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Terms and Conditions

Website terms

By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use. This is in combination with our Privacy Policy govern ASDAN’s relationship with you in respect of this website.

“ASDAN” refers to the owner of the website whose registered office is ASDAN, Wainbrook House, Hudds Vale Road, St. George, Bristol BS5 7HY.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice;
  • Neither ASDAN nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and ASDAN expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law. ASDAN will remedy any inaccuracies or errors identified;
  • Your use of any information or materials on this website is entirely at your own risk, and ASDAN shall not be liable for such use. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements;
  • This website contains material which is owned by, or licensed to, ASDAN. This material includes, but is not limited to, the design, branding, layout, appearance and images, video and audio. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions;
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence;
  • From time to time this website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s);
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales. Any dispute is subject to the non-exclusive jurisdiction of the courts of England and Wales;
  • This site uses cookies to store information on your computer. Some cookies are essential to the proper functioning of our site, and the site will not work as expected without them. These cookies are set when you submit a form, login or interact with the site by doing something that goes beyond simply clicking on links. ASDAN also uses some non-essential cookies to anonymously track visitors or enhance your experience of the site.

Disclaimer

Every effort is made to keep this website up and running smoothly. However, ASDAN takes no responsibility for, and will not be liable for, the website being temporarily unavailable from time to time.

Copyright

All copyright in this website and its content is owned by ASDAN – © ASDAN 2021 All rights reserved.

The design of this website and its contents are protected by copyright and any unauthorised reproduction, whether in whole or in part, is prohibited. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • you may print or download to a local hard disk extracts for your personal and non-commercial use only;
  • you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with the express written permission of ASDAN, distribute or commercially exploit the content; nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Trademarks

ASDAN has the following registered trademarks: CoPE®

Contact

Contact design@asdan.org.uk if you wish to:

  • use material contained in this website or ASDAN publications for purposes other than those mentioned above
  • use the ASDAN logo

ASDAN welcomes comments and questions on the website and any related services. Please direct your feedback or questions to: webmaster@asdan.org.uk

ASDAN Terms and Conditions of supply

These terms and conditions are updated on an annual basis. Please save a copy of these terms for your records. You should review our site regularly to ensure that you are aware of any changes to these terms.

1. Terms and conditions of contract (registration with ASDAN)

1. Terms and conditions of contract (registration with ASDAN)

1.1. Definitions and Interpretation

In this agreement the following words and expressions have the following meaning:

1.1.1.  “ASDAN” refers to the charitable organisation ASDAN Ltd providing the Services;

1.1.2.  The “Centre” or the “Member” refers to an applicant establishment registered with and approved by ASDAN;

1.1.3.  The “Fee” or “Fees” refers to the cost of becoming an ‘ASDAN Member’ and accessing ASDAN’s Services at www.asdan.org.uk/join, or, as applicable, any costs associated with and payable in respect of the purchase and delivery of ASDAN programmes and/ or qualifications including learner registrations, books, resources, training, and moderation;

1.1.4.  The “Services” refers to the provision of ASDAN’s programmes and/or qualifications, and associated support and training. The Services to which a Member has access will depend upon the Fee paid by the Member;

1.1.5.  “Temporary Member” means an establishment that has applied for membership and is awaiting approval by ASDAN.

1.1.6.  All references to a Member (and a Member’s contractual obligations, prohibitions and liabilities) shall be deemed to also be references to a Temporary Member.

1.2. Commencement Date

The agreement starts on the date that the membership application form is processed and confirmed by email from ASDAN (“the Commencement Date”). The Member acknowledges that it will be a Temporary Member until such time as its application for membership has been validated and approved by ASDAN in accordance with clause 1.4 below.

1.3. Termination

1.3.1.  Unless terminated under clause 1.3.2, this agreement will continue from year to year.

1.3.2.  Either party may terminate this agreement by giving to the other party at least 30 days' notice in writing.

1.3.3.  In addition, the Member may cancel this agreement at any time but the Member acknowledges and agrees that the Member will remain responsible for the payment of Fees in full if written notice of cancellation is not received by ASDAN within 30 days of the invoice date.

