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United Kingdom

Universal Mind Mapper Ltd
124 City Road,
London EC1V 2NX,
United Kingdom

Middle East

Universal Mind Mapper LLC
1st Floor,
Regus Building
D-Ring Road,
Doha, Qatar

Asia

Universal Mind Mapper (Pvt) Ltd
Level 35,
West Tower,
World Trade Center,
Colombo 1, Sri Lanka

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Terms and Conditions

Between

Universal Mind Mapper and the Trainee

It intended that this Agreement effective on the date the Client orders and pays for the Services. You are deemed to have read and agreed to these terms and any other terms referenced in this document, as though you have signed it, upon making and application for the Services supplied and making payment of them.

Interpretation and Definitions
1. The following expressions shall have the following meanings:
  1. “Agreement” this agreement and any terms and conditions referred to in it.
  2. "Client" means the trainee or Company who is a party to this Agreement.
  3. “Company" Universal Mind Mapper LLC, 7th Floor Burj Al Gassar Tower, West Bay, Doha, Qatar and Universal Mind Mapper Pvt Ltd, Level 35, West Tower, World Trade Centre, Colombo, Sri Lanka.
  4. "Conditions" means these terms and conditions as amended from time to time in accordance with clause 18.
  5. "Contract" means the contract between the Company and the Client for the supply of Services in accordance with these Conditions.
  6. “Training Services" means the online learning system provided by the Company along with live training sessions.
  7. "Marketing Content" means the latest edition of the brochure, company website and course flyers published by the Company, detailing the online courses offered by the Company.
  8. "Order" means the Client's order for Services as set out in the Company's as agreed between the parties.
  9. "Services" means the online courses as detailed in the application by the Client.
  10. "we/us/our" means the Company.
  11. "you" means the Client.
2. The headings to these Conditions are for guidance only and shall not affect the construction of the Contract. The singular shall include the plural and vice versa.
3. A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
These Conditions
1. These are the terms and conditions on which we supply the Services to you.
2. Please ensure that you read these Conditions carefully, including our Privacy and Cookie Policy and our Website Terms of Use as you are deemed to have agreed to them all once this contract commences.
The Client Terms
1. Upon enrolling for your chosen course you expressly agree to the following:
  1. the information You provide must be accurate and truthful;
  2. your are required to update the company of any changes of your information, the company is not liable for any losses due to the wrong or inaccurate information they may hold;
  3. Upon enrolling for a course you must create a profile, if such profile includes any special category data (under the terms of the Data protection Act 2018), You expressly give your permission for its collection and retention in line with our Company’s privacy policy;
  4. You expressly agree that we may email you with the details of other courses which in our reasonable opinion may be of interest to you. You may request that we do not continue this service my emailing us at info@umindmapper.com
  5. You expressly agree that if you leave a testimonial, the intellectual property rights in that testimonial are irrevocably retained by the Company and may be used on the site or for other publicity purposes;
2. You acknowledge and agree that you will not share any material with any other person or entity. This is considered a material breach of these terms and may lead to the suspension or withdrawal of all services and the closure of You Accounts.
3. You acknowledge and agree that the set pieces and questions provided on the courses are not exams but exam practice only and do not provide any professional certification. Passing these mock assessments does not guarantee passing of the actual examination conducted by relevant professional bodies.
4. You acknowledge that certain courses are offered with variable CPD points accredited to them. The Company has no liability if your company or professional body does not accept and credit the CPD point accrued under the Services supplied by the Company.
Services Supplied
1. The quantity and description of the Services will be as set out in the application form. All samples, drawings, descriptive matter specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s website are issued or published for the sole purpose of giving an approximate idea of the Services represented by or described by them. They shall not form part of the Contract or have any contractual force.
2. The Company may change the format or content of the Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements where these changes will not affect the Client's use of the Services.
3. The Company may also change the fees payable for the Services, prior to commencement of the Services, but the Company will notify the Client of such change and the Client may contact the Company to end the Contract and receive a full refund before the change in fees payable takes place.
4. The Company warrants to the Client that the Services will be provided using reasonable skill and care.
The Fees
1. The Client agrees to pay the fees at the rates and in the manner set out at the time of their enrolment and application and in place at the date the Client's Order. Relevant taxes may apply depending on the changes taking place in the tax jurisdictions in which the Company operates.
2. Invoices will be submitted by the Company on course registration with an ‘Outstanding’ status, which will be changed to ‘Paid’ when an invoiced is settled by the Client.
3. The services will not be made available until payment has been received.
  1. in the event of nonpayment:
  2. The Company may charge interest on all outstanding monies due from the Client to the Company at the rate of 4% above the base rate of the Bank of England from the date of the invoice to the date of payment. The Client shall pay the interest together with the overdue amount.
  3. As set out in clause 7.1 and subject to clause 7.2, as a consumer you are entitled to a full refund within 14 days of the date of the Contract provided you have not used the Services.
  4. If the Client is a Company clause 5.3.3 does not apply.
  5. Subject to clause 7.4, due to the nature of the intellectual property within the course content the Company does not offer refunds once the Client's Order has been accepted by the Company and the Client has accessed the Services.
  6. All payments to be made by the Client under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim.
Course Access and Content
1. The company cannot guarantee that access to the online course materials will be uninterrupted, however the Company will use all commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for:
  1. planned downtime, of which the Company at least 8 hours’ notice which the Company will inform the Client of as soon as possible, taking into consideration different time zones.
  2. any unavailability caused by circumstances beyond the control of the Company, including without limitation, acts of God, acts of Government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems (other than those involving the Company employees), or Internet service provider failures or delays.
2. All course content is created in accordance with the current course syllabus and reasonable efforts are made to ensure that the materials are updated promptly, in light of significant changes to legislation and guidance, or requirements of the approving body.
  1. Except as specifically provided for by law the Company does not give any warranties, whether express or implied as to the currency, fitness or quality of the course materials or that the course materials are free from errors or defects nor that the offered CPD points will be accepted by the relevant professional bodies or employer.
3. Consumer Rights - Right to end the Contract
  1. Under The Consumer Rights Act 2015, you have a right to cancel the Contract within fourteen (14) days of the date of the legally binding Contract. If you wish to exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear written statement to this effect. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Statutory Cancellation Period has expired. If you cancel during the Statutory Cancellation Period, we will reimburse you the full fee received from you and you will not incur any costs as a result of the reimbursement. There is no Consumer right to cancel if you have accessed the Content of the Course prior to the statutory 14-day period.
  2. Subject to clause 7.1 above, the Client may contact the Company at any time to end the Contract for the Services, but if the Client has accessed the content or made any permitted download of materials or videos there will be no refund for the Services supplied.
  3. If the Company ends the Contract for a reason set out at (a) to (d) below the Contract will end immediately and the Company will refund the Client in full for any Services which have not been provided or have not been properly provided. The relevant reasons are:
  (a) the Company has told the Client about an upcoming change to the Services or these Conditions which the Client does not agree to (as set out in clause 4.3);
  
