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Acumen Envision

Terms & Conditions effective from 20th August 2020

COVID19 Amendment to terms. Due to changes in guidelines from the government we are in some circumstances have to postpone events due to lecturing staff being effected in their local areas or by delegates being effected by their work commitments . If a course has to be postponed we will provide further dates. We are unable to process any refunds due to courses that have been postponed due to the pandemic but will ensure all delegate receive new course dates or a 12 month training voucher to use at an alternative time, when it may be better for them to attend a course.

These are unprecedented times and we are working hard to ensure that there is a minimum of disruption where possible working in line with the governments notifications and changes.

1. Definitions

In these Conditions the following expressions shall have the following meanings:
• The “Client” means the person, company or other legal entity identified as providing a request to Acumen Envision to supply Services.
• “Services” means the goods or services to be provided by Acumen Envision to the Client under the terms of the contract and “Services” shall be construed accordingly.
• “Confirmation Date” means the date when all the following apply:
– A request to supply Services has been received from the Client by Acumen Envision
– Acumen Envision has confirmed to the Client that the course or other Services requested are available and the price is correct.
– Payment has been received, or alternative payment method agreed.
• “Contract” means the contract between Acumen Envision and the Client under which the Services are to be supplied by Acumen Envision to the Client.
• “Training Provider” means Acumen Envision.
• “Working Day” means every day of the week apart from Saturday, Sunday and statutory holidays.  “Month” means a calendar month.  “Week” means seven consecutive days.
• “Intellectual Property” includes all training materials, course manuals, inventions, patent applications, granted patents, registered and unregistered designs, copyright works, trademarks and confidential information.

2. Scope

Unless otherwise agreed by Acumen Envision in writing prior to agreement by the Client to these Terms and Conditions the Client agrees that the provisions of these Terms and Conditions shall constitute all of the provisions relating to the Services to be provided to the Client by Acumen Envision. No other terms and conditions shall be accepted.


3. Prices

The price payable for the Services shall be the list price of Acumen Envision at the Confirmation Date unless otherwise stated.

The price does not include travel, accommodation, meals or other related expenses unless explicitly stated.

All prices are exclusive of Value Added Tax, and this will be charged at the appropriate rate.

4. Terms of Payment

Where the Services relate to the provision of a group on-site training course, payment by, credit card, debit card or bank transfer is required no later than 25 Working Days before the course start date for course delivered in the UK.  Special arrangements may be separately agreed in the case of late bookings.

Were courses are delivered outside the UK payment will be required at the latest 14 days after the booking date.

Payment for group virtual classroom courses will be required at the latest 14 days after the booking date.

Distance Learning Blended Program licences will require payment at the point of booking the course either via the website if paid by credit / debit card or via bank transfer.

Acumen Envision is entitled to charge interest at 2% per Month or part thereof on overdue payments.


5. Training Courses

Acumen Envision provides training courses directly and also in conjunction with selected Training Providers.  To the best knowledge of Acumen Envision, these Training Providers are suitably qualified and accredited to deliver the training courses offered. 

The contents of course schedules are intended for general guidance only and do not form any part of a contract.  Acumen Envision reserves the right to make any reasonable variations to public and in-house courses, including the content and location of the courses, without notice.

The indication of course availability and location shown on the Acumen Envision website is for general guidance and does not form any part of a contract.  Please contact Acumen Envision before making any travel or accommodation arrangements as Acumen Envision will not be liable for any action that you may take in reliance on the information.
 
It is the responsibility of the Client to ensure that the delegates meet the prerequisites of the course on which they are booked, and that the course content meets their requirements.
 
Acumen Envision will perform the Services with reasonable skill and care. Any other conditions or warranties whether express or implied as to the quality of the Services are hereby expressly excluded.

Unless otherwise indicated, all courses are delivered solely in English, and all delegates must be sufficiently proficient in English language before attending a course.

For courses not exclusive to one Client, Acumen Envision and its Training Providers reserve the right to refuse admission to the training premises by any person whom they consider in their absolute discretion to be unsuitable for admission onto the training premises or to remove any such person after the commencement of a course.

6. Course Duration

Course durations for classroom events and access periods for Distance Learning Blended Programs are clearly stated on the website.

All classroom-based courses are run on working days only, unless otherwise stated. On the rare occasion where a training event duration spans a weekend the course will continue the following week. For example, if a 3-day training event commences on a Friday, then the remaining 2 days of training will take place on the following Monday and Tuesday.