1.3.4.  In the event of cancellation, ASDAN will refund in full any Fees paid in relation to this invoice if written notice is received within 30 days of the invoice date.

1.3.5.  From the cancellation date, no further Services will be provided.

1.3.6.  ASDAN will follow its ‘leavers’ process’ upon receipt of notification of cancellation or termination.

Customised Accreditation

Members applying for Customised Accreditation will be required to submit such policies and documentation that ASDAN requests in order for ASDAN to perform a review of the Member’s suitability to deliver courses endorsed by ASDAN. ASDAN will act reasonably and objectively when considering each Member’s application.

2. Fees and payment

2. Fees and payment

2.1. The Fee

2.1.1.  Unless terminated under clause 1.3.2, this agreement will auto renew on an annual basis.

2.1.2.  The Fee for the provision of the Services is stipulated by ASDAN on its website from time to time at www.asdan.org.uk/join or as expressly agreed by the Member and ASDAN in writing.

2.1.3.  The Fee plus VAT is payable annually in advance in pounds Sterling and in full and cleared funds. ASDAN will invoice the Member for the Fee once a year on the Commencement Date and no more than 30 days prior to each anniversary of that date in accordance with its invoicing policy at www.asdan.org.uk/courses/policies-and-regulations

2.1.4.  Payment of the Fee by the Member is due within 30 days of the date of ASDAN’s invoice. Restrictions will apply until the Fee has been paid in full, including no access to the Services.

2.1.5.  The Member may amend its Membership level by notifying ASDAN in writing. If a different charge is payable in relation to the new Membership tier, then it shall apply in full from the date of amendment (which shall be treated as the Commencement Date) and ASDAN shall at the request of the Member within 30 days of amendment issue a credit to the Member in respect of the unused element of the original annual Fee (if any); which credit shall be set against the new annual Fee.

2.2.1.  Late fees and interest will be charged for invoices not paid within 30 days. Failure to pay may result in legal proceedings and a suspension of the services offered by ASDAN.

2.2.2.  Payment can be made by cheque or by BACS transfer; the remittance must state the Member registration number and the invoice number.

2.2.3.  An additional foreign exchange fee (FXFEE) will be charged per invoice for any Member that is invoiced in a currency other than pounds Sterling.

2.3. Price increases

2.3.1.  ASDAN may increase the Fees payable at any time but will give at least 30 days’ notice of any price increases by amending the prices at www.asdan.org.uk/courses/costs. All prices include VAT, where applicable.

2.3.2.  Orders received before a price increase will be honoured at the pre-increase price, even if they are processed after the increase date.

2.3.3.  Any out of pocket expenses incurred by ASDAN as a result of provision of the Services shall be payable by the Member in addition, including any recovery and postage costs, costs of redelivery as a result of packages being sent to ASDAN by the Member with insufficient postage.

2.3.4.  ASDAN will credit any prepayments in full where an Audit or Approval visit is cancelled at least seven working days before the Event’s scheduled date. If cancellation is after this, the full fee will be payable.

2.3. Credit notes

2.3.1.  Credit notes must be used within 12 months of issue.

2.3.2.  Credit notes issued for the return of goods will be subject to a 10% handling charge.

3. Ownership of rights

3. Ownership of rights

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in ASDAN materials, and on ASDAN websites and all content (including all applications) located on the site are owned by ASDAN or its licensors. The Member may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use ASDAN materials or ASDAN websites content in any way except for their own personal, non-commercial use. The Member also agrees not to adapt, alter or create a derivative work from any ASDAN materials or ASDAN websites content except for their own personal, non-commercial use. Any other use of ASDAN materials or ASDAN websites content requires the prior written permission of ASDAN.

The names, images and logos identifying ASDAN are subject to copyright, design rights and trademarks of ASDAN. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of ASDAN except to the extent expressly granted below.

The Member is entitled to use the ASDAN Registered Centre logo on its websites and promotional materials whilst it is a Member provided that it complies with the restrictions upon such use imposed by ASDAN from time to time as set out at members.asdan.org.uk/my-centre/asdan-logo

Any reference to ASDAN, or ASDAN products and Services, on the Member’s website or in its publicity materials must not be inaccurate, misleading or misrepresentative.