  (b) we have told you about an error in the price or description of the Services you have ordered and you do not wish to proceed;
  
  (c) there is a risk the Services may be significantly delayed because of events outside our control; or
  
  (d) you have a legal right to end the Contract because of something we have done wrong.
4. If the performance of the Services is suspended or cancelled at the request of the Client outside of the Statutory Cancellation Period or for a reason not set out in 7.3 (a) to (d) or is prevented or delayed by any act or omission by the Client or through any failure or delay by the Client, including but not limited to the performance of its obligations under clauses 9.1 below then the Company shall be immediately entitled to:
  1. full payment for Services commenced prior to suspension, cancellation or delay by the Client; and
5. cancellations by the Client must be provided to the Company in writing and we reserve the right to charge you an administration fee of up to 50% of the costs of the Services in addition to the standard price of these services.
Warranties and Liability
1. In the event of any breach of the Company’s express obligations under these Conditions the remedies of the Client will be limited to loss or damage the Client suffers that is a foreseeable result of the Company breaching this Contract or the Company failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both the Company and the Client knew it might happen, and this was disclosed prior to purchase of the services. In any event the loss or damages shall not exceed the fees paid by the Client for the Services.
2. The Company does not exclude its liability (if any) to the Client:
  1. for breach of the Company’s obligations that cannot be excluded or limited under the Consumer Rights Act 2015, if the Client is a consumer;
  2. for personal injury or death resulting from the Company’s negligence;
  3. for any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or
  4. for fraud.
3. It is hereby agreed by the Client that if the Company supplies the Service to the Client as a consumer the Company shall in no circumstances be liable to the Client for direct or indirect loss (including without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance except as set out in this clause 8.
4. Except as set out in clauses 8.1 to 8.3, the Company hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, expressed (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Client.
Clients Obligations
1. The Client agrees to give the Company such data and information relating to the Services as the Company may reasonably require within sufficient time to enable the Company to perform the Services.
2. The Client shall be responsible to the Company for ensuring the accuracy of any information submitted by the Client.
Intellectual Property Rights
1. Copyright in all course materials and other recorded archives whether made in connection with the website or course content and/or the Services or otherwise shall remain vested in the Company or its Licensors at all times.
2. No part of any course materials, or any other materials provided by the Company may be reproduced or transmitted in any form or by any means or stored in any retrieval system of any nature without prior permission, except as it may be permitted to do so under these terms or by law.
3. All course materials are the property of the Company and may not be copied, distributed, downloaded, uploaded, forwarded, published, reverse engineered, disassembled or used in any manner prejudicial to the Company’s interests and legal rights.
4. The course materials including written contents and videos is permitted for personal study only, any other use will infringe the intellectual property rights of the Company for which it reserves the right to bring legal proceedings.
5. The course materials available in the Learning Management System including the live class recordings will be no longer accessible after 3 months from the date of course completion. It is the responsibility of the trainee to review all the content or download whichever is permitted to be downloaded within the 3 months period.
6. The Company in some instances register candidates for assessments conducted by ACCA-UK on the request of the candidates, where the available courses or assessment will have a validity period of 6 months, and which is subject to change in the future. The Company is not responsible for the expiry of such assessments or access if candidates do not complete the assessments before the stipulated expiry date.
How we may use Your Personal Information
1. The Company will use the personal information the Client provides to it to:
2. The Company will not give the Client's personal data to any other third party unless there is a legal requirement.
Termination
1. The Company may by written notice terminate the Contract with immediate effect if the Client is in material breach of the Contract or enters into insolvency, bankruptcy, any arrangement with its creditors or any other arrangement or situation which has a like effect. Notwithstanding any other provision in these Conditions, failure to pay any sums due in accordance with clause 5.2 is a material breach of the terms of the Contract which is not capable of remedy.