7. Cancellation, Transfers and Substitutions with respect to Training Courses

Acumen Envision reserves the right to cancel or arrange an alternative date for a course.  In such circumstances, Acumen Envision will endeavour to provide notice of cancellation or change to the Client. In the event of cancellation Acumen Envision will provide an alternative course date.

Please note we do not provide refund for any discounted course places. We will provide alternative dates if a course has to be postponed.

The Client may cancel the course booking by notifying Acumen Envision in writing by acknowledged email or by recorded delivery as soon as reasonably practicable.  The Client shall also be deemed to have cancelled the course booking if the delegate does not attend the event.  The Client shall be liable to pay a cancellation fee as follows:
 
Distance Learning Blended Program Courses

If the client has not activated their licence on the LMS then we are able to provide a full refund less admin fee if we are contact no more that 7 days after the booking date.

If a client has activated their licence on the LMS then they have started the program and we are unable to provide a refund.  We are however able to transfer their booking to another nominated participant, as long as they have not taken an exams.


Customer Specific Courses (for example on Client’s site):

Number of Days Notice Proportion of Course Fee Payable
Over 14 Working Days 10%
Less than 14 Working Days 100%

Acumen Envision will endeavour to accommodate requests by the Client to substitute one delegate for another but is under no obligation to do so.  Such requests are subject to the replacement delegate meeting the pre-requisites for the course.  In the event of a substitution, the Client shall pay an administration fee of £50 plus any unavoidable costs relating to the change.

Course Transfer:

If the client wishes to transfer a course date for a group course then there will be no charge if they notify Acumen Envision with at least 14 workings days notice prior to the start date of the course.

9. Liability

Acumen Envision’s total liability for any loss or damage shall not exceed the price payable for the Services, except in cases of direct physical damage to the Client’s property, personal injury or death.

Acumen Envision shall not be liable howsoever caused for indirect or consequential loss including but not limited to: loss of profits; loss of revenue; loss of goodwill; loss of data; failure to achieve savings.

10. Bundling and Bundled Courses

• Where a customer orders a predefined selection of bundled services/courses at a fixed price (Bundle), the provisions of this Clause 10 shall apply except as may be expressly waived (in writing) by Acumen Envision on Training in relation to a particular order. 

• Services/courses within a Bundle are allocated to a particular named individual, and such allocation cannot be transferred to any other person.

• The customer may not modify the services/courses within a Bundle and may not exchange services/courses within a Bundle for other services/courses. 

• Where a customer decides to cancel a Bundle before the first service/course has been booked (and within the 12 month Bundle period) Acumen Envision on Training will refund the Bundle cost subject to an administration charge equivalent to 10% of the Bundle price paid. 

• Each Bundle is valid for a maximum of twelve (12) months. The Client may only use the services/courses within a Bundle during the twelve (12) month period immediately following the date they are ordered, and payment is submitted. Any services/courses within a Bundle that remain unused will expire on the anniversary of the payment date and shall be deemed used with no refund payable. 

• Some Bundles are provided on the basis of being for selected dates and locations only. A Acumen Envision on Training advisor will work with you to arrange a suitable schedule. 

• Acumen Envision reserves the right to cancel, curtail or re-schedule training courses or events, in which case it shall use reasonable endeavours to notify the customer and provide alternatives.  

• In the event of cancellation by Acumen Envision on Training for any reason (including where Acumen Envision on Training is no longer able to source the training course requested), Acumen Envision on Training shall use reasonable endeavours to find a suitable alternative and where this is not possible shall refund course fees which the customer has already paid in advance in relation to the cancelled course. Please note the refund will be a pro-rated amount of the sum paid for the Bundle which may be less than the usual price of the service/course. 

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11. Force Majeure

Acumen Envision shall not be in breach of this contract if there is any total or partial failure of performance by it of its duties and obligations under this contract occasioned by any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, prevention from or hindrance from obtaining any raw materials or energy, sickness or other cause beyond its reasonable control.

If Acumen Envision is unable to perform its duties and obligations under this contract as a direct result of one or more such causes Acumen Envision shall give written notice to the Client of such inability stating the cause in question. 

13. Data Protection and Confidentiality

The policy of Acumen Envision with respect to data protection is detailed in these Terms and Conditions, and it’s Privacy Notice which should be read in conjunction with these terms and conditions of the contract.

Where Services are certified training courses, the Client consents to allow Acumen Envision full access to examination results arising from their bookings.  This information will be used in accordance with the requirements of relevant data protection legislation.  The data will only be used to evaluate the effectiveness of training and to assist Acumen Envision in providing advice to its clients.

