee to you.

Other Changes

You may incur additional charges to your Internet Service Provider while you are accessing and / or downloading the Course or resources Materials. Additional charges may also be payable to third parties for use of the software necessary to access and / or download the Course or resources Materials. You are responsible for paying these charges.

Provision of Access

(a) If you have purchased online via The NSMC website We will provide you with access to online Course or resources Materials after we have confirmed your order by email. This will immediately follow a successful online transaction.

You will be able to access the Course or resources Materials by logging on the Website using your registration details. The Materials can be accessed by you through the "my course or resources" page of the Website.

Please note that it is your responsibility to check that the computer you plan to use to access your Course or resources Materials is compatible with the minimum specification requirement that relates to the Materials you are ordering. The minimum specification for each course or resources is provided on the Website.

You accept that you will not have a claim for breach of contract (either against The NSMC or an Agent of The NSMC) or otherwise in respect of any period of downtime/ unavailability of the website.

Delivery of Offline Products ( DVD’s Books etc)

If the resources are delivered in DVD or other offline format, we will use reasonable endeavours to ensure that such materials will be despatched within 48 hours and should be received within 5 working days of purchase.

Your Right to Use the Course or resources Materials and your Related Obligations

Online Course or resources Materials: In consideration of receipt by us of the Course or resources Fee, we grant to you a non-exclusive, non-transferable licence to use the resources for the sole purpose of personal home or work use. As such, you and any Training Voucher Holder may make copies of the Course or resources Materials as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course or resources 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 or resources Materials. Any use of the Course or resources Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Offline Course or resources Materials - CD Roms, DVDs etc: In consideration of receipt by us of the Course or resources Fee, we grant to you a non-exclusive, non-transferable licence to use the Offline Course or resources Materials for the sole purpose of personal home or work use. As such, you and any Enrolment Key Holder may print for your personal use so many pages of the Offline Course or resources Materials 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 Offline Course or resources Materials. Any use of the Offline Course or resources Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.

Your Right to Cancel the Course or resources

How long do you have to change your mind about purchasing Course or resources Materials?

(a) If you have purchased online via the The NSMC website. You may cancel your purchase of Course or resources within the following periods:

Online Course or resources: You may cancel your purchase of Course or resources 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 email confirmation from The NSMC in accordance with these Terms.

Offline Resources: You may cancel your purchase of Offline resources within a period of 7 working days beginning with the day after the day on which you receive the DVD or other offline materials.

These periods are called "cooling-off periods" and we will credit the Course or resources Fee to your credit or debit card as appropriate within 28 days of receiving your notice of cancellation.

During the cooling-off period, you may cancel your order in writing by post or email using our contact details.

Exceptions to the right to cancel during the cooling-off period.

You cannot cancel your purchase of Course or resources Materials if you have accessed the Course or resources Materials (as the contract will be deemed to have commenced at the time of access), unless the Course or resources Materials are faulty.

Offline Course or resources Materials must be returned to us in a re-saleable condition

Your statutory rights in the event of receiving faulty goods are not affected. However, we reserve the right to independently test any returned item. Where the result of such tests proves that the item is not faulty, we will return the item to you and charge you the direct cost of re-delivering such item. For this reason, where possible, we advise you to check the Offline resources on a second machine or alternative equipment before returning them to us. Conversely, where the result of such tests proves that the item is faulty, you will not be charged for the cost of sending any replacement product.

Quality of the services

We will provide the resources in accordance with the Course or resources description which is set out on the Website.

We do not make any commitment to you that the Course or resources will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course or resources in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Course or resources or that you will obtain any particular qualification on completion of the Course or resources (unless otherwise stated on the Website).

Other than the stated minimum technical specification, we do not make any commitment that the Course or resources Materials will be compatible with or operate with your software or hardware.

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.

Our Rights to Stop Providing the Services to you

If you have purchased online Course or resources via the The NSMC website, we will make the resources available to you for a period of six months after which point we will suspend your access to the course or resources. This six month period starts immediately following the issue of your confirmation email. If you wish to access the Course or resources Materials after your access has been terminated, you will need to submit a new order via the Website. In certain circumstances, for example if you suffer from a disability, we may extend the time period in which you may access the Course or resources Materials. To enquire about such an extension, please contact us via email.

We reserve the right to suspend your access to online Course or resources Materials immediately in the event that:

  • you fail to comply with Paragraph 16 of these Terms which deals with the manner in which you are permitted to use the Course or resources Materials and the Website;
  • you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff.

If we exercise this right we will notify you and will then immediately suspend your access to the Course or resources Materials.

Our Liability to you

Notwithstanding Paragraph 1:

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

  • [your statutory rights as a consumer, nor your right to return the Course or resources under paragraph 18;]
  • any other losses which may not be excluded or limited by law.

We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

We are not responsible to you for any data that you lose either (a) as a result of accessing the Course or resources Materials; or (b) during completion of any Course or resources 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 or resources Materials, and (ii) all data that you are inputting when completing the Course or resources.

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 or resources Materials, you do so at your own risk.

Except as set out in these Terms, 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 Course or resources Materials and associated technical support 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) shall be limited to the amount of the Course or resources 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.

 
 

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