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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, which together 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;
  • 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. 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 2020 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® and the ASDAN Universities Award®.

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 to registered Centres

These terms and conditions are updated on an annual basis. Please print off 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)

1.1. 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 Centre” refers to the applicant establishment registered with ASDAN;

1.1.3. “the Fee” refers to the cost of becoming an ‘ASDAN Centre’ and thus accessing ASDAN’s Services;

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 Centre has access will depend upon the Fee paid by the Centre.

1.2. Commencement Date
The agreement starts on the date that the centre registration application form is processed and confirmed by email from ASDAN (“the Commencement Date”).

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 Centre may cancel this agreement at any time but the Fee will only be fully refunded if written notice is received by the Centre Support team within 30 days of the Invoice Date.

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

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

1.4. Centre Approval

Any validation of the Centre by ASDAN in respect of qualifications and any right to register candidates for ASDAN qualifications is conditional upon the Centre:

1.4.1. complying with the Qualifications Centre Agreement at members.asdan.org.uk/my-centre/centre-approval/centre-agreement

1.4.2. meeting the Conditions of Centre Approval at members.asdan.org.uk/my-centre/centre-approval at all times during which moderation of candidate work is undertaken

1.4.3. implementing the processes and procedures in the Centre Guidance Document at members.asdan.org.uk/generic-centre-guidance

1.4.4. having in place at all times robust safeguarding policies and procedures and providing copies of them to ASDAN on request

Any validation of the Centre by ASDAN in respect of programmes and any right to register candidates for ASDAN programmes is conditional upon the Centre:

1.4.5. having in place at all times robust safeguarding policies and procedures and providing copies of them to ASDAN on request.

2. Fees and payment

2.1. The Fee

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

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 Centre and ASDAN in writing.

2.1.3. ASDAN will invoice the Centre for the Fee once a year on the Commencement Date and each anniversary of that date in accordance with its invoicing policy at members.asdan.org.uk/my-centre/invoices.

2.1.4. Payment of the Fee by the Centre 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 Centre may amend its registration level by notifying ASDAN in writing. If a different charge is payable in relation to the new registration level, 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 Centre within 30 days of amendment issue a credit to the Centre in respect of the unused element of the original annual Fee (if any); which credit shall be set against the new annual Fee.

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

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

2.1.8. An additional foreign exchange fee (FXFEE) will be charged per invoice for any Centre 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 Centre in addition, including any recovery and postage costs and costs of redelivery as a result of packages being sent to ASDAN by the Centre 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

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 Centre 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 Centre 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 Centre is entitled to use the ASDAN Registered Centre logo on its websites and promotional materials whilst it is a registered Centre 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 Centre's website or in its publicity materials must not be inaccurate, misleading or misrepresentative.

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 Centre’s registered address, as in ASDAN’s purchasing procedures. The Centre is responsible for any errors made by it in the course of ordering books and materials.

4.2. ASDAN has a 60-day returns guarantee. If any of the products fall below the high standards expected, or have been incorrectly ordered, they can be returned, providing they are returned in their original condition within 60 days of the date of the invoice, with any seals or shrink-wrapping intact. Credit notes will be subject to a 10% handling fee unless the item is faulty.

5. Candidate registration and moderation

5.1. Registering candidates for ASDAN qualifications

5.1.1. The Centre shall comply with ASDAN’s procedures in respect of the registration of candidates as shown under section 3 available at https://members.asdan.org.uk/generic-centre-guidance

5.1.2. Upon completion of registration, ASDAN shall be entitled to invoice the applicable candidate fee and the Centre 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 Centre does not purchase books specified for each candidate on ASDAN’s website then ASDAN will deliver the shortfall to the Centre and shall be entitled to invoice the Centre 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, 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: https://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 Centre’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 refund 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 Centre 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 Centre.

