Terms and Conditions
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.
These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.
In consideration of the agreements made herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each party shall agree as follows:
1.1 www.IxionCollege.co.uk is a site operated by Ixion Holdings (Contracts) Limited (" We"). We are registered in England and Wales under company number 06886337 and have our registered and principal office at Halford House, Coval Lane, Chelmsford, Essex CM1 1TD. Our VAT number is (Application Made).
1.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 5, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form (FORM HERE) on our Website. A link to the website cancellation form will be included in the email confirming your enrolment and login details for the Course. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail, contact our Customer Services Team by telephone or by post using the relevant details at clause 21. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
1.3 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.
2.Terms applying if you enrol for a course at Ixion College
These Terms apply to your learning when you enrol on an Ixion College Course (“Course“) through our Website.
3. Our Service
Our Courses include:
3.1 providing you access to the virtual learning environment (“VLE“) and any learning materials contained therein;
3.2 providing you access to our helpline;
3.3 use of our computers;
3.4 access to our webinars, online training and events;
3.5 tutor support (& depending on courses, seminars) while you are learning; and
3.6 assessment for your qualification.
4.1 Our Website will guide you through the necessary steps to enrol on a Course.
4.2 We will help you to enrol on the correct Course by providing accurate information on our Website. We will provide advice and guidance to you before you start learning to make sure you choose the right Course.
4.3 If you are applying for a 19+ and the Course is being funded by the Education & Skills Funding Agency (“SFA“), after provisionally enrolling on our Website you will be redirected to the Student Loans Company website where you will be asked to complete an application for a 19+ Advanced Learning loan. Once your application for a 19+ Advanced Learning loan has been approved by the Student Loans Company, you must inform us that you have been accepted and provide us the authorisation reference that you will have been provided with by the Student Loans Company. We will then apply for funding from the SFA and when we have confirmation from the SFA that they will fund the Course and validated your loan application reference with the Student Loans Company, we will email you with your login details for the VLE, confirming that you have been fully enrolled.
4.4 If you are funding the Course yourself (by using a credit/debit card), after submission of payment by you on our Website via PayPal we will email you with you login details for the VLE, confirming that you have been fully enrolled on the Course.
4.5 A contract will only come into existence between us on these Terms (“Contract“) when we email you to confirm your full enrolment onto the Course in accordance with clause 4.3 or 4.4, as appropriate.
4.6 You will only have access to the Course materials once you have been fully enrolled and there is a Contract between you and us. We will not provide you with an online tutor until at least 2 weeks after the Contract is formed. Your tutor will provide support and guidance to you during your Course.
4.7 We reserve the right to refuse your enrolment on any of the Courses we offer.
5.1 As a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period of two weeks from the date that the Contract is formed between you and us. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a Course, you can notify us of your decision to cancel the Contract. If you have paid for the course yourself via PayPal, you will receive an appropriate refund, determined in accordance with clauses 5.3 and 5.4 below.
If the Course is funded by the SFA:
5.1.1 you will not receive any refund; and
5.1.2 you consent to our notifying both the SFA and the Student Loans Company that you are no longer participating in the learning of the Course.
5.2 Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.3 Your right to cancel will differ depending on whether it relates to the “services” element of the Contract (i.e. tutor support) or the “supply of digital content not on a tangible medium” element of the Contract (i.e. downloadable content accessed through the VLE), each of which is set out in clauses 5.4 and 5.5 below, respectively.
5.4 We will not provide the “services” element of the Contract until after the expiry of the cancellation period referred to in clause 5.1. Therefore, once the provision of the “services” element of the Contract has begun, you will have no right to cancel this element of the Contract. If you cancel the Contract prior to the expiry of the cancellation period, you will be entitled to a refund of the “services” element, the provision of which will not have begun, but you will not be entitled to a refund of the “supply of digital content not on a tangible medium” element (see clause 5.5 below).
5.5 During the enrolment process for a Course, you will be required to tick a box on our Website indicating that:
5.5.1 you have expressly consented to the supply of digital content not on a tangible medium during the cancellation period; and
5.5.2 you have acknowledged that, as a result of that supply beginning, your right to cancel that element of the Contract will be lost.
5.6 If you have provisionally enrolled for a Course on our Website using SFA funding, and have not yet confirmed to us you have an approved 19+ Loan from the Student Loans Company, then you can cancel the Contract at any point up to confirming to us on your “My Account” page that you have had your loan approved.
5.7 If you have provisionally enrolled for a Course using SFA funding and do NOT confirm to us within 8 weeks of enrolment on our Website, that you have successfully been approved by the Student Loans Company and have not formally sent us your Student Loans Company authorisation code, your application and registration from Ixion College will be removed automatically for each Course that you have applied for.