4. Books and other materials

4. Books and other materials

4.1.      Unless otherwise agreed in writing, all books and other materials will be delivered in one instalment to the Member’s registered address, as in ASDAN’s purchasing procedures. The Member is responsible for any errors made by it in the course of ordering books and materials.

4.2.      If any products received are misprinted they can be returned, providing they are returned in their original condition within 30 days of the date of the invoice.

4.3.      The Member acknowledges and agrees that ASDAN does not accept responsibility for and will not issue any refund in respect of purchases of books and other materials made in error by the Member.

5. Candidate registration and moderation

5. Candidate registration and moderation

5.1. Registering candidates for ASDAN programmes and qualifications

5.1.1.  The Member shall comply with ASDAN’s procedures in respect of the registration of candidates as shown under section 3.9 available at https://members.asdan.org.uk/generic-centre-guidance for qualifications

5.1.2.  Upon completion of registration, ASDAN shall be entitled to invoice the applicable candidate fee and the Member shall pay the invoice within 30 days.

5.1.3.  Candidate fees are not refundable or transferable even where a candidate is not submitted for moderation.

5.1.4.  A candidate’s registration will expire automatically after the applicable period specified at https://members.asdan.org.uk/candidates

5.1.5.  If the Member does not purchase books specified for each candidate on ASDAN’s website then ASDAN will deliver the shortfall to the Member and shall be entitled to invoice the Member for them.

5.1.6.  If the Member does not purchase registrations for each candidate entered for moderation then ASDAN will be entitled to invoice the Member for them.

5.2. Postal moderation 

5.2.1.  ASDAN does not accept any responsibility for materials sent to it for moderation whilst they are in transit. Portfolios must be sent using a postal service that tracks delivery.

6. Events, webinars, workshops and INSET ("Events")

6. Events, webinars, workshops and INSET ("Events")

6.1. Booking an Event 

6.1.1.  Each Event must be booked using the applicable form on ASDAN’s website available at: www.asdan.org.uk/training.

6.1.2.  Delegate numbers at each Event may be limited in order to meet health and safety requirements.

6.1.3.  It is the Member’s responsibility to inform ASDAN of any dietary or access requirements at least two days prior to the Event.

6.2. Cancellations and non-attendance          

6.2.1.  ASDAN will credit in full where an Event is cancelled at least seven working days before the Event’s scheduled date. If cancellation is after this, the full fee will be payable.

6.2.2.  If a delegate is unable to attend an Event then wherever possible, ASDAN will offer an alternative Event but shall be under no obligations to do so. An Administration fee will be applied if the transfer is requested within seven working days of the original Event date.

6.2.3.  If the Member requests a change in the date of an Event less than seven working days before the scheduled date of the Event, ASDAN will use its reasonable endeavours to reschedule the Event but shall be under no obligation to do so. Any costs incurred by ASDAN as a result of rescheduling will be payable by the Member.

6.2.4.  ASDAN does not accept responsibility for non-attendance at an Event for whatever reason, including transport difficulties or bad weather.

6.2.5.  ASDAN reserves the right to cancel Events at short notice if necessary as a result of extreme events and shall not be responsible for accommodation and transport costs incurred as a result.

6.3. Fees and Payments

6.3.1.  Amounts due for an Event must be paid in advance of the Event or ASDAN reserves the right not to provide the Event and to recover the outstanding amounts in respect of it.

7. ASDAN e-learning platforms

7. ASDAN e-learning platforms

7.1. E-portfolio evidence 

7.1.1.  ASDAN shall retain learner evidence and e-portfolios for at least the average length of the course plus one year, i.e. Key Steps = 4 years, Short Courses = 3 years. It is the responsibility of the Member to keep copies of e-portfolio summaries and evidence if access to learners’ portfolios is required outside that period.

7.1.2.  In order to ensure confidentiality and data protection, learner evidence and tutor feedback uploaded to the e-portfolio platform can only be accessed by the learner, their tutors and ASDAN.

7.1.3.  ASDAN reserves the right to sample learner e-portfolios for quality monitoring purposes.

7.1.4.  Video and audio files should be added to the e-portfolio as URLs hosted on an internet-based service. ASDAN does not accept responsibility for such files including the security of those files.