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

7.1. 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 Centre 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

8.1 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 Centre requesting them. The Centre will be responsible for the despatch of the candidate replacement certificate to the learner. If a certificate is returned to ASDAN because a Centre 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 Centre 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

9.1. 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 https://www.asdan.org.uk/privacy-notice

9.2. The Centre 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 Centre’s breach of this undertaking.

9.3. The Centre 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

10.1. The Centre 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. Centres outside the United Kingdom

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

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

Terms and Conditions for Non-registered Centres

1. Terms and conditions of contract

1.1    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 centre registration 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 centre registration.
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    The details supplied by The Purchaser will be kept on file by ASDAN. ASDAN will not pass these details on to any third parties.
1.2.3    There is no fee associated with the agreement.

1.3    Purchaser contact information
1.3.1    The Purchaser must supply an active email address.
1.3.2    The Purchaser can agree to receive email updates from ASDAN about ASDAN Products or Services.

1.4    If our records show that your organisation is already registered with ASDAN then the full Terms and Conditions for Registered Centres will apply.

1.5    All Centres agree to have in place in place robust Safeguarding policies and procedures, and that these will be made available to ASDAN on request.

2. Ownership of rights

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in ASDAN materials, and on asdan.org.uk 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.org.uk 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.org.uk content except for their own personal, non-commercial use. Any other use of ASDAN materials or asdan.org.uk 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.

2.1     ASDAN logo
2.1.1    The Purchaser may not use the ASDAN logo on their website or any other materials.
2.1.2    If the Purchaser wishes to use the ASDAN logo, they should contact the ASDAN design team for advice: design@asdan.org.uk

2.2    References to ASDAN, or ASDAN Products and Services, on the Purchaser’s website or publicity materials must not be inaccurate, misleading or misrepresentative. ASDAN will monitor such references and take appropriate action.

3. Ordering materials

3.1    Placing an order
3.1.1    The Purchaser may purchase selected resources and materials from ASDAN via the Shop section of the ASDAN website or the Resources Order Form for non-registered centres.
3.1.2    All orders require an official purchase order number.
3.1.3    Materials can be ordered online, by post or by fax. ASDAN is unable to accept telephone orders.
3.1.4    If sending an official purchase order number separately for confirmation purposes, or if posting an order after faxing it, it must be clearly marked "confirmation only" as ASDAN cannot accept responsibility for accidental duplicate orders.
3.1.5    Orders must include an active email address to which the Purchaser has access; otherwise Purchasers may not receive confirmations or essential details relating to deliveries.
3.1.6     If items ordered are out of stock, a letter or email will be sent to notify the Purchaser, along with the expected dispatch date.

3.2    Delivery
3.2.1    Current delivery charges, relating to deliveries to mainland UK only, can be found on the Delivery Information page of the website or the Resources Order Form for non-registered centres. Overseas rates are available on request from the Publications department: orders@asdan.org.uk 0117 941 1448.
3.2.2    In special circumstances orders can be split between addresses. Requests must be put in writing at the time of placing the order. Delivery charges will apply to both orders.
3.2.3    Orders with a value of £20.00 or higher will be sent by courier. Please provide instructions for a safe place to leave the parcel (e.g. an outbuilding or neighbour) in the Special Instructions box of the online order form or in writing along with the completed Resources Order Form for non-registered centres. If the parcel cannot be successfully delivered it will be returned to ASDAN and the costs of return and costs of redelivery will be charged to the Purchaser.
3.2.4    Deliveries will not be made during standard school holiday periods unless ASDAN has been specifically notified at the time of placing the order that the Purchaser will be able to accept deliveries.
3.2.5    Any parcels that cannot be delivered will be returned to ASDAN and the Purchaser will be charged with the costs of return and the costs of redelivery.
3.2.6    Queries relating to incorrect deliveries must be raised with the Publications department within 30 days of receipt of delivery.

3.3    Payment
3.3.1    Payment can be made by cheque or by BACS transfer; the remittance must state the centre registration number and the invoice number. Bank details are provided on all ASDAN invoices and statements, and are also available on request.
3.3.2    Payment can also be made by Debit Card or Credit Card. Maestro, Mastercard and Visa cards are accepted.