6. Your Course
6.1 Your Course may be a mixture of online content, webinars, face to face learning – mostly online, (some courses include seminars) and online tutor support from us. The Course is designed to help you to achieve the qualification you have chosen, through “Distance Learning”.
6.2 Whether your Course is funded by the SFA or not, you are not ‘purchasing’ the Course. You are being licensed to ‘use’ the Course while you are on the Course. You cannot pass on or sell the Course content to anyone else.
6.3 The Course and its learning materials, and all intellectual property rights thereof, belong to us.
6.4 If you are doing a Access to Higher Education/QCF/NVQ, your Ixion College assessor will help you prepare and submit your portfolio. Once you have been assessed and we have assessed you have passed the course, you will get your certificate for your qualification.
7. Password and Learner Reference Number
When you have enrolled for a Course you are given a user name and password. 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 user name 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 user name 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 or advisor.
8. Assessment / Assignments/ Exams/ Hours Worked on Course
8.1 Assessments/Assignments/ Exams are an important part of your Course. This is how you get the qualification that you want when you have finished your learning. It may comprise uploading assessments or an e-portfolio if you are doing a vocational qualification or e-portfolio assignments if doing Access to High Education. If you are doing a QCF /NVQ your Ixion College tutor will help you prepare and submit your e-portfolio. This is part of the support we will provide for this Course and there is no extra charge.
8.2 You are responsible for all timely uploads to the VLE we use and this is the only form or online submission of work that can be accepted.
8.3 You agree as part of these Terms to regularly complete the workbook on the VLE that records the details for you and the tutor how many hours each day you have worked on the course and keep a running total, that your Tutor will have access to.
You have a right to appeal the outcome of an assessment/assignment on the grounds that you do not agree with the assessment/assignment decision made by the Assessor/Tutor, or if you feel that the assessment procedures have not been carried out properly. If you wish to appeal, you must submit written notice to the Head of Quality at our registered address within five days of receiving notification of the grade or assessment/assignment.
10. Quality of our Services
10.1 We will use reasonable skill and care in providing the services to you. We will endeavour to ensure that the Course materials will meet a satisfactory level of quality. However, we do not guarantee that they will be error free.
10.2 We do not make any commitment to you that
the content of the Courses 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 in terms of careers prospect or personal
We do not make any commitment to you that you will obtain any particular result from your receipt of the Course. We do not make any commitment to you that you will obtain any particular qualification from your receipt of the Course (unless stated otherwise in the Course description on the Website and subject to your successful achievement of that qualification).
10.3 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
10.4 We reserve the right to withdraw at any time:
10.4.1 all or part of the Website; and
10.4.2 Courses advertised for sale on the Website.
10.5 We cannot promise that access to the Website will be uninterrupted or error free.
10.6 You accept that our “Loans Repayment calculator/Estimator” on our Website is for guidance only (an estimator) and not to be relied on for decision making regarding any loan. You accept that the Student Loan Company, not us, will provide you with the information you need to make the decision to proceed or not with any loan that funds our Course(s).
11. Your Responsibilities
11.1 You are required to notify us, either in writing at our registered address or by telephone, of any changes to your postal address.
11.2 If you are paying for the course (using credit/debit card) you confirm you are aged 19 year or over and commit to being resident in the United Kingdom during your course. If you are applying for a 19+ Advanced Learning loan, you confirm you have lived in the UK for the last 3 years, commit to being resident in England for the full length of the Course and are aged 19 or over (and if necessary eligible for any student loan). Further, you accept that you are solely responsible for ensuring regarding the 19+ Advanced Learning Loan:
11.2.1 that you qualify/eligible for the 19+ Advanced Learning loan; and
11.2.2 the accuracy, completeness and truthfulness of any information that you provide to the Student Loans Company in connection with a 19+ Advanced Learning loan.
11.3 Any 19+ Advanced Learning loan that you obtain from the Student Loans Company,
and the terms thereof, are between you and the Student Loans Company
and we accept no responsibility whatsoever in connection with such loan.
11.4 You acknowledge that you are responsible for making back-up copies of all your data, assignments and taking appropriate precautions against viruses, hacking and other types of computer misuse.
11.5 You accept that you will not have a claim for breach of contract in respect of any periods of unavailability, either of our Website or of access to our VLE. You also acknowledge that we cannot be held responsible for any delay or disruptions that are due to the operation of the Internet and the World Wide Web, including viruses.
11.6 You accept that receipt of the Course is personal to you and you may not transfer your rights to access the Course materials to another person without our written consent.
11.7 You agree not to obtain, collect or store any personal data about any visitors or learners of the Website other than as required to deliver the Course, in accordance with clause 16, and to allow us to fulfill our legal obligations, including under any funding arrangements as may have with the SFA.