7.2.      Credits gained in the course of using the e-portfolio should be accessed for external moderation following the procedures for Short Courses online available at https://tutor.asdan.org.uk/user-guides.

7.3. E-portfolio registration purchases are non-refundable with the following allowances:

7.3.1.  Where a course has not been started, i.e. no challenges have been assigned to a learner, registration can be transferred to another learner;

7.3.2.  If the e-portfolio registration has been purchased in error, it can be exchanged for the equivalent student book where appropriate.

8. Replacement certificates

8. Replacement certificates

8.1.      Requests for replacement certificates must be made in writing giving a clear explanation of the reason for the request.

8.2.      All replacement certificates will be issued and invoiced to the Member requesting them. The Member will be responsible for the despatch of the replacement certificate to the learner. If a certificate is returned to ASDAN because a Member has paid insufficient postage, the recovery and postage costs, the costs of any replacement certificate and the costs of redelivery will be charged to the Member by ASDAN.

8.3.      Certificates requested by individuals will be issued and billed to the individual. In this case, payment must be made before the certificates are issued.

8.4.      Damaged or erroneous certificates must be returned to ASDAN so that a valid replacement certificate can be issued.

8.5.      If replacements are requested because a certificate has been lost, full details of the loss must be given so that a valid replacement certificate can be issued.

8.6.      No charge will be made for replacement certificates where issue is necessary as a result of an error by ASDAN.

9. GDPR and privacy

9. GDPR and privacy

9.1.      ASDAN is committed to maintaining the highest standards in relation to personal data and shall only process personal data in accordance with its Privacy Policy at www.asdan.org.uk/privacy-notice

9.2.      The Member agrees to comply with its obligations under the Data Protection Act 2018 and the General Data Protection Regulation and shall indemnify ASDAN from and against any loss, cost, damages, claims or liabilities suffered or incurred by ASDAN as a result of the Member’s breach of this undertaking.

9.3.      The Member agrees to have in place robust data protection policies and procedures and to make them available to ASDAN on request.

9.4.      ASDAN will not pass any personal data such as email addresses on to third parties for marketing purposes.

10. Website access

10. Website access

10.1. The Member is responsible for ensuring that usernames and passwords are kept secure and confidential. If it believes a third party has made use of a user’s login details, or used them to obtain unauthorised access to any of ASDAN’s websites, it shall inform ASDAN immediately.

10.2.   ASDAN reserves the right to withdraw access to restricted areas of its website at any time without notice if it believes that login details have been used by any unauthorised person or organisation.

11. Members outside the United Kingdom

11. Members outside the United Kingdom

11.1.   International Members are subject to the same terms and conditions as UK members, as outlined in sections 1 to 10.2.

11.2.   In addition, each International Member shall fund such visits by staff of ASDAN to the Member as are necessary for monitoring and quality assurance purposes, at the current agreed rates.

Terms and Conditions for Non-members

1. Terms and conditions of contract

1. Terms and conditions of contract

1.1. Definitions

In this agreement the following words and expressions have the following meaning:
1.1.1.  “ASDAN” refers to the charitable organisation ASDAN Ltd providing the services;
1.1.2.  The “Purchaser” refers to the persons or establishment purchasing products or services from ASDAN without having a Membership agreement with ASDAN;
1.1.3.  The “Agreement” refers to the contract between the Purchaser and ASDAN;
1.1.4.  The “Products” refers to selected ASDAN materials and resources available to persons and establishments without an ASDAN Membership agreement.
1.1.5.  The “Services” refers to the provision of selected ASDAN courses, access to support from ASDAN central office by phone and email, and regular electronic mailings supplied in connection with ASDAN products and services (which may change from time to time at ASDAN’s discretion).

1.2    The Agreement
1.2.1.  The Agreement starts on the date that the first purchase is submitted
1.2.2.  There is no fee associated with the agreement
1.2.3.  The Purchaser agrees to have in place robust policies and procedures, and that these will be made available to ASDAN on request.

