Learn your Rights and Responsabilities
Terms and Conditions
1. Scope
- These Learner Terms and Conditions govern your purchase and use of training products and services provided by XPM Consulting (“XPM”), whether purchased directly from XPM or through an authorised reseller.
- By enrolling in an XPM product or service, you acknowledge that these Learner Terms and Conditions form part of the agreement between you and XPM.
- All rights not expressly granted under these Learner Terms and Conditions are re-served by XPM.
2. Enrolment
- To enrol in an XPM product or service, you must complete the applicable registra-tion process and provide any information reasonably requested by XPM.
- For enrolments made directly with XPM, your enrolment becomes effective once the applicable payment requirements have been satisfied and your enrolment has been accepted by XPM.
- XPM reserves the right to refuse or cancel an enrolment where the requested product or service is unavailable, where payment has not been received as required, or where circumstances prevent XPM from providing the product or service.
3. Fees and Payment
- Unless otherwise agreed in writing, all fees are payable in Euros (EUR).
- Payments may be made by bank transfer, credit card or PayPal.
- Payments made by credit card or PayPal are subject to an additional charge equal to six percent (6%) of the applicable fee to cover the costs charged by third-party payment providers.
- You are responsible for any applicable currency conversion charges, bank charges and taxes, unless otherwise expressly stated.
- Where applicable, access to Public Virtual Courses, Elearning Courses, Examination Vouchers and other Products or Services will only be provided after full payment has been received.
4. Travel and Other Expenses
- Where attendance at a Product requires travel, you are solely responsible for ob-taining all documents necessary for your journey and entry into the destination country, including any required passport, visa or other travel authorisations.
- You are solely responsible for ensuring that you comply with all applicable immigra-tion, customs, health and other legal requirements relating to your travel.
- The fees payable to XPM do not include travel, accommodation, meals, insurance or any other travel-related expenses.
- If a Product is postponed or cancelled by XPM, you shall remain solely responsible for any travel or accommodation costs you have incurred. XPM shall not be liable for reimbursing any such expenses.
5. Public Courses
5.1. Enrolment Cancellation
- If you cancel your enrolment more than ten (10) Business Days before the scheduled course start date, XPM may charge a cancellation fee equal to ten percent (10%) of the applicable course fee.
- If you cancel your enrolment ten (10) or fewer Business Days before the scheduled course start date, XPM may charge the full applicable course fee.
- If the training materials have already been dispatched before your cancellation, the cost of the training materials and any applicable shipping charges may be deducted from any refund.
- Training materials cannot be returned.
- Bank charges, currency conversion charges, payment processing fees and similar charges incurred in connection with a refund are non-refundable.
5.2. Course Delivery
- XPM shall make every reasonable effort to deliver all scheduled Public Courses.
- However, XPM reserves the right to postpone or cancel a Public Course where rea-sonably necessary, including where the minimum number of participants has not been reached or where circumstances beyond XPM’s reasonable control prevent the delivery of the course.
- If a Public Course is postponed or cancelled, XPM shall notify you as soon as reasonably practicable.
- Unless otherwise required by applicable law, XPM shall not be liable for any indirect or consequential losses arising from the postponement or cancellation of a Public Course.
5.3. System Requirements
- Before purchasing a Public Course, you are responsible for ensuring that your hardware, software, telecommunications equipment and Internet connection satisfy the applicable system requirements.
- No refund will be provided if you are unable to access or attend a Public Course because you do not satisfy those requirements.
6. Elearning Courses
6.1. Enrolment, Access and Licence
- Upon confirmation of your enrolment, XPM grants you a personal, non-exclusive, non-transferable and revocable licence to access and use the applicable Elearning Course for the relevant licence period.
- Your licence commences when XPM provides your access credentials, regardless of whether you access the Elearning Course.
- You must not share, sublicense, assign or otherwise transfer your licence or your access credentials to any other person.
- You are responsible for completing the Elearning Course within the applicable licence period. Any unused access rights shall expire automatically at the end of that period.
- Licence extensions may be available for an additional fee.
- Enrolments in Elearning Courses are non-cancellable and non-refundable.
6.2. System Requirements and Availability
- You are responsible for ensuring that your hardware, software, telecommunications equipment and Internet connection satisfy the applicable system requirements.
- No refund will be provided if you are unable to access an Elearning Course because you do not satisfy the applicable system requirements.
- XPM shall make every reasonable effort to ensure that the Elearning Platform re-mains available.
- Temporary interruptions may occur due to scheduled maintenance, technical issues or circumstances beyond XPM’s reasonable control.
7. Examination Vouchers
7.1. General Conditions
- Examination Vouchers are subject to the terms and conditions of the relevant examination provider.
- Examination Vouchers are personal, non-transferable and non-refundable.
- Examination Vouchers may not be resold, exchanged or redeemed for cash.
- Unless otherwise specified, an Examination Voucher consists of an electronic code that permits one examination attempt.
7.2. Voucher Administration
- Unless otherwise specified, you must request your Examination Voucher within three (3) months of purchasing the applicable Product.
- The validity period of an Examination Voucher is determined by the relevant examination provider.
- Examination scheduling, rescheduling and cancellations are governed by the policies of the relevant examination provider.