11.8 You are responsible for all timely uploads to the VLE and this is the only form or online submission of work that can be accepted. It is your responsibility to log onto the VLE and partake in the Course as required by us, and you acknowledge that your failure to do so may result in the suspension of the provision of the Course to you.
11.9 If you choose the extra addition to your main Course package of Math & English (Level 2) Functional Skills, you agree to finish both the Maths and English courses (to the satisfaction of the Tutor & Assessor) before you finish your main Access to Higher Education or QCF/NVQ course and before any Access to Higher Education or QCF/ NVQ certificates are dispatched to you.
12. Our Rights to Stop Providing the Services to you
12.1 We reserve the right to suspend your access to on-line Course Materials immediately in the event that:
12.1.1 you fail to comply with these Terms in
any material manner, and in particular you fail to comply with the terms
which deal with the manner in which you are permitted to use the Course
Materials and the Website; or
12.1.2 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.
12.2 If we exercise this right we will notify you and will then immediately suspend your access to the Course Materials.
13. Course Access Duration
If you have purchased online Course materials via our Website, we will make the Course materials available to you for the period stated on each course on our website, after which point we will suspend your access to the course.
This period starts immediately following the issue of our confirmation email to you that you have been allocated a tutor. After you access has been terminated you will need to submit a new order via the website or contact us to gain access. In certain circumstances, if for example you suffer from a disability we may, at our discretion, extend your access period.
14. Website Use & Copyright
14.1 The materials on this Website are protected by our copyright and other intellectual property rights.
14.2 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.
15.Third Party Links
We may provide links to third-party websites. This may include links to sites not owned or associated with us. Any links are provided for your convenience only and are accessed at your own risk. We are 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. We do not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites.
16. How We Use Your Personal Information
The personal information you provide is passed to the Chief Executive of Education & Skills Funding Agency (the “Agency“) and, when needed, the Department for Education, including the Education Funding Agency to meet legal duties under the Apprenticeships, Skills, Children and Learning Act 2009, and for the Agency’s Learning Records Service (LRS) to create and maintain a unique learner number (ULN).
17. 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. If you continue to use the Website you will be deemed to have accepted those changes.
18. Our Liability
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
18.2 We only supply the Courses for private use. You agree not to use the Course for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
18.3.5 any breach of the terms implied by section 3 to 5 of the Supply of Goods and Services Act 1982; and
18.3.6 defective products under the Consumer Protection Act 1987.
19. VAT/ Prices
19.1 The prices of the Courses will be as quoted on our Website at the time you enrol for a Course. We take all reasonable care to ensure that the prices of Courses are correct at the time when the relevant information was entered onto the system. However please see clause 19.4 for what happens if we discover an error in the price of Course(s) you ordered.
19.2 Prices for our Courses may change from time to time, but changes will not affect any order you have already placed.
19.3 The price of a Course includes VAT (where applicable- only applies to those courses where a credit/debit card are used) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Courses in full before the change in VAT takes effect.
19.4 Our site contains a large number of Courses. It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. If we discover an error in the price of the Courses you have enrolled for we will contact you to inform you of this error and we will give you the option of continuing to purchase the Course at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the enrolment process, we will treat the enrolment as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Course and refund you any sums you have paid.
20. Other terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may not transfer your rights or your obligations under these Terms.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.4 You agree that you must have full working access of the following, as a minimum, to take our courses (with prior written bill payers/providers permission and at your own risk and expense):
20.5 You agree (before you are able to progress onto any Ixion College course and before you access any of our VLE Learning Materials) that when your assigned Ixion College e-tutor requests you to set up a Google Mail account, then devise a short 30 to 60 second YOUTUBE video of the person taking the courses/s and then share that YOUTUBE video link with Ixion College, that you agree to do so… and at your own risk. You confirm that this YOUTUBE video is the same identity of the person shown on the passport details that must be supplied to Ixion College before anyone can continue on the course/s and that this is the same person; taking the course, the only person then to have permission to access our Virtual Learning Environment, who is writing and submitting assignments, assessments and taking any exams etc.
21. Contact Us
You can contact us:
By Telephone: Monday to Thursday 8.30 am to 5 pm, Friday 8.30 am to 4.30 pm.
By Email: firstname.lastname@example.org
General Enquiries: 01245 254 851
By Post: Ixion College, Halford House, Coval Lane, Chelmsford, Essex, CM1 1TD
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.
Welcome to Ixion College. Ixion College is a brand owned by Ixion Holdings (Contracts) Ltd. Your learning agreement, should you wish to take a course with Ixion College, will be with Ixion Holdings (Contracts) Ltd under Ixion's UKPRN 10033758.
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