Online Course Terms and Conditions

These General Terms and Conditions in addition to the Website Terms of Use apply to the sale of any Online Course. Please read these General Terms and Conditions carefully before purchasing an Online Course, and consider printing off a copy for your records.

WhichPLM Academy will not file or otherwise keep a copy of any agreement concluded between you and WhichPLM Academy, and a copy of the concluded agreement will not be available from WhichPLM Academy at a future time and date. By ordering an Online Course, you are confirming your agreement to be bound by these terms and conditions.

If there is any conflict between these General Terms and Conditions, the Website Terms of Use and any applicable Additional Terms and Conditions, the conflict shall be resolved according to the following order of priority;

  1. The Additional Terms and Conditions
  2. The General Terms and Conditions
  3. The Website Terms of Use.

www.whichplmacademy.com is operated by WhichPLM Limited, whose registered office is, 1, Jeremy’s Barn, Lily Lanes, Ashton-under-Lyne, OL6 9AE, United Kingdom, registered in England and Wales under company number 7055021.

1. Definitions

  • “Asynchronous Online Course” means an online course, which does not have a predetermined start date and is available for study by you immediately following confirmation of your payment to WhichPLM Limited.
  • “Synchronous Online Course” means an online course which has a predetermined start and finish date and time, and which is available for study by you only at that allotted time.  These courses must be purchased through a WhichPLM Academy representative, and are not available for sale through the Website.
  • “WhichPLM Academy” is a brand of WhichPLM Limited, although the use of WhichPLM Academy and WhichPLM Limited may be interchanged as the context requires.
  • “Course Fee” means the fee payable for the Online Course and shall include any VAT payable, and any import duties, taxes and customs clearances which may be payable.
  • “Terms” means these General Terms and Conditions, the Additional Terms and Conditions and the Website Terms of Use if you purchase on Online Course over the internet.
  • “Website” means www.whichplmacademy.com.
  • “you” means the individual purchasing the Online Course.

2. Ordering procedure

2.1 Ordering via the Website

  • 2.1.1 In order to purchase an Online Course via the Website you must register for an online WhichPLM Academy account via the Website. If you already have an online WhichPLM Academy account, you can log onto your account using the user name and password that you were provided with when you registered.
  • 2.1.2 When purchasing an Online Course via the Website, you can change your order at any time up to the point at which you click the “Purchase” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your shopping cart.

2.3 When you place an order for an Online Course you are offering to purchase that Online Course on these Terms. WhichPLM Academy reserves the right to decline or cancel your order, or any part of your order.

2.4 Following receipt by WhichPLM Academy of your order for an Online Course via the Website, you will receive an automated email confirming that your order has been received by WhichPLM Academy. Your order will then be subject to processing by the secure payment gateway designated by WhichPLM Limited, and acceptance by WhichPLM Academy of your offer to purchase will be made in accordance with Clause 2.5 below.

2.5 A legally binding agreement shall not come into existence until WhichPLM Academy has (i) accepted your offer to purchase an Online Course by sending you a separate order confirmation email; and (ii) received payment for the Online Course in cleared funds from you.

2.6 Where your order consists of multiple Online Courses, each individual Online Course will be treated by WhichPLM Academy as a separate offer to purchase, although the Website shopping cart and checkout functionality allows multiple Online Courses to be paid for at once. Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by WhichPLM Academy of your offer to purchase any other Online Courses which make up your order.

2.7 WhichPLM Academy reserves the right to withdraw at any time Online Courses advertised for sale on the Website.

3. Payment Terms

3.1 The Course Fee for any Online Course at any given time will be displayed on the Website and/or will be notified to you by a WhichPLM, WhichERP, or WhichPLM Academy representative. Course Fees are quoted in pounds sterling, inclusive of VAT but exclusive of any import duties, taxes and customs clearances which may be payable.

3.2 If you purchase an Online Course on the Website:

  • 3.2.1 the Course Fee including VAT and any delivery charges payable in relation to delivery of course materials, if applicable, will be shown prior to completion of the online transaction;
  • 3.2.2 WhichPLM Limited will debit the Course Fee from your credit card or debit card on or after the day you make an order for an Online Course. Credit or debit card details are collected over a secure link (using SSL encryption) and an authorised amount verification is taken immediately. At the time of collection of these details you will be asked if you would like to register these card details with us to facilitate future orders. If you have agreed to your card details being stored, they will be stored securely by WhichPLM Academy and/or our third party payment service providers and, unless you tell us otherwise, we will use these card details for payments in connection with this and any future order you may place with WhichPLM Academy. Your order will be confirmed only upon receipt of the Course Fee in cleared funds by WhichPLM Academy and will be subject to acceptance of your offer to purchase by WhichPLM Academy in accordance with Clause 2.5.

