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+256 704 651664+256 704 651664
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+256 776 993264+256 776 993264
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admin@finesseconsults.coadmin@finesseconsults.co
TERMS & CONDITIONS
Please ensure You read Finesse terms and conditions thoroughly as it governs Your use of Finesse Consults Ltd services and limits our liability to You. By enrolling onto a Finesse course (or accepting a service from Finesse Consults Ltd) You are deemed to have accepted the terms and conditions outlined in this document.
FINESSE LEARNER AGREEMENT
Finesse Consults Ltd are a world leading health & safety training institute, delivering the best courses and qualifications from globally respected awarding bodies to the highest standards.
We pride ourselves in understanding the knowledge given to our students saves lives and could save yours!
Looking at things this way… YOU’RE training to be a SUPERHERO!
That is why we put great importance on our Students taking responsibility for their studies, we provide the material and support which offers the knowledge; however, this is pointless unless you apply yourself to the course.
Those wishing to enroll as a Finesse student candidate are required to read and agree with our policies and terms and conditions. This is to show complete transparency in our mutual expectations, and by doing so our students are committing to our rules which are:
In return Finesse agree to abide by our terms and conditions and follow the following rules:
By agreeing to the above, the candidate accepts Finesse terms and conditions and policies and agrees to follow the rules set out in this document. Please review the entire document before signing.
TERMS & CONDITIONS
Please ensure You read Finesse terms and conditions thoroughly as it governs Your use of Finesse Ltd services and limits our liability to You. By enrolling onto a Finesse course You are deemed to have accepted the terms and conditions outlined in this document
Contents
1.1 In these Conditions the following terms shall have the following meaning:
Course Provider means Finesse Consults Ltd
Application Form means the form submitted by You to Finesse Ltd when You apply to enroll or register for a Qualification or Assessment with Finesse Consults Ltd;
Conditions means these Finesse Consults Ltd General Terms and Conditions for Students;
Data Protection Legislation means all applicable privacy and data protection laws.
Data Subject means an individual who is the subject of Personal Data.
Enrolment Fee means the fee payable by You when You apply to become a student/candidate of Finesse Consults Ltd;
Guide(s) means the guides issued by an “Awarding Body” from time to time in respect of Finesse Consults Ltd Qualification’s
IOSH means the Institution of Occupational Safety and Health. IOSH Services Limited company registration number 1816826. Address: The Grange, Highfield Drive, Wigston, Leicestershire, LE18 1NN
Malpractice Policy means the latest policy relating to malpractice, which may from time to time be amended;
NEBOSH means the National Examination Board in Occupational Safety and Health (a company limited by guarantee under company number 2698100) address: Dominus Way, Meridian Business Park, Leicester, LE19 1QW;
Assessment these are assessments of practical units and/or examinations which contribute towards Your final qualification;
Personal Data has the meaning given to it in the Data Protection Legislation
Policies means the policies of Finesse Ltd and Awarding Bodies as amended, updated or added to from time to time.
Registration Fee means the fee payable by You when You register to undertake a specific Qualification/Assessment with Finesse Ltd
Scripts means the document containing Your answers to Assessments;
Awarding Body means NEBOSH, IOSH or other organisation providing accreditation for Qualification’s to Finesse Ltd and its partners.;
You or Your refers to You, the student or prospective student for Finesse Consults Ltd Qualification’s;
2.1 These Conditions govern Your relationship with Finesse Consults Ltd and the Awarding Body and will come into force immediately when You apply for any registration or enrolment with Finesse Consults Ltd. For the avoidance of any doubt Awarding Bodies are not responsible for the provision of teaching, tutorial or other such services at any venue or centre.
2.2 Pursuant to clause 2.1 these Conditions set out the basic obligations of Finesse Consults Ltd and Your obligations and responsibilities which include but are not limited to fees and payments.
2.3 When You enroll upon a programme of study for Your Qualification, Your contract for that programme of study is with Finesse Consults Ltd. The Awarding Body is not a party to this contract.
2.4 Finesse Consults Ltd’ employees or agents are not authorised to make any representations concerning the services unless confirmed by us in writing. In
entering into any contract or agreement with us, you acknowledge that you do not rely on, and waive any claim for breach of, any such representations, which are not so confirmed.
2.5 Any typographical, clerical, or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by Finesse Consults Ltd shall be subject to correction without any liability on its part.
2.6 Where any hardware or software supplied under the agreement is subject to any statutory controls (including controls imposed by the state of origin of the hardware or software), intellectual property rights, or where any software supplied under the contract is subject to any license agreement, you agree that you will comply with, and not breach, the terms of any such controls, rights or agreement, and that you will indemnify us against any non-compliance or breach, including any non-compliance or breach by any person into whose hands the hardware or software may pass after delivery to you.
4.1 By enrolling for a qualification with Finesse Consults Ltd (whether You apply directly or whether a third party applies on Your behalf) You accept these Conditions.
4.2 You shall be responsible to us for ensuring the accuracy of the terms of any application submitted by you within a sufficient time to enable us to perform the services in accordance with the contract and these terms and conditions.
4.3 Your enrolment with Finesse Consults Ltd will only be effective if and when Finesse Consults Ltd sends to You its official enrolment receipt and Finesse Consults Ltd has received in full the Enrolment Fee and (if applicable) any other fee specified by it.
4.4 You are expected to provide a copy of your photographic ID to Finesse within 7 days of enrolment. If this hasn’t been received within the 7 days, Finesse Consults Ltd will temporarily suspend account access until the ID has been received.
4.5 When enrolling for a qualification You are agreeing to abide by the regulations for that qualification, as set out by the Awarding Bodies to that qualification.
4.6 Qualifications, in part or whole, cannot be transferred to another party.
4.7 Classroom courses must be taken within 1 year from the deposit being paid. If the classroom course has not been taken in this period, the course will be cancelled, and the deposit will not be refunded.
4.8 Finesse will enroll students undertaking the NEBOSH International Diploma for Occupational Health and Safety Management Professionals qualification, with NEBOSH for a period not exceeding 5 years. This does not affect your eLearning course access duration as stipulated in Finesse marketing material.
4.9 Deferring your entry: Tuition fees set out in your offer are based on the start date shown in your offer. However, if you defer your entry, your tuition fees may be more than is stated in your offer, and you should contact the Admissions Office for more information. Finesse Consults Ltd reserves the right not to offer deferment of any course access or examination. Any offer of deferment is only valid if