Secure Minds limited (iSMTA) Terms and Conditions & Learning Agreement

Please read these Terms and Conditions and Learning Agreement of Use (‘Terms‘) carefully before using www.ismta.com or www.security-training-course.com (‘the Websites of Secure Minds E-Learning Ltd‘). These Terms apply to all users of this Website including casual browsers.

To Users of the Website

1. Terms applying to all users of the SecureMinds (iSMTA) websites: Please read these Terms and Conditions of Use (‘Terms’) carefully before using www.ismta.com or www.security-training-course.com (‘the Websites of Secure Minds E-Learning Limited’). Additional terms and conditions apply if you enrol on a course (If you Enrol on course). These will be drawn to your attention during the process of enrolment.
 In these Terms, ‘we’, ‘us’ and SecureMinds (iSMTA) means :

Secure Minds E-Learning Limited Queens Head House, The Street, Acle, Norwich, Norfolk. NR13 3DY. 

which is the owner of this Website and the SecureMinds and iSMTA 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 on certain days. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website and the services offered via the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of SecureMinds (iSMTA). You accept that you will not have a claim for breach of contract (either against us or Absorb LMS Blatant Media our LMS service 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 English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

2. Purpose of the Websites: The purpose of our Websites is to provide individuals and businesses with information on the range of courses, functionality, explanations, costs and other services offered by SecureMinds (iSMTA).

3. Copyright: The materials on this Website are protected by our copyright and other intellectual property rights as described in the Secure Minds Copyright Statement.

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

5. Contact us: You can contact us : – by telephone on (+44) 0333 370 4999 – Monday to Friday 8am to 5pm – by email at admin@secure-minds.com or admin@ismta.com – by post at: SecureMinds (iSMTA), Beacon Innovation Centre, Norfolk, NR31 7RA, UK
If you enrol on a course:

1. Terms applying if you enrol for a SecureMinds (iSMTA) course online: These Terms and conditions apply to your learning when you enrol on a SecureMinds (iSMTA) course online. Please read these Terms carefully before enrolling on a course. For the purposes of these Terms: – ’we‘ and ‘us‘ means Secure Minds E-Learning Limited. Security Training Course is the brand name and domain name which Secure Minds E-Learning Ltd uses for its learning services. – ’you‘ means the learner. – ‘tutor’ the person who provides general and subject support while you are learning. – ’enrol‘ means the process of enrolling on a course. – ’services‘ means the support we provide to you on the SecureMinds (iSMTA) website where your learning takes place, the online course materials you use on the SecureMinds (iSMTA) website, and the tutor and other support we provide to you. – ’course’ means the course that you are signing up to learn. – ’course fee‘ means the fee you will be asked to pay to study this course.

2. Enrolment We will help you to choose the correct course: We will assess your skills and knowledge and provide advice and information before you start learning to make sure you choose the right course this is achieved by calling or emailing us. (you should have a good understanding of both spoken and written English). We will provide you with the online course materials for the course and access to Secure Minds online, its tools and resources for learners. If you are eligible for funding to pay, or help to pay, for the course, you must provide us with evidence and we will obtain that funding for your learning. You must follow the terms and conditions of the course. When you have accepted the Learning Agreement, we will provide you with an online tutor. Your tutor will provide support and guidance to you during your course, this is normally for Level 3 courses and is provided within the assignment sheets. By accessing your course you will be deemed to have accepted these Terms and the Terms and Conditions of the Learning Agreement.

3. Your course: Your course is a mixture of online software, tools and information on the website, discussion forums with other students on the same course and tutor support from us. The contents of the course are listed in the Learning Agreement. The course is designed to help you to achieve the qualification you have chosen with support from us (if the course is certified by an external body). Whether you pay a fee or not, you are not “buying” the course. You are being licensed to “use” the course while you are on the course. You cannot “keep” the course forever. You cannot give or sell the course to anyone else. The course always remains the property of Secure Minds.

4. Assessment and Honour Code

4a. Assessment: The only way to get the qualification that you want when you have finished your learning. It will always be in the form of an e-portfolio. If you are undertaking a Level 3, or higher IQ course, your SecureMinds (iSMTA) tutor/assessor will help you prepare and submit your e-portfolio. This is part of the support Secure Minds will provide for the course and there is no extra charge.

