Important: Please read before you commence your course. This will explain your rights and our cancellation/Returns Policy. Please do not ignore!
In consideration of the agreements made herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each party shall agree as follows:
For the purposes of these terms:
Headings; Number and Gender. The headings of sections and paragraphs are inserted for convenience only and shall not be deemed to constitute part of this agreement or to affect the construction thereof. The use in this agreement of singular, plural, masculine, feminine and neuter pronouns shall include the others as the context may require.
'We' and 'us' means Learning Cloud who will provide the services to you.
'You' means the student receiving the services. You as a student of Learning Cloud must be a New Zealand Citizen or Permanent resident and we do not accept international students.
'Course' means a distance learning course or course designed and developed by us including all revisions and updates to such course as we may make from time to time.
'Course Materials' means the physical materials relating to any one course, together with all revisions and updates made by us from time to time, which may be in any format and which are required by the student to complete the course.
We affirm that the course materials will meet a satisfactory level of quality however; we do not affirm that they will be error free.
You will be responsible for inspecting the course materials as soon as is reasonably possible following delivery. Furthermore, you will be responsible for informing us about any oversight within 7 days of delivery at the requested delivery address.
We retain the sole discretion concerning whether a course may be transferred from you to a third party (Another student). Any such request must be made to us in writing at our head office. We will treat all justifiable requests as compassionately as possible.
If we agree to allow you to transfer to another course the total fees paid towards the discontinued course will be offset against the cost of the new course. However we will require that if the new course is more expensive than the discontinued course, the balance should be paid in full and there will be a standard $50 transfer fee.
We are unable to transfer any student to a different course once your course has expired.
We warrant that we will carry out the service to you with a reasonable level of care and skill.
If you require any changes to these terms, please request such changes in writing to the address above.
Any liability under any agreement between you and us shall be limited to any sums paid by you to us.
As far as permitted by law, we shall not be liable to any person for losses or damages that were not reasonably foreseeable and that were not caused by any breach on our part.
We shall not be liable to any person for any direct or indirect loss or damage as a result from your course enrolment. Any liability that does arise will be limited to the course fee paid.
None of the conditions or provisions of this Agreement shall be held to have been waived by either party, except by an instrument in writing signed by a duly authorised officer or representative of each party. The waiver by either party of any right hereunder or the failure to enforce at any time any of the provisions of this Agreement, or any rights with respect thereto, shall not be deemed to be a waiver of any other rights hereunder or any breach or failure of performance of the other party.
All outstanding debts to us must be made before we will issue you with a certificate of completion.
We reserve the right to refuse enrolment on any of the courses we offer.
If you are using a student agreement and paying for the course by instalments, you agree to pay the instalments promptly on the dates specified in the agreement irrespective of the speed at which you are studying.
All copyright and other intellectual property rights relating to the course materials are either owned by or licensed to us. Copying, adaptation or any other use of all or any part of it without our express permission is strictly prohibited.
If at our discretion we afford you any relaxation of these terms, this shall in no way affect our rights under these terms and conditions.
This Agreement shall be interpreted in all respects in accordance with the law of New Zealand. The parties hereby submit to the exclusive jurisdiction of the New Zealand courts for the determination of any question or dispute arising in connection with this Agreement.
If the whole or any part of any clause(s) of this Agreement is or becomes invalid for any reason, that invalidity shall not affect the validity of any other provision.
You are required to notify us in writing of any changes to your postal address or personal details.
According to the Distance Selling Regulations 2000, you have a cooling off period of 7 days (5 working days) from receipt of goods at the requested delivery or email address.
This period allows an unconditional right to cancel. You will be required to make such a request in writing to us at our head office or via email to [email protected]
Materials issued via post are to be returned at students cost via a traceable method in a satisfactory and unused condition. We are unable to accept any returns for courses containing software once the software has been loaded onto your PC. If a student accesses more than 25% of their online course material this will be deemed as satisfactory for your needs and any requests for cancellation will be declined.
Learning Cloud is not responsible for any changes in your personal circumstances. We will not be held liable for any unforeseen changes in your circumstances once you have enrolled and course materials have been accepted at the requested address. In these circumstances an extension may be offered allowing additional time for completion. Any requests to cancel on these grounds will be declined.
It is the student's responsibility to arrange access to the working environment if required. We advise students to arrange this prior to enrolment. Learning Cloud does not arrange placements for students. Any agreement for placement is between the student and employer. Please ensure you are able to access your placement for the duration of your course. Learning Cloud is not responsible if your offer of placement is withdrawn.
We advise students to check that any qualification attached to any of courses meets their needs prior to enrolment. Our courses are recognised by industry bodies and the International Approval and Registration Centre. We make no claims that your qualification will be recognised by an individual employer. We would advise you to check with any potential employer of their requirements.
We are committed to protecting your privacy and keeping your personal information secure. We will not disclose your details to any person, unless you have given your consent or we are compelled to do so by law or in response to a valid, legally compliant request by any law enforcement agency or government authority.
Please note: We are unable to correspond with any third party regarding your course, course progression, certification or payments. Any information/correspondence required must be requested by the registered student or parent if student is less than 18 years of age.