Terms and Conditions of Sale

This website is owned and operated by Xenonex Ltd (otherwise referred to as ”we”, “our” or ”us”), a company limited by shares that is registered in England and Wales with the company number 6722946 and the registered office address of 4 Leadhall Way, Harrogate, HG2 9PG.

These terms and conditions apply to all orders you, the customer (“you”), place with us via this website and constitute the entire and only agreement between us. Please read these terms and conditions carefully before ordering any of the online courses and other services displayed on our website (“Services”). You should understand that by ordering any of the Services displayed on our website, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.

Use of our Website

Your use of our site is governed by our Terms and Conditions of Website Use. Please take the time to read these, as they include important terms which apply to you.

The website and courses remain the property of Xenonex Ltd and we reserve the right to remove access to this website (and the Services) in respect of anyone who does not comply with the above terms of use. In such circumstances no refund shall be made in respect of services that are no longer accessible.

Placing an Order

You may place an order with us through this website in relation to the Services sold on our website. We will send you an email acknowledging your order, which will confirm the order details and details of how to access the purchased Services. A binding contract will only come into force between us once you have received this acknowledgement email.

Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. It is your responsibility to ensure the details you give us are correct.

Please ensure that you have read and understood the minimum system requirements to run our on line courses

All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

Description

All descriptions, specifications, and overview information displayed on our website in relation to the Services are issued or published for the sole purpose of giving an approximate idea of the Services to be provided. They will not form part of the contract between us. The Services delivered may differ in non-material respects from the information provided on our website.

We may make any change to the specification or design of the Services which are required to conform to any applicable safety, statutory or regulatory requirement, or do not materially reduce their quality. We can do this at any time, without notice to you.

Price of the Services

All prices are subject to change without prior notice.

The price(s) of the services are displayed on our website at the time you place your order. Unless stated otherwise, all prices stated on our website are inclusive of value added tax (VAT).

In the unlikely event that our website displays an incorrect price, we will not be obliged to supply the services at the incorrect price, even if we have accepted your order. You will be notified should this situation occur.

Payment

For your order to be processed we require payment in full for all the services you order. Payment for the services will be taken through our third party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

Upon purchase of any ILM programme or other Xenonex courses (both on or off-line), clients will be liable for all payments in full (or for all staged payments) whether they complete the programme or not.

For any ILM programme that requires the submission of assessments, the purchase price that a client makes covers our overall programme fee plus one mark and one re-mark per assignment. If additional re-marks are required over and above this they will incur an additional charge.

If clients wish to change their Programme title (e.g. transfer from Certificate to Diploma) after purchase has been compoleted they will be liable for a re-registration fee from ILM.

Cancellation and Refunds

You may cancel any order for services (or part thereof) and receive a refund in respect of such at any time before such services (or part thereof) are accessed. Please note: You will not be able to cancel an order for any part of the services once they have been accessed.

If you do not access the Services during the three (3) months following the date on which they were ordered, we reserve the right to cancel the order and withdraw your access to such services. You will not receive a refund if the order is cancelled as described in this paragraph.

The Services will be deemed to have been “accessed” when the relevant online course is commenced or any associated materials are loaded or viewed by someone utilising your account. Please therefore ensure that your log in details are kept safe at all times.

Privacy

Please refer to our Privacy Policy on our website for full details on how your personal information will be handled and processed by us.

Liability

Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of the services.

We do not exclude or attempt to limit in any way our liability:

for personal injury or death resulting from our negligence;
for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
for fraud or fraudulent misrepresentation.

Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

We will perform and deliver the services with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the services are suitable for your purposes and do not guarantee any specific results from participating in the online learning courses.

Events outside of our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an “Event outside of our control”.

An “Event Outside of Our Control” means any act or event beyond our reasonable control, including without limitation, server failures, software failures, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Our Right to Vary These Terms

We may revise these terms from time to time. Examples of circumstances when we may revise our terms include:

Changes in how we accept payment from you
Changes in relevant laws and regulatory requirements
Or any other changes to our operating or delivery processes.

Every time you order Services from us, the terms in force at that time will apply to the contract between you and us. Please ensure you read carefully before purchasing.

General

We try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason), we shall not be liable even if this means you cannot access the services during that period. We aim, wherever possible, to keep you as informed as possible.

If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

These terms and conditions (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.