Terms and Conditions

Terms and conditions

Please read these terms and conditions carefully before using this site.

Effective date: March 2024

Background
Horizon eLearning provides on-line training courses corporate customers and individual customers via our site - www.horizonelearning.com. These terms and conditions shall form the basis of the contract for the provision of courses by Horizon eLearning to its customers. You accept and agree to be legally bound by these terms and conditions if you access our site/platform and services through any means.

Definitions and interpretation

In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“account” - means the personal area of our site created where customers can administer/access their training.
“applicable laws” - means all laws, statutes, regulations, and similar instruments from time to time in force applicable to the parties, the courses, and to the contract.
“certificate” - means the official document issued to a learner on successful completion of a course.
“Confidential Information” - means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with the contract (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).
“Content” - means all text, information, data, software, executable code, images, audio or video material in whatever medium or form contained in the courses and within our site for the provision of them.
“Contract” - means the agreement for the provision of courses entered into by Horizon eLearning and a customer for the provision of the courses in accordance with and on the basis of these terms and conditions.
“confidential information” - means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with the contract (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such).
“content” - means all text, information, data, software, executable code, images, audio or video material in whatever medium or form contained in the courses and within our site for the provision of them.
“courses” - means the online training courses and any associated assessment provided by Horizon eLearning to the customer in accordance with the contract.
“customer” - means both individual customers and corporate customers, who may be learners, buyers or managers or a combination of these.
“We/Us/Our” - means Horizon eLearning.
“You/Your” - means the customer.
“Intellectual Property Rights” - means copyright and related rights, trade marks, business names, domain names, rights in get-up and trade dress, goodwill and the right to passing off actions, design rights, database rights, rights subsisting in software, rights to use confidential information and the right to protect the same, and any and all other intellectual property rights, whether registered or unregistered, including applications and the right to apply for (and be granted) renewals or extensions of, and rights to claim priority from, any such rights and any and all equivalent rights or other forms of protection subsisting now or in the future anywhere in the world.
“Learner” - means an individual customer who accesses a course for themselves.
“LMS” - means the learner management system provided to all customers to enable learners to access the courses.
“Order” - means the individual customer’s order for the courses as set out in the customer’s order confirmation.
“Order Confirmation” - means the email (or webpage) that provides the access instructions to create or login to the account and enables the customer and/or learner to access the course(s) and forms the contract between the parties under these terms and conditions.
“Our Site” - means www.horizonelearning.com.

The contract

An order shall constitute a contractual offer by the customer to procure a course from Horizon eLearning in accordance with and on the basis of these terms and conditions.
An order shall be deemed to be accepted by Horizon eLearning upon the issuing of the order confirmation.
Courses are accessed via logging in to the learner management system on our site.
On successful completion of a course, Horizon eLearning will issue the learner with a certificate. The certificate will be provided in pdf format.
Certificates issued to a learner remain the property of Horizon eLearning .
Horizon eLearning grants customers and learners an irrevocable, non-exclusive, fully paid-up, royalty-free, non-transferable non-sublicensable licence to use or copy the certificate for the purpose of attesting the learners successful completion of a course.
Certificates can be validated by contacting us via our website.
No advertising, promotional literature, descriptive matter, drawings, samples, catalogues, brochures, or similar material issued or published by Horizon eLearning in any format or medium shall form part of the contract or have any contractual force. Such material is provided by Horizon eLearning only for promotional purposes and for providing an approximate description of the services available from Horizon eLearning .
Our site will guide customers through the process of setting up an account and purchasing a course or courses.
All of our courses are online and details for how to access them will be provided on the issuing of the order confirmation. Occasionally our delivery to you may be affected by an event outside our control.
In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why in writing. No payment will be taken under normal circumstances.

