The Parties to this agreement are AutoSwot Limited – referred to in this document as “AutoSwot” or “we” or “us”- and the Customers purchasing products & services from AutoSwot referred to as “you” or “your”.
For direct purchases of online courses via the AutoSwot website, done by clicking on the “Place Order” button, you agree to the terms and conditions as stated herein which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any online courses or other related services from us.
For purchases of online courses through a sale process managed by a representative of AutoSwot, the terms and conditions stated herein form part of the purchase agreement and you will be bound by them.
“AutoSwot” the company registered as AutoSwot Limited providing learning related Services, these being mainly online courses to its customers.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information readily available in the public domain, other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Contract” the agreement signed by both parties relating to the Services being provided by AutoSwot and purchased by the Customer.
“Course Materials” means the information provided by AutoSwot to accompany a course, provided as part of the Services, provided in hard copy or electronic form or any other presentational format.
“Customer” the individual, or the entity being represented by the individual, purchasing Services from AutoSwot and where AutoSwot has every reason to believe that the individual is authorised to do so.
“Fees” means the fees paid by you to AutoSwot Limited for the Services provided.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to
any Confidential Information and other Intellectual Property Rights (registered or unregistered).
“Online Course” means the delivery by us of an online learning course/s pursuant to which you learn course materials and facilitated remotely via our website or other online connection.
“Parties” AutoSwot and its Customer/s.
“Representative” an employee of AutoSwot or an authorised seller of Services provided by AutoSwot, being empowered to agree sales and purchase arrangements with customers.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a physical classroom setting, to which you and/or representatives of your Company attend in person for the purposes of learning.
“Website” means www.autoswot.co.uk
“You” means you as the Customer purchasing the Services and/or including employees of your Company accessing the Services purchased.
2. The Services
2.1. A description of the Services are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to assess and confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or any other opportunity from your purchase and completion of any of the Services.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services online you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password which will already have been provided to you.
Purchasing Services via an AutoSwot Representative or the Telephone
3.2 You do not need to have registered for an account with us to purchase any of the Services over the telephone or via a representative of AutoSwot. You must, however, register for an account with us before you will be able to access any course/s purchase.
3.3. When you place an order for Services or over the telephone or via a representative of AutoSwot, you are offering to purchase the Services on the terms and conditions herein. AutoSwot reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.4. Following receipt by us of your verbal /email confirmation or official ‘purchase order’ for Services agreed on the telephone or via a representative of AutoSwot we will contact you confirming receipt of this order and send you an official order form to accept/sign/return.
3.5. A legally binding agreement between us and you
shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received back from you the confirming copy of the order form;
3.6. Where your order consists of multiple Online Courses or multiple Taught Courses, these will be treated by us as a single offer to purchase. Acceptance of your offer to purchase multiple courses will apply only to the courses purchased at the time which make up your order.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then the arrangement becomes immediately enforceable.
4.2. If you have purchased an Online Course/s directly via the Website and have already started to access all or part of the Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 you might be able to vary the nature and make-up of the Online Courses purchased, by discussing this with AutoSwot.
5.1. The Fees for the Services shall be as set out on the Website or as advised to you over the telephone or by our representative at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT at the prevailing rate.
5.3. Fees for the Online Courses as selected by you directly on the Website shall be debited from your credit / debit card at the time of purchase at the rate stated. Fees for Online Courses purchased over the telephone or via a representative will be notified to you by email with an accompanying invoice. All fees must be paid, in full in accordance with the terms of payment as stated on the invoice, prior to you accessing any Online Course or attending any Taught Course.
5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own credit card account and AutoSwot shall not be responsible for these.
5.5. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice which might be used in connection with any investment purpose.
6.2. Although AutoSwot aims to provide the Services to the highest standards of the industry, neither it, nor its representatives accept any liability for (i) any inaccuracy or misleading information provided in the Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, AutoSwot’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit AutoSwot’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the statements made by representatives at the Taught Courses are, and remain, the intellectual property of AutoSwot or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are expressly not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written the permission of AutoSwot;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course provided by AutoSwot
(iii) use the Course Materials in the provision of any other course or training or by any third party trainer;
(iv) remove any copyright or other notice of AutoSwot on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course/s for the sole purpose of completing the Online Course/s and / or attending the Taught Course/s.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay your fees when due;
- act in an aggressive, offensive, threatening or harassing manner towards any employee of AutoSwot or any representative who provides the Taught Courses;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
12. Force Majeure
AutoSwot shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). The full details of the principles governing our Use of Data are contained in our published Privacy & Cookies Policy. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside AutoSwot without your permission.
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Should any of our Services link to third party websites in such event we are not responsible for their data policies or procedures or their content.
14.6. AutoSwot will endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
14.7. If you wish to change or update the data we hold about you, please e-mail email@example.com or contact us on 01865 342103.
15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
You can contact us by any of the following methods:
Post: AutoSwot Limited, The Clock Barn, Little Baldon, Oxford OX44 9PU
Telephone: 01865 342103