All Intellectual Property associated with training courses or other Services shall remain vested in the owner be it Acumen Envision, its Training Provider or others.

Where Services are distance learning products, then the Client shall abide by all reasonable terms of any licence agreement applicable.

Intellectual Property which is identified as, or can reasonably be deemed to be, confidential shall not be copied or reproduced or disclosed to any third party without the prior written consent of Acumen Envision.  The Client shall ensure that its employees and all those under the Client’s control and supervision comply with this obligation.

Where Services are provided to the specification or special requirements of the Client, the Client shall indemnify Acumen Envision against all costs, claims and damages incurred or arising out of any alleged infringements of Intellectual Property.

14. Slavery and Human Trafficking Statement

Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain.

We have a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing procedures to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains.

We are committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains. Our commitment is to act ethically and with integrity in all our business relationships and to implement and enforce effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains.

We have zero tolerance to slavery and human trafficking. We expect the same high standards from all of our contractors, suppliers and other business partners and we expect our suppliers to hold their own suppliers to the same high standards.


15. General

The Contract shall only become effective at the Confirmation Date.

Any typographical clerical or other error or omission in any sales literature, administrative documentation, course materials, invoice or other document or information issued by Acumen Envision or its Training Providers shall be subject to correction without any liability on the part of Acumen Envision.

No variation to these Terms and Conditions shall be effective unless made in writing and signed by an authorised representative of Acumen Envision.

Acumen Envision may assign or sub-contract the whole or any part of the Contract to any person, firm or company.

These Terms and Conditions expressly exclude any right afforded the Training Provider or any other third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

During the term of the Contract and for a period of 12 months thereafter, the Client shall not directly or indirectly employ or solicit for employment any employees of Acumen Envision or its Training Providers.

All parties (including Acumen Envision on Training, the Client and the Training Provider) shall comply with the Anti-Bribery Act 2010 and will make it clear to those providing services to it, that it does not accept or condone the payment of bribes on its behalf.

The invalidity or unenforceability for any reason of any condition, sub-clause or paragraph of these Terms and Conditions shall not prejudice or affect the validity or enforceability of the remainder.

These Terms and Conditions shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

• through the use of forms, which may be on paper or on our Websites, such as when you login to access our Services, signup to receive our newsletters, register for information, make a purchase or commence a course of study;

• when you create an account on our Websites and provide us with information about any special requirements, such as dietary requirements, that you may have; and

• if you choose to provide us with information when you use any of our Website or access our Services;

• when you communicate with us for any reason, including by email, postal mail or telephone, and when you use our Services.

Some of the personal information that you provide may include sensitive personal information, such as health-related information to ensure that we can provide the necessary duty of care or information about your race or ethnicity, which we need for statutory registration/reporting purposes. Information that we collect automatically. When you visit our Websites, we may collect certain information automatically from your device. The information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Website, including the pages accessed and links clicked. Collecting this information enables us to better understand the visitors who come to our Website, where they come from, and what content on our Website is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Website to our visitors. Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading ‘Cookies’, below. Information we obtain from third party sources. We may receive personal information about you from third party sources (such as your employer if they enrol you on a course), or agencies if you apply for study or employment, but only where we believe that these third parties either have your consent or are otherwise legally permitted or required to disclose your personal information to us. We collect only the minimum amount of information required from these third parties to enable us to provide the requested service or process any application you send to us (for example, your educational or employment history). We only use the information we receive from these third parties as set out in this Privacy Notice. Use of your information. The information that we collect and store relating to you is primarily used to enable us to provide our Services to you. In addition, we may use the information for the following purposes:

• to provide you with information or Services you request from us;

• to provide information on other Acumen Envision products and Services which we feel may be of interest to you, in accordance with your communications and consent preferences;

• to meet our contractual commitments to you;

• to act on your behalf where third party involvement is available and appropriate – for example through a third party specialist training provider or certification/awarding body;

• to obtain additional personal information to secure funding or satisfy statutory legal or Government scheme requirements – for example through an Apprenticeship scheme;

• to monitor and analyse trends, usage and activities in connection with our Websites/Services; and • as necessary to prevent or detect crime. We may also monitor or record telephone calls for training, customer service and quality assurance purposes, and to detect or prevent crime.

These recordings will be retained for a maximum of 30 days. In general, we will use any of the information we collect from you only for the purposes described in this Privacy Notice or for purposes that we explain to you at the time we collect such information. However, we may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you (such as statistical purposes) if and where this is permitted by applicable data protection laws. If you do not want us to use your data for any marketing purposes, you will have the opportunity to withhold your consent to this when you provide your details to us.