3.4    Order errors and returns
3.4.1    ASDAN has a 60-day returns guarantee. If any of the products fall below the high standards expected, or have been incorrectly ordered, they can be returned, providing they are returned in their original condition within 60 days of the date of the invoice, with any seals or shrink-wrapping intact. ASDAN will issue a credit note for the price paid for the item.
3.4.2    Items that are sealed are non-refundable once opened. If the item is faulty a replacement will be sent.
3.4.3    Please note that ASDAN reserves the right to refuse items that have been returned after 60 days unless they are faulty.
3.4.4    Credit notes will not include postage and packing unless the item is faulty. Credit notes must be used within 12 months of the date of issue.
3.4.5    If ASDAN has sent an item not ordered, please contact the Publications department immediately. ASDAN will arrange for the correct item to be sent and the incorrect item to be collected.
3.4.6    If, on delivery, an item it is found to have been damaged in transit, please contact the Publications department immediately to arrange an exchange.
3.4.7    To ensure the safe return of unwanted goods, please phone the Publications department who will issue a returns number. All goods must be securely boxed or wrapped and should reach ASDAN in perfect condition. It is advised that the return of goods comes via courier or recorded delivery and proof of delivery obtained, as ASDAN cannot accept responsibility for items that cannot be traced.

3.5    Price increases
3.5.1    ASDAN will give at least 30 days’ notice of any price increases. All prices include VAT, where applicable.
3.5.2    Orders received before a price increase will be honoured at the pre-increase price, even if they are processed after the increase date.
3.5.3    Orders received up to three days after the date of increase will be honoured at the pre-increase price.
3.5.4     Promotional prices are subject to availability and may be withdrawn or amended without notice. Promotions carry no cash alternative.

4. Purchasers outside the United Kingdom

4.1    Terms and conditions
International Purchasers are subject to the same terms and conditions as UK Purchasers, as outlined in sections 1-3.

4.2    Payments
An additional foreign exchange fee (FXFEE) will be charged per invoice for any order that is invoiced in a currency other than GBP£s, i.e. Ireland in Euros; Western Australia and Queensland in Australian Dollars.

5. Data protection and privacy

5.1.1   ASDAN is committed to maintaining the highest standards in relation to data protection. More information can be found in ASDAN’s Data Protection Policy.
5.1.2   Personal information and data collected via ASDAN’s websites or by other means in the course of ASDAN’s business will be stored and processed in accordance with ASDAN's Privacy Notice, which also contains guidance on your rights under GDPR.
5.1.3   Users must agree that personal information provided is true, accurate and complete in all respects and will notify ASDAN in writing immediately if there is any change.
5.1.4   Centres agree to indemnify ASDAN from and against any claims or liability under GDPR, and any subsequent data protection legislation
5.1.5   Information shall be considered supplied to ASDAN when it has been received by ASDAN staff. ASDAN cannot accept responsibility for data that does not reach ASDAN for reasons outside of its control.
5.1.6   Learner information will be processed in accordance with ASDAN's Privacy Notice
5.1.7   All Centres agree to have in place robust data protection policies and procedures that are compliant with GDPR legislation and any other current and appropriate data protection laws, and that these will be made available to ASDAN on request.

5.2 Website access
5.2.1 Web users accept responsibility for keeping usernames and passwords secure and confidential. These should not be disclosed, shared or otherwise publicly displayed, and passwords must not be disclosed to a third party. Centres may request additional logins as needed. If a user believes a third party has made use of their log in details, or used them to access any of ASDAN’s websites, they must inform ASDAN immediately.
5.2.2 ASDAN reserves the right to withdraw access to restricted areas at any time without notice if there is reason to believe that login details have been used by any person or organisation other than the person named on ASDAN’s databases.

5.3 Contact
5.3.1  In accordance with GDPR, ASDAN will not send promotional emails unless contacts have previously specifically agreed to receive them.
5.3.2  Centre co-ordinators must agree to receive course information on any programme or qualification they are responsible for