Last update date: 7th June 2017
This page tells you information about us and the legal terms and conditions (Terms) on which we sell any of the e-learning courses or qualifications (Online Services) and books, exam vouchers or software right-to-use licenses (Products) listed on www.advantagecaribbean.com (our site) to you.
These Terms will apply to any contract between us for the sale of Online Services and Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Online Services or Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Online Services or Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 3. Every time you wish to order Online Services and/or Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us are only in the English language.
1, INFORMATION ABOUT US
1.1 We operate the website www.advantagecaribbean.com. We are Advantage Caribbean Institute Limited, a company registered in Barbados under company number 14634 and with our registered office at Suite 7, Courtyard by Marriott, Hastings, Christ Church, BB15156, Barbados, West Indies
Our VAT number is 20146348.
1.2 Contacting us:
(a) If you wish to contact us for any reason telephone us at +246 622-0748 or e-mail us at email@example.com
(b) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 Our website pages will guide you through the steps you need to take to place an order with us. 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.
2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 2.3.
2.3 We will confirm our acceptance to you by sending you an e-mail that confirms either:
(a) your Product has been dispatched
(b) your login details and link to e-learning course
(c) you have been accepted as a student on the relevant course or qualification
each being a Dispatch Confirmation.
The Contract between us will only be formed when we send you the Dispatch Confirmation.
2.4 If we are unable to supply you with an Online Service or a Product, for example, because that Product is not in stock or the Online Service is no longer available we will inform you of this by e-mail and we will not process your order. If you have already paid for the Online Service or Product, we will refund you the full amount including any delivery costs charged as soon as possible.
3. OUR RIGHT TO VARY THESE TERMS
3.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
3.2 Every time you order Online Services or Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
3.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements;
3.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel in respect of the Online Services or Products you have yet to receive or access only.
4. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, subject to the conditions set out in the rest of clause 4, you have a legal right to cancel a Contract during the period set out below in clause 4.2. 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 or keep a Product or you do not want to undertake or access an Online Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract is 10 days after the date of the Contract (the Cancellation Period).
4.3 If you commence an Online Service, for example starting an e-learning course or distance learning qualification by logging into the relevant website following receipt of the Dispatch Confirmation during the Cancellation Period, you are expressly requesting the commencement of the supply of the relevant Online Service provided by us during the Cancellation Period.
4.4 In the case of an e-learning course, the Online Service will be fully performed as soon as you access the relevant portal using the information provided in the Dispatch Confirmation.
4.5 If you access an e-learning course or complete an online qualification during the Cancellation Period we have fully performed our supply of the relevant Online Service (and therefore our obligations under the Contract) and your cancellation rights (and rights to a refund) will be lost.
4.6 If you partially complete an online qualification during the Cancellation Period you will be able to cancel the Contract but the value of any refund will be reduced in proportion to the value of the online qualification you have received as a result of the partial completion of the online qualification.
4.7 In relation to any Products sent to you as part of the Contract, you will be entitled to a refund if you cancel during the Cancellation Period but we are permitted to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by damage through excessive handling. The cost of original shipping, handling, taxes, duties or levies is not refundable.
4.7.1 In the case of Software right to use, licenses and subscriptions, orders may not be cancelled once the software ESD license has been activated. Returns are subject to vendor’s terms and conditions.
4.8 In qualifying circumstances, we will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
4.9 Because you are a consumer, we are under a legal duty to supply Online Services and Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Online Services and Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 4 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
4.10 Any Online Service supplied under this Contract is personal to you and you agree not to copy or share the Online Service (including the log-in or access details required to gain access to and use an Online Service) with other businesses or individuals. Payments for Online Services are per user and a new Contract will need to be entered into for each new user of any Online Service. Software products, right-to-use, subscriptions are subject to the vendor’s Terms & Conditions.
5. PRICE OF PRODUCTS AND DELIVERY CHARGES
5.1 The prices of the Online Services and Products will be as quoted on our site at the time you submit your order.
5.2 Prices for our Online Services and Products may change from time to time, but changes will not affect any order you have already placed.
5.3 The price quoted for an Online Service or Product excludes VAT which will be applied (where applicable) at the applicable current rate chargeable in Barbados for the time being at the point of sale. VAT will not be applied to educational products and services.
6. HOW TO PAY
6.1 You can only pay for Online Services and/or Products using a debit card or credit card through our online payment systems provided by our payment partners, Paypal. (or Plugn Pay or by direct debit using XXXX if the invoice option is selected.) Payments may also be made cash, local cheque or USD draft at our physical offices.
6.2 Payment for the Online Services and/or Products and all applicable charges is in advance. Monthly payment plans are available for our distance learning qualifications (payable by credit card using Plugn Pay or direct debit using xxxx). Payments may also be made cash, local cheque or USD draft at our physical offices. PayPal is not accepted for monthly payment plans.
6.3 We do not accept any responsibility or liability for the processing of your personal data by our payment partners described in clause 6.1. Please refer to the relevant payment partner’s terms and conditions when you make your payment for information on your legal rights in relation to the processing of your data by the payment partners.
7. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 7 only applies if you are a business customer.
7.1 If you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use our site to purchase Online Services and/or Products.
7.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7.5 We only supply the Online Services and/or Products for internal use by individuals in your business, and you agree not to copy or share the Online Service and/or Product with other individuals within your business or other businesses or individuals outside your business or use the Online Service and/or Product for any purpose including resale.
7.6 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms or defective products under the Consumer Protection Act, CAP. 326D.
7.7 Subject to clause 7.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
7.8 Subject to clause 7.6, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Online Service or Products.
7.9 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Online Service and/or Products. 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 Online Services and/or Products are suitable for your purposes.
8. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 8 only applies if you are a consumer.
8.1 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, but we are not responsible for any loss or damage that is not foreseeable. 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.
8.2 We only supply the Online Services and/or Products for domestic and private use. You agree not to use the product 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.
8.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation
(c) breach of the terms or defective products under the Consumer Protection Act, CAP. 326D.
9. COMMUNICATIONS BETWEEN US
9.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
9.2 You may contact us as described in clause 1.2.
10. OTHER IMPORTANT TERMS
10.1 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.
10.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
10.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
10.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 If you are a consumer, please note that these Terms are governed by Barbados law. This means a Contract for the purchase of Online Service and/or Products through our site and any dispute or claim arising out of or in connection with it will be governed by Barbados law. You and we both agree to that the courts of Barbados will have non-exclusive jurisdiction.
10.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Barbados.
10.7 If you are a business, we both irrevocably agree that the courts of Barbados shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).