- Any additional fees charged by the examination provider remain your responsibility.
- Where applicable, examinations are conducted online.
7.3. System Requirements
- Before purchasing an Examination Voucher, you are responsible for ensuring that your hardware, software, telecommunications equipment and Internet connection satisfy the applicable system requirements.
- No refund will be provided if you are unable to take an examination because you do not satisfy those requirements.
7.4. European Certification Retake Policy
- If you fail your first examination attempt, you are entitled to one additional exami-nation attempt for the same certification.
- The additional examination attempt must be taken within one (1) month of the date of the first examination attempt.
- You must request the additional examination attempt from XPM within two (2) weeks of receiving your examination result.
- If you do not request or take the additional examination attempt within the applicable time limits, your entitlement shall automatically expire.
8. Training Materials
- Unless otherwise specified for the applicable Product, digital training materials provided as part of an Elearning Course are available only during the applicable licence period. Such materials are provided for online access only and may not be downloaded, copied, stored or otherwise retained after the licence period has expired.
- Printed training materials may be delivered by post or by another delivery method selected by XPM.
- Unless otherwise specified, printed training materials are delivered only to addresses within Europe or the United States of America.
- Training materials are provided solely for your personal use in connection with the applicable Product.
- You must not copy, reproduce, distribute, publish, share, sell, lend, rent, modify, translate or otherwise make the training materials available to any third party without XPM’s prior written consent.
9. Certificates and Digital Badges
- You must attend at least seventy-five percent (75%) of the total training hours to be eligible to receive a certificate of attendance and, where applicable, a digital badge.
- Digital badges are issued through the digital badging platform selected by XPM.
- You are responsible for managing your digital badge settings, including your preferences regarding the visibility of your digital badge.
- Where you have consented to the issuance of a digital badge, XPM will send the digital badge to you electronically and may publish it on XPM’s website or social media channels.
- The availability and functionality of the digital badging platform are subject to the terms, conditions and technical limitations of the platform provider. XPM cannot guarantee the continued availability of digital badges.
10. Copyright and Intellectual Property
- All training materials, course content, templates, recordings and other materials provided as part of a Product are the intellectual property of XPM or its licensors and are protected by applicable intellectual property laws.
- Unless expressly authorised in writing by XPM, you must not copy, reproduce, distribute, publish, transmit, translate, modify, record, store, upload, share, sell, rent, sublicense or otherwise make any training materials or course content available to any third party.
- Unless expressly authorised in writing by XPM, you must not use any training materials or course content to develop, train, fine-tune or improve any artificial intelligence model, system or service.
- You must not record any classroom or virtual training session without XPM’s prior written consent.
- You must not remove, alter or obscure any copyright, trademark or other proprietary notice contained in the training materials or course content.
- Any unauthorised use of the training materials or course content may result in the suspension or termination of your access to the applicable Product and may give rise to legal action.
11. Data Protection
- XPM processes your personal data in accordance with applicable data protection legislation.
- Your personal data will be used for the administration, delivery and improvement of the Products and Services provided by XPM and for any other purpose authorised by you or permitted by applicable law.
- Where necessary for the delivery of a Product or Service, XPM may share your personal data with carefully selected third parties, including examination providers, digital badging providers, payment providers, shipping providers and other service providers acting on XPM’s behalf.
- XPM will implement appropriate technical and organisational measures to protect your personal data against unauthorised access, disclosure, alteration or destruction.
- Further information about how XPM collects, processes and protects your personal data is available in XPM’s Privacy Policy.
12. Disclaimer of Warranties
- Except as expressly stated in these Learner Terms and Conditions or required by applicable law, all Products and Services are provided “as is”.
- To the maximum extent permitted by applicable law, XPM makes no representation or warranty that any Product or Service will be uninterrupted, error-free, accurate, complete, current or suitable for your particular requirements or expectations.
- XPM does not warrant that access to any Product or Service will be uninterrupted or free from delays, interruptions or technical issues beyond XPM’s reasonable control.
13. Limitation of Liability
- Nothing in these Learner Terms and Conditions limits or excludes any liability that cannot be limited or excluded under applicable law.
- To the maximum extent permitted by applicable law, XPM shall not be liable for any indirect, incidental, consequential or special loss or damage, including any loss of profits, revenue, business opportunities, goodwill or data arising from or in connection with the Products or Services.
- To the maximum extent permitted by applicable law, XPM’s total aggregate liability arising from or relating to any Product or Service shall not exceed the amount paid by you for the applicable Product or Service giving rise to the claim.
14. Force Majeure
- XPM shall not be liable for any delay or failure to perform its obligations under these Learner Terms and Conditions where such delay or failure results from circumstances beyond XPM’s reasonable control.
- Where reasonably practicable, XPM will notify affected learners of the circumstances and will use reasonable efforts to resume the delivery of the affected Product or Service as soon as practicable.
15. Exam Application Support
- Where included as part of a Product or Service, XPM may provide guidance and assistance to support your examination application.
- You remain solely responsible for ensuring that your application is accurate, complete and submitted within any deadlines established by the relevant certification body.
- XPM is not responsible for any decision made by a certification body regarding your eligibility, application or certification.