4b. The Honour Code: Is the SecureMinds (iSMTA) statement on academic integrity. It articulates SecureMinds (iSMTA) expectations of students in establishing and maintaining the highest standards of academic work.

4b-1.The Honour Code: Is an undertaking of the students, individually and collectively:

4b-2.The SecureMinds (iSMTA) has the right: and obligation to set requirements for honourable academic work. Violations of the Honour Code

4b-3.Penalties for violating the honour code:
SecureMinds (iSMTA) will issue a “No Pass” or “No Credit” for the Unit in which the violation occurred. The standard penalty for multiple violations (e.g. cheating more than once in the same Unit or Course) will be the student’s dismissal from the Course and disbarment from studying with SecureMinds (iSMTA) in future.

5. Quality of the services: We will use reasonable skill and care in providing the services to you. We will do so according to the qualification content set out in the agreement. 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 given in more detail on the Website). We expect you to take reasonable care to make sure that the course you have chosen will meet your needs. We do not make any commitment to you that you will obtain any particular result from your receipt of the services. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the services (unless stated otherwise in the course description on the Website subject to your successful achievement of that qualification). All representations, warranties and/or terms and/or commitments not expressly set out in these Terms and the terms and conditions in the Learning Agreement (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible at law.

6. Passwords and Learner Reference Number: When you purchase a course from SecureMinds (iSMTA) you will be emailed your user name and password (within 48hours of purchase and cleared funds). You must take care to keep your user name and password confidential. You will be responsible for all activities that occur under your user name and password. You must not allow anyone else to use your username and password. You must tell us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure. We will never email you or ask you on the phone for your password. If anyone asks you for your password you must tell your tutor. We will provide you with access to your course once you have enrolled. You will need to log on using your user name and password to use the course. When you first enrol for a Secure Minds course you will also be issued with a learner reference number. We may use this number in correspondence with you.

7. Course fee and refund policy: You agree to pay us the course fee, (including VAT where applicable), if a fee is required for the course. The website and purchase receipt shows the course fee payable by you. If you are not satisfied with the course you must inform us within 7 working days from your first login (admin@ismta.com) then you will need to provide a valued reason why you should require a refund. If after 7 days no refund will be granted. You agree that you will lose your right to cancel the course and claim a refund of any course fee you have paid if you have started using the course or part thereof.

8. Provision of the Services

8a. Tutor Support: When you enrol on your course you will have access to materials and if needed you are able to email SecureMinds (iSMTA) with any questions. You may contact your tutor during the normal opening hours of 8:00am to 5:00pm Monday to Friday.

8b. Computer compatibility: You can log onto the website from any computer using your assigned user name and password. We do not make any commitment that the course software will be compatible with or operate with the software or hardware on your computer. If your computer does not have the necessary software installed our advisor will help you to download the software (at your cost and risk) that should allow you to use the course. If it cannot, we will help you to choose another suitable course, or refund any course fee you have paid. If we recommend that you either enable cookies or download certain publicly accessible software to ensure that your computer is capable of accessing the course, you do so at your own risk. We use cookies to check the compatibility of your system with some of our services. If you wish to know more about cookies please see the section on cookies in the Privacy Statement.

8c. Technical Support: We provide technical support to learners to help them to use our courses. We cannot provide technical help that is not about using your SecureMinds (iSMTA) course. Please contact an advisor for technical help using the SecureMinds (iSMTA) courses. We will use reasonable skill and care in providing any technical support and to ensure that this service is available to you. Secure Minds cannot guarantee uninterrupted availability of technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice you must strictly follow that advice.

8d. System downtime: We may need periods of downtime to maintain the SecureMinds (iSMTA) Website. Technical support may not be available during periods of downtime. SecureMinds (iSMTA) tries to ensure that the Website is available 24 hours a day 7 days a week. SecureMinds (iSMTA) will make every effort to ensure the Website is available 24 hours. 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 SecureMinds (iSMTA).