2. The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Client or the Company accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.
Event outside our Control
1. Force Majuere - Neither party shall be liable to the other for any loss or damage suffered by either party or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of either party's obligations in relation to the Services, if failure was due to any cause beyond either party’s reasonable control including without prejudice to the foregoing Act of God, explosion, flood, tempest, fire or accident, wars or threat of war, sabotage, insurrection, an act of terrorism, civil disturbance or requisitions, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any government, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery, and power failure, pandemic or breakdown in machinery.
Other important Terms
1. Joint and Several - Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.
2. Severability - If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective, without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
3. Waiver - No failure or delay by the Company to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
4. Assignment - The Company may assign, delegate, license, hold on trust or subcontract all or any part of its rights or obligations under the Contract. The Contract is personal to the Client who may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without the Company’s prior written consent. The parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
5. No Guarantee - The Company offer no guarantee that the Services supplied to the Client will produce the required results. Others may attest to different results but nothing in these terms and conditions can be construed as a guarantee or assurance that your results will be as theirs.
Dispute Resolution
1. We all agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services (collectively, “Disputes”) shall be submitted to arbitration and will be settled by binding arbitration. If the Parties do not agree upon an arbitrator, either party may request a nomination from the chair of the Arbitration. We all agree and acknowledge that should any dispute arise that an appointment of an officer from The Centre for Effective Dispute Resolution (CEDR ) will be made and his/her recommendations will be adopted. We all agree and acknowledge that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. We all acknowledge and agree we are each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceeding. It is agreed and acknowledged unless all of us otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. This “Dispute Resolution” section will survive any termination of these Terms.
Law and Jurisdiction
1. These Conditions together with the Company’s standard order forms and the Contract shall be governed and construed in accordance with the laws of England and Wales and the Company and the Client submit to the exclusive jurisdiction of the courts of England and Wales.
2. The company feels that this agreement is of the highest legal and ethical standard. We have made use of the Laws of England and Wales in our privacy policy and terms and conditions. This jurisdiction continues to be the most commonly used jurisdiction for business contracts and the Courts of England and Wales is considered to be the most experienced in international business matters.
Communications
1. All communications to the Company shall be addressed to the Company at the address of the Company or by contacting the Company at info@umindmapper.com
Handling Your Complaints
1. In the event of a complaint, our aim is to resolve any complaint in a timely manner and generally resolve a matter within 5 business days.
2. We will keep you informed of the progress of your complaint from the date of your complaint.
3. Complex complaints may take longer than 5 days and we will update you on progress and likely timelines on a case by case basis.
4. When complaining please state your name and contact details, briefly describe the complaint, listing your specific concerns with the most important first. Please also tell us what you hope the outcome of your complaint will be.
5. Your complaint should be sent via e-mail to info@umindmapper.com
6. We will deal with your complaint in an open and honest way and will tell you who is investigating your complaint.
7. When we respond to your complaint, we will:
8. We take all complaints seriously and our management considers a summary of all complaints on a quarterly basis and makes corrective actions if required.
9. For the avoidance of doubt we treat negative feedback separately from a formal complaint
Variation of These Terms
1. Any variation to the Conditions of the Contract and any representations about the Services shall have no effect unless expressly agreed in writing and signed by a director of the Company.
2. The Client may not change or vary the contract without the express written consent of the Company.

Last updated 25th March 2022