Storing and Retaining your personal data. The personal information you provided to us is stored within secure servers. We use appropriate technical and organisational measures to protect the personal information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information.

All Acumen Envision email addresses support TLS email encryption, so it is advised that if you are concerned about the contents of any email to use this encryption. Where we have given you (or where you have chosen) a password so that you can access certain parts of our sites and portals, you are responsible for keeping these passwords confidential. Please note that the transmission of information via the internet (including email) is not completely secure and therefore, although we endeavour to protect the personal information you provide to us, we cannot guarantee the security of data sent to us electronically and the transmission of such data is therefore entirely at your own risk. We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business or statutory need to process your personal information, we will either delete or anonymise it.

Disclosing your information. We may disclose your personal information to any company within our corporate group. This includes, where applicable, our subsidiaries, our holding company and its subsidiaries. This will only be done where lawful bases exists. We will also disclose, where required, your personal information with:

• third party service providers and partners who provide data processing services to us (for example, to support the delivery of Services), or who otherwise process personal information for purposes that are described in this Privacy Notice;

• third party founders, where required within Apprenticeships or further/higher education;

• your employer, where they have instructed us or funded the goods or services provided to you. This may include progression, assessment, attainment or exam results as well as other personal data as and when required.

• any product evaluation or feedback comments you provide may be shared with the purchasing organisation or course vendor.

• government agencies, where required by the scheme or education path you elect to follow;

• partners with whom we work to provide Services (such as course vendors, examination bodies and trainers);

• other commercial organisations with regards to potential work placements or provision of, or attendance at, employment fairs;

• any third party in connection with, or during negotiations of, any merger, sales of company assets, financing or acquisition of all or a portion of our business by another company;

• any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation (and may not be able to inform you so as not to compromise any investigation or other proceedings), or otherwise to protect our rights or the rights of any third party; and to

• any other person with your consent to the disclosure.

Where you are a customer or prospective customer, we may disclose your data to third parties for our marketing purposes so that we can identify products and services we think you will be interested in. Personal data used in this way may include contact details such as name, address, phone number, and email address. When sharing with third party marketing organisations, your data may be processed in countries inside or outside of the European Economic Area (EEA). Third party links. You might find links to third party websites on our Websites or within documentation we provide. If you access other websites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their own Privacy Notices which you should review. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Social Networking.

The Website may offer you the opportunity to share or follow information about us (or the Website or our Services) using third party social networking functionality (such as through “share this”, “like” or “follow” buttons). We offer this functionality in order to generate interest in us, the Website and our Services among the members of your social networks, and to permit you to share and follow opinions, news and recommendations about us with your friends. However, you should be aware that sharing personal or non-personal information with a social network may result in that information being collected by the social network provider or result in that information being made publicly-available, including through Internet search engines. Please note that we do not exercise, endorse, secure or control the policies or practices of any third party social network whose functionality you may access through the Website. You should always carefully read the Privacy Notice of any social network through which you share information in order to understand their specific privacy and information usage practices.

International data transfers.

For some of our Services, your personal information may be transferred to, and processed in, countries outside of the EEA. However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice. These measures include transferring your personal data to third parties who are located in a country which the European Commission has determined has data protection laws that are at least as protective as those in Europe, and transferring your personal data to third parties who have entered into standard contractual clauses with us. For more information about these safeguards please contact us using the contact details provided below. Cookies. We use cookies and similar tracking technology (collectively, “Cookies”) to collect and use personal information about you. Lawful basis (EEA visitors only) Our lawful bases for collecting and using personal information will depend on the personal information being collected and the specific context in which we collect it. However, we will normally collect personal information from you only: • where we need the personal information to perform a contract with you (for example, to enrol you into a course or provide you with learning materials); • where the processing is undertaken on the grounds of legitimate interest and is not overridden by your rights; or • where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you. If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our platform and communicating with you as necessary to provide our services to you and for our legitimate commercial interest, for instance, when responding to your queries, improving our platform, undertaking marketing, or for the purposes of detecting or preventing illegal activities. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the lawful bases on which we collect and use your personal information, please contact us using the contact details provided below. Data protection rights You have the following data protection rights:

• If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us using the contact details provided below.

• In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided below.

• Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

• You have the right to complain to a data protection authority about our collection and use of your personal information.

For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Contacting us The data controller of your personal information will be Acumen Envision. We welcome any queries, comments or requests you may have regarding this Privacy Notice. Please do not hesitate to contact us, or our DPO, via email enquries@acumenenvision.com