3.3 If you are ordering the Online Course by telephone, email, fax or post:

  • 3.3.1 the Course Fee is set out on the Website, and/or will be notified to you by a representative of WhichPLM, WhichERP, or WhichPLM Academy; and
  • 3.3.2 payment is due from you immediately by either credit or debit card. Your order will be subject to acceptance by WhichPLM Academy of your offer to purchase in accordance with Clause 2.5.

3.4 WhichPLM Academy reserves the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee displayed on the Website is incorrect, WhichPLM Academy will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in the Brochure then WhichPLM Academy will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order at the increased Course Fee. If you decide you want to cancel your order, WhichPLM Academy will give you a full refund in respect of any amount you have already paid in accordance with Clause 4. If the correct Course Fee is lower, WhichPLM Acadeny will refund you the difference only between the amount which you have paid and the correct Course Fee payable.

3.5 The provision of the Online Course is contingent upon WhichPLM Limited having received cleared funds from you in respect of the Course Fee for the relevant Online Course. Without prejudice to WhichPLM Academy’s rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date, WhichPLM Limited reserves the right, forthwith and at WhichPLM Limited’s sole discretion, to suspend the provision to you of the relevant Online Course.

4. Cancellation and Deferral Terms

4.1 Under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of a Synchronous Online Course before the course start date of such course and within a period of 7 working days beginning on the day after the day on which the contract is concluded with you as notified by email from WhichPLM Academy in accordance with these Terms. For further details of your rights under the Distance Selling Regulations you can visit your local Citizens’ Advice Bureau or visit the Office of Fair Trading website.

4.2 WhichPLM Academy may cancel an Online Course at any time. If WhichPLM Academy cancels an Online Course, Clause 4.3 below will apply.

4.3 If you or WhichPLM Academy cancel an Online Course then subject to Clauses 4.1, if you have paid the Course Fee, WhichPLM Academy will credit the Course Fee (less payment processing charges) to your credit or debit card (that you used to pay the Course Fee) as appropriate (or if you have paid by cheque by sending you a cheque) within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.

4.4 You may cancel pursuant to Clause 4.1 by post or email using the contact details that are set out at the end of these Terms. Notice will be deemed to be given in accordance with the time period set out in 16.10.

4.5 Please note that you cannot cancel your purchase of an Asynchronous Online Course due to the content being available immediately to you once purchased.

4.6 Except as set out above, no cancellations will be permitted by you for an Online Course.

5. Online Course contents and Access terms

5.1 Please see the description of the Online Course on the Website for details of the contents of the available Online Courses.

5.2 Except as set out in the description of the Online Course on the Website, no additional course materials and/or tuition (either online, face to face or classroom) will be provided by WhichPLM Academy.

5.3 Upon receipt of a confirmation email from WhichPLM Academy you will be notified of how you can access the Online Course in question, and for the length of time such access will be made available to you, unless any such Online Course is removed.

5.4 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person by sharing access to your E-Learning account or through any other methods.

5.5 You may incur charges to your internet service provider while you are accessing the Online Course. Charges may also be payable to third parties for use of the software necessary to access the Online Course. You are responsible for paying these charges.

5.6 You acknowledge that WhichPLM Academy operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular abusive or violent behaviour directed at WhichPLM Academy’s staff or, in the case of Synchronous Online Courses, other students and unfair or dishonest practices including but not limited to cheating (where full examinations are concerned), will not be tolerated under any circumstances. WhichPLM Academy may at its reasonable discretion and without liability or an obligation to refund Course Fees, refuse to supply any Online Course to any student.

7. System Requirements

Please note that it is your responsibility to check that the computer you plan to use to access the Online Course is compatible with the minimum specification requirement that relates to the Online Course you are ordering. You acknowledge and accept that WhichPLM Academy cannot be held responsible for any technical problems you encounter following the purchase of an Online Course.

8. Modifications to content of existing courses or technology enhancements

From time to time, WhichPLM Academy may make modifications, enhancements or issue clarifications to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.

9. Technical Support and Access

9.1 WhichPLM Academy will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.

9.2 If you report a fault to WhichPLM Academy, WhichPLM Academy will use reasonable endeavours to provide a solution but WhichPLM Academy does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from WhichPLM Academy then WhichPLM Academy will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.

9.3 WhichPLM Academy is not obliged to offer you any technical support in relation to your use of the Website but WhichPLM Academy may elect to offer technical support and the extent of any such technical support is entirely at the discretion of WhichPLM Academy.

9.4 You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical support may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

9.5 WhichPLM Academy will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. WhichPLM Academy reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

9.6 You also accept and acknowledge that WhichPLM Academy cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:

  • 9.6.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
  • 9.6.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
  • 9.6.3 failures of telecommunications links and equipment; or
  • 9.6.4 updated browser issues.