Provision of the course

With effect from the date stated in the Order Confirmation, Horizon eLearning shall, throughout the term of the Contract, provide the Course(s) to the Customer.
The customer shall provide all co-operation that is reasonably required by Horizon eLearning to enable Horizon eLearning to provide the course.
Any failure or delay in the provision of the courses by Horizon eLearning which results from the customer’s failure or delay in complying with any of its obligations under the contract shall not be the responsibility or fault of Horizon eLearning .
The learner warrants that they alone will take the course and any associated assessment allocated to them.
The customer and/or learner shall not alter any certificate issued by Horizon eLearning .
Should a customer or learner breach any of these obligations (malpractice) Horizon eLearning will disqualify the learner and invalidate the certificate.
The customer agrees that any third party who has been provided with the learner name from whatever source shall be able to validate the certificate by contacting Horizon eLearning.
Unless agreed in writing with Horizon eLearning the customer will not permit the courses to be resold to any third party.

Fees, payment, and records

The fees shall be set out in the order. The fees shall be the full and only consideration payable to Horizon eLearning with respect to its provision of the courses.
Any fees for the provision of the courses will be as quoted on our site at the time the customer submits the order. Horizon eLearning takes all reasonable care to ensure the course fees are correct when published on our site.
Fees for our courses may vary from time to time, but changes will not affect any order you have already placed.
The price of a course on our site include all applicable taxes.
Our site contains a large number of courses. It is possible that, despite best efforts, some of the courses on our site may not be correctly priced. Should Horizon eLearning discover an error in the price of the course on the order we will contact the customer to advise of the error and provide the customer with the option of continuing to purchase the course at the correct price or cancelation of the order. Horizon eLearning will not process the order until we have the customers instructions. If the customer cannot be contacted by the contact details provided when the order was submitted, Horizon eLearning will consider the order cancelled and notify the customer in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by the customer as a mispricing, Horizon eLearning shall be under no obligation to provide the courses to the customer at the incorrect (lower) price.
Payment for the courses and any applicable payment processing fees are usually made in advance.
Customers can pay for courses using a debit card, credit card and mobile payments services.

Complaints and appeals

If you consider you have been treated unfairly or have a complaint relating to our products or the quality of service you have received from us, we welcome your feedback and see this as an opportunity to improve our service.
When you raise your complaint or appeal with us, remember to send copies of all correspondence between you and us relating to your complaint.
Complaints or appeals should be sent via email to support@horizonelearning.com.

Intellectual property rights

Horizon eLearning grants customers and learners an irrevocable non-exclusive, fully paid-up, royalty-free, non-transferable, non-sublicensable licence to use or copy the certificate for the purpose of attesting the learners successful completion of a course.
Customer acknowledges that all intellectual property rights in and associated with the courses shall remain owned by Horizon eLearning or its licensees and nothing in these terms and conditions purports to transfer, assign or grant any rights to you in respect of these intellectual property rights.
All customers or learners agree that they will not change, amend, remove, alter or modify any of our intellectual property.
The software, text, images, graphics, video, script, and audio, including any other information, content, material, trademarks, service marks, trade names, and trade secrets, all of which are contained in the application, website, and services and products, are the Horizon eLearning 's proprietary property (“proprietary information”). Permission to reproduce, reuse, modify, and distribute proprietary information may not be granted without first obtaining permission from the Horizon eLearning. Moreover, no user of this application, website, or services may claim any ownership in or to the intellectual property rights of the Horizon eLearning. You can keep control of the contents, but the Horizon eLearning always maintains ownership of the information, content, and all intellectual property on that medium.

Data protection

Horizon eLearning complies with data protection legislation.
Where the customer is an individual customer, Horizon eLearning is the controller as defined in the Data Protection Act for any personal data processed in association with providing the course.
Where the customer is a corporate customer, the corporate customer is the controller and Horizon eLearning is the processor as defined in the Data Protection Act for any personal data processed in association with providing the course.
Horizon eLearning processes individual customers personal data as set out in our privacy policy.