1.3    Purchaser contact information
1.3.1.  The Purchaser must supply an active email address.

2. Fees and payment

2. Fees and payment

2.1. Fees

2.1.1.  Late fees and interest will be charged for invoices not paid within 30 days. Failure to pay may result in legal proceedings.

2.1.2.  Payment can be made by cheque or by BACS transfer; the remittance must state the Purchaser account number and the invoice number.

2.1.3.  An additional foreign exchange fee (FXFEE) will be charged per invoice for any Member that is invoiced in a currency other than pound Sterling.

2.2. Price increases

2.2.1.  ASDAN will give at least 30 days’ notice of any price increases by amending the prices at www.asdan.org.uk/courses/costs. All prices include VAT, where applicable.

2.2.2.  Orders received before a price increase will be honoured at the pre-increase price, even if they are processed after the increase date.

2.2.3.  Any out of pocket expenses incurred by ASDAN as a result of provision of the Services shall be payable by the Purchaser in addition, including any recovery and postage costs and costs of redelivery as a result of packages being sent to ASDAN by the Purchaser with insufficient postage.

2.3. Credit notes

2.3.1.  Credit notes must be used within 12 months of issue.

2.3.2.  Credit notes issued for the return of goods will be subject to a 10% handling charge.

3. Ownership of rights

3. Ownership of rights

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in ASDAN materials, and on ASDAN websites and all content (including all applications) located on the site are owned by ASDAN or its licensors. The Purchaser may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use ASDAN materials or ASDAN websites content in any way except for their own personal, non-commercial use. The Purchaser also agrees not to adapt, alter or create a derivative work from any ASDAN materials or ASDAN websites content except for their own personal, non-commercial use. Any other use of ASDAN materials or ASDAN websites content requires the prior written permission of ASDAN.

The names, images and logos identifying ASDAN are subject to copyright, design rights and trademarks of ASDAN. Nothing contained in these terms shall be construed as conferring any licence or right to use any trademark, design right or copyright of ASDAN

The Purchaser may not use the ASDAN logo on their website or any other materials without the express permission of the ASDAN Design team.

Any reference to ASDAN, or ASDAN products and Services, on the Purchaser’s website or in its publicity materials must not be inaccurate, misleading or misrepresentative.

4. Books and other materials

4. Books and other materials

4.1.      Unless otherwise agreed in writing, all books and other materials will be delivered in one instalment to the Purchaser’s registered address, as in ASDAN’s purchasing procedures. The Purchaser is responsible for any errors made by it in the course of ordering books and materials.

4.2.      If any products received are misprinted they can be returned, providing they are returned in their original condition within 30 days of the date of the invoice.

4.3.      The Purchaser acknowledges and agrees that ASDAN does not accept responsibility for and will not issue any refund in respect of purchases of books and other materials made in error by the Purchaser.

5. GDPR and privacy

5. GDPR and privacy

5.1.      ASDAN is committed to maintaining the highest standards in relation to personal data and shall only process personal data in accordance with its Privacy Policy at www.asdan.org.uk/privacy-notice

5.2.      The Purchaser agrees to comply with its obligations under the Data Protection Act 2018 and the General Data Protection Regulation and shall indemnify ASDAN from and against any loss, cost, damages, claims or liabilities suffered or incurred by ASDAN as a result of the Purchaser’s breach of this undertaking.

5.3.      The Purchaser agrees to have in place robust data protection policies and procedures and to make them available to ASDAN on request.

5.4.      ASDAN will not pass any personal data such as email addresses on to third parties for marketing purposes.

6. Website access

6.  Website access

6.1.      The Purchaser is responsible for ensuring that usernames and passwords are kept secure and confidential. If it believes a third party has made use of a user’s login details, or used them to obtain unauthorised access to any of ASDAN’s websites, it shall inform ASDAN immediately.

6.2.      ASDAN reserves the right to withdraw access to restricted areas of its website at any time without notice if it believes that login details have been used by any unauthorised person or organisation.

7. Purchasers outside the United Kingdom

7. Purchasers outside the United Kingdom

7.1.      Terms and conditions
International Purchasers are subject to the same terms and conditions as UK Purchasers, as outlined in sections 1-6.2.