10. Warranties

10.1 WhichPLM Academy expects you to take reasonable care to verify that the Online Course in question will meet your needs. WhichPLM Academy does not make any commitment to you that you will obtain any particular result from the Online Course or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).

10.2 WhichPLM Academy does not make any representation, guarantee or commitment to you that the Online Course will be error free.

10.3 WhichPLM Academy does not make any commitment that the Online Course will be compatible with or operate with your software or hardware.

10.4 All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

11. Limitation of liability

11.1 The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or willful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

11.2 Except as set out in these Terms, WhichPLM Academy shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

  • 11.2.1 indirect or consequential losses;
  • 11.2.2 loss of income or revenue;
  • 11.2.3 loss of business;
  • 11.2.4 loss of anticipated savings; or
  • 11.2.5 loss or corruption of data.

11.3 WhichPLM Academy is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Study Materials, and (ii) all data that you are inputting when completing the Online Course.

11.4 Save as otherwise set out in this section “Limitation of liability”, WhichPLM Academy’s maximum aggregate liability to you for any claims that you may have against WhichPLM Academy for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course, your use of any course materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you or on your behalf.

11.5 WhichPLM Academy will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause, which is beyond WhichPLM Academy’s reasonable control. This condition does not affect your statutory rights.

11.6 Each provision in this Clause 11 shall be construed separately as between you and WhichPLM Academy. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.

12. Disclaimer

12.1 The Online Courses are for training purposes only. WhichPLM Academy will not accept any responsibility to any party for the use of the Online Course for any purpose other than training for educational purposes, including but not limited to the giving of advice by you to any third party.

12.3 Except where this is expressly contradicted by a Senior Representative of WhichPLM Limited, completion of one or more Online Courses does not confer upon the student any accreditation, certification, endorsement, or an other approval – tacit or explicit.

13. Intellectual Property

13.1 At all times, WhichPLM Academy and/or its licensors, remain the owner of the intellectual property in the Online Courses and any course materials. No Online Course and/or course materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted any form or by any means without the prior written permission of WhichPLM Academy.

13.2 In consideration of receipt by WhichPLM Academy of the Course Fee, WhichPLM Academy grants to you a non-exclusive, non-transferable licence to use any course materials for the sole purpose of studying for the Online Course.

13.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the course materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Course or course materials or create derivative works based on the whole of or any part, or which incorporate, the Online Course or course materials into any software program. Use of any course materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either WhichPLM Academy’s copyright or WhichPLM Academy’s other intellectual property rights, and / or the copyright or other intellectual property rights of WhichPLM Academy’s licensors.

14. Data Protection

14.1 WhichPLM Academy will process the information it receives from you or otherwise holds about you in accordance with these Terms.  You consent to the use by WhichPLM Academy of such information in accordance with these Terms and WhichPLM Academy’s privacy policy. You have the right to receive details of the personal information held by WhichPLM Academy. A fee of £10 will be payable. For more information, please refer to WhichPLM Academy’s privacy policy.

14.2 In the event that you do not wish to receive marketing correspondence from WhichPLM Academy or any member of the WhichPLM group of brands, a written request or email should be sent to the contact details set out at the end of these Terms.

16. General

16.1 WhichPLM Academy reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.

16.2 WhichPLM Academy reserves the right to recover any reasonable debt collection costs in connection with these Terms.

16.3 WhichPLM Academy may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.

16.4 These Terms, the Additional Terms and Conditions and the Website Terms of Use (if you purchase the Online Course via the Website) constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms.

16.5 You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.

16.6 WhichPLM Academy may assign, transfer or sub-contract any of its rights or obligations under these Terms to any third party at its discretion.

16.7 No relaxation or delay by WhichPLM Academy in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by WhichPLM Academy in writing.

16.8 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

16.9 Any notices required to be served on you by WhichPLM Academy under these Terms will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, notified by you to WhichPLM Academy at WhichPLM Academy’s discretion. Any notices required to be served on WhichPLM Academy by you will be deemed properly served if sent to the address as per clause 17.

16.10 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.

16.11 The agreement between you and WhichPLM Academy will be concluded in English only.

16.12 The agreement between you and WhichPLM Academy which is compromised in these Terms is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.

16.13 These Terms, and any other matters arising out of or in relation to these Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes, which may arise out of or in connection with these Terms.

17. Contact us

WhichPLM Academy

1, Jeremy’s Barn
Lily Lanes
Ashton-under-Lyne
OL6 9AE
United Kingdom

Telephone: 0161 330 5077

Email: info@whichplmacademy.com