9. Your right to use the course and your related obligations: On payment of the course fee, or funding approved for you on your course, we grant to you a license for you to use the course for your own use only. This is for the sole purpose of non-commercial use at home, at work or any other lawful location in connection with the receipt of the services. You can only use the course while you are learning, and for a period afterwards. You cannot “keep” the course, and it is not yours to sell or give to anyone else. You may make copies of sections of the course as they appear on the Website if you need to while you are doing the course for your own use only. You may print for your personal use only as many pages of the course on the Website as are reasonable for your own private study purposes. You may not change, copy (except as permitted above), reproduce, re-publish, upload, post, transmit or distribute in any way any part of the course. Any use of the course not permitted in these Terms and the terms and conditions of the Learning Agreement are strictly prohibited. Such use will constitute an infringement of either our copyright or our other intellectual property rights, or the copyright or other intellectual property rights of people who write courses for us.

10. Your right to cancel the course: If you change your mind within 7 days of buying the course, please contact us on (+44) 0333 370 4999 or email at admin@ismta.com to let us know. If you are entitled to a refund of any course fee, this will be paid to you within 30 days of the date of your cancellation. You agree that you will lose your right to cancel the course and claim a refund of any course fee you have paid if you have started using the course. Your statutory rights in the event of receiving faulty goods are not affected.

11. Our rights to stop providing the services to you: We will make the course available to you via the Website from enrolment until the earlier of; – you tell your tutor or advisor, in writing, by email or by telephone that you have completed the course and no longer require access to the services or, – 90 days after your tutor marks the course as completed or achieved or, – you do not answer tutor emails or calls to you, and/or you do not do any activity in your course, for a period of longer than 28 days while you are on the course (unless you have agreed a break with your tutor in advance) or, – SecureMinds (iSMTA) decides that your actions are unacceptable. – In any of the events above, we will withdraw your access to the course. If you wish to use the services after your access to the course has been withdrawn, you will need to enrol again. We reserve the right to stop providing the services to you immediately if: – you do not follow the way in which you are allowed to use the course and the Website; or – you act in such a way as to threaten, intimidate or otherwise harass our staff or other learners; or – if you are in receipt of funding and you fail to comply with the requirements of the funding organisation as described either on the Website or in the Learning Agreement or in information given to you by SecureMinds (iSMTA) when you enrol. If we exercise this right we will tell you by email or by your chosen route. We will then immediately withdraw your access to the course.

12. Complaints: If you are not satisfied with any aspect of the services, please speak to your tutor or advisor, or contact us in the manner described in “Contact Us” section.

13. Our liability to You: We will not be liable if we cannot provide the services to you because of an event beyond our reasonable control. Such events include (but are 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. If 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 will we be liable for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. In no event will we be liable to you for any indirect or consequential loss that you may suffer. We are not liable for any data that you lose either as a result of accessing the course or during completion of any course on the Website. It is your responsibility to ensure that you regularly save and back up all data, which you hold on the computer from which you are accessing the course, and all data that you are inputting when completing the course. Except where the above applies, our maximum aggregate liability for any claim that you may have against us in connection with the provision by us to you of the services, which is not otherwise excluded in these Terms and the terms and conditions of the Learning Agreement, (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us), will be limited to the amount of the course fee which has been paid or is payable by you or on your behalf (regardless of the amount of any public funding for which you are eligible). The exclusions and limitations of liability contained in these Terms, and the terms and conditions of the Learning Agreement, 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.

14. Privacy and data protection: We treat your privacy very seriously. The information that you provide to us when you enrol for a SecureMinds (iSMTA) course or at any other time is subject to the SecureMinds (iSMTA) Privacy Statement. Please read this. It sets out what information we collect, when we collect it, what we use it for, and who we can give it to. If you would like further details about the information we collect and how it is used, please ask your tutor. By using this Website you agree that you have understood and accept the terms of the Privacy Statement.

15. General Subject to the terms of any agreement: we conclude with you if you enrol on a SecureMinds (iSMTA) course, we reserve the right to withdraw all or part of the Website at any time. These Terms and the terms and conditions of the Learning Agreement are governed by and will be understood in accordance with English law. The contract between us is concluded in the English language. Any dispute arising between us under or in connection with these Terms and the terms and conditions of the Learning Agreement shall be subject to the non-exclusive jurisdiction of the English courts. These Terms, and terms and conditions of the Learning Agreement, 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 and the terms and conditions of the Learning Agreement. 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 and the terms and conditions of the Learning Agreement 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. Last Updated: July 2015

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