Data processing agreement

The parties shall both comply with all applicable data protection requirements set out in the data protection legislation.
The scope, nature, and purpose of the processing; the duration of the processing; the type(s) of personal data; and the category or categories of data subject shall be set out in privacy policy.
The data controller shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of personal data to or the lawful collection of personal data by the data processor for the purposes described in the order for the duration of the contract.
The data processor shall ensure that it has in place appropriate technical and organisational measures to protect the personal data from unauthorised or unlawful processing, accidental loss, damage, or destruction. Such measures shall be appropriate and proportionate to the potential harm resulting from such events and to the nature, scope, and context of the personal data and processing involved, taking into account the current state of the art in technology and the cost of implementing those measures.
The data processor shall maintain complete and accurate records of all processing activities and technical and organisational measures implemented necessary to demonstrate compliance and to allow for audits, including inspections, by the data controller and/or any party designated by the data controller. The data processor shall inform the data controller immediately if, in its opinion, any instruction infringes the data protection legislation.

Liability

We will under no circumstances whatever be liable to you; whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in conjunction with the contract for:
- Any loss of profits, sales, business, or revenue;
- Loss or corruption of data, information or software;
- Loss of business opportunity;
- Loss of job opportunity;
- Loss of anticipated savings;
- Loss of goodwill; or
- Any indirect or consequential loss.
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 the price of the course/s in the order.
To ensure that the information provided is current, correct, and clear, every effort has been taken in the production of the website and contents therein. While unintentional mistakes may occur, the Horizon eLearning expressly disclaims any responsibility for the veracity of information that may be on our site. Users' input is encouraged to make the application and its contents error-free and user-friendly. The Horizon eLearning also retains the right to make any modifications or revisions to the contents at any time, without advance notice. Neither the Horizon eLearning nor any third parties give any guarantees regarding the accuracy, timeliness, or suitability of the information and materials found or offered on our site for any specific purpose.
Disclaimer: this website and services are provided on an "as is" basis with all faults and without any warranty of any kind. Horizon eLearning hereby disclaims all warranties and conditions with regard to our site and services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability and non-infringement. Additionally, the Horizon eLearning shall not be liable for any damages arising out of or in connection with the use or performance of this site and services. Your use of any information or materials on our site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that services provided by us meet your specific requirements.
Except as expressly stated in these terms and conditions, we do not give any representation, warranties or undertakings in relation to the courses. Any representation, condition or warranty which might be implied or incorporated into these terms and conditions by statute, common law or otherwise are excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the courses are suitable for your purposes or the purposes of any learner intending to do a course.

Force majeure

For the purposes of the contract, “force majeure event” means, in relation to either party, any circumstances beyond that party’s reasonable control including, but not limited to, any strike, lockout, or other form of industrial action; shortage of components or raw materials; lack of, interruption to, or failure of any utility service, or lack of available facilities; non-performance by suppliers or sub-contractors; collapse of buildings, fire, explosion, accident, acts of god, storm, flood, drought, earthquake, epidemic, pandemic, or other natural disaster; terrorist attack, civil commotion or riots, war, civil war, threat of preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off diplomatic relations; nuclear, chemical, or biological contamination, or sonic boom; or any law or action taken by a government or public authority including, but not limited to, imposing an export or import restriction, quota, or prohibition, or failing to grant a necessary licence or consent, or any similar or dissimilar circumstances.
If any force majeure event occurs in relation to either party which affects or may affect that party’s performance of its obligations under the contract, the affected party shall notify the other party as soon as reasonably possible and practicable of the nature and extent of the circumstances in question. The affected party shall use reasonable endeavours to mitigate the effect of the force majeure event on the performance of its obligations.
Neither party shall be deemed to be in breach of the contract or shall otherwise be liable to the other by reason of any delay in performance or non-performance of any of its obligations under the contract to the extent that performance of that obligation is prevented, hindered, or delayed by a force majeure event of which it has notified the other party, and the time for that performance shall be extended accordingly.
If the performance by either party of any of its obligations under the contract is prevented, hindered, or delayed by a force majeure event for a continuous period in excess of 90 days, the parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.

Termination

Without prejudice to any other right or remedy available to it, either party may terminate the contract immediately by giving written notice to the other party in the event that the other party:
- Is in material breach of any of the terms of this contract and, in the case of a breach capable of remedy, fails to remedy such breach within 90 days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it; or
- Ceases, or threatens to cease, to carry on business.
A breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects.

Effects of termination

Upon the termination or expiry of the contract for any reason:

Each party shall immediately cease to use, either directly or indirectly, any confidential information belonging to the other party, and shall immediately return to the other party any documents in its possession or control which contain or record any confidential information;
Termination or expiry shall not affect or prejudice any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry including, but not limited to, the right to claim damages or any other remedy in respect of any breach of the contract which existed at or before the date of termination or expiry; and
Any provision of the contract which either expressly or by implication is intended to continue in force or come into force after or upon the termination or expiry of the contract shall remain in full force and effect.

No waiver

No failure or delay by Horizon eLearning in exercising any of its rights under the contract shall be deemed to be a waiver of that right, and no waiver by Horizon eLearning of a breach of any provision of the contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

Further assurance

Each party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of the contract into full force and effect.

Variation

Other than as set out in these terms and conditions, no variation of the contract including, but not limited to, the introduction of any additional terms and conditions, shall be effective unless it is made in writing and signed by the parties (or their authorised representatives).

Assignment and sub-contracting

The contract shall be personal to the parties. Neither party may assign, or sub-licence or otherwise delegate any of its rights thereunder, or sub-contract or otherwise delegate any of its obligations thereunder without the written consent of the other party, such consent not to be unreasonably withheld.

Third party rights

No part of the contract shall be intended to confer rights on any third parties.
Subject to this clause, the contract shall continue and be binding on the transferee, successors and assigns of either party as required.

Relationship of parties

Nothing in the contract shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in the contract.

Notices

All notices under the contract shall be in writing and deemed duly given if signed by, or on behalf of, a duly authorised officer of the party giving the notice.
All notices under the contract shall be addressed the email address support@horizonelearning.com or as otherwise notified in writing by either party to the other from time to time.

Entire agreement

The contract constitutes the entire agreement between the parties with respect to its subject matter.
Each party acknowledges that, in entering into the contract, it shall not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the contract.

Updates to these terms and conditions

Horizon eLearning reserves the right to review and modify these terms and conditions from time to time.
The terms and conditions published on our site at the time the order is placed will be applicable to that order.

Communication

The Horizon eLearning may reach you by your mobile number, e-mail, or any other contact information you supply to help us better provide our services. The user agrees to receive communications and messages from the Horizon eLearning via the methods specified in the paragraph above. The Horizon eLearning can monitor user’s use of our site in order to improve and optimize usage of our services.
In order to use our site and services, you will need to register and maintain an account. You will be asked to provide your name, mobile number, email address as well as any other information that the we deem necessary. It is your sole responsibility to ensure that the account information you give is accurate, comprehensive and up-to-date. You will be in charge of protecting the account information, as well as all activity that takes place on your account. To avoid account access problems, you will need to check out at the conclusion of each session and inform Horizon eLearning of any unwanted access. If we have cause to think that you've had a security breach or misuse of your account, we may ask you to change your password or suspend your account, and you may do so without incurring any liability to us. Horizon eLearning will not be responsible for any losses or damages you could incur due to your failure to comply with this clause. You admit that your capacity to use your account depends on external variables, such as the reliability of your internet service provider and your internet network, and so Horizon eLearning cannot guarantee that you will always be able to access our site. Horizon eLearning shall not be responsible to you for losses originating from your failure to log into your account and access the services provided by the application at any time, in addition to the disclaimers specified these terms and conditions.

Law and jurisdiction

The contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by and construed in accordance with local laws.
Any dispute, controversy, proceedings or claim between the parties relating to the contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the exclusive jurisdiction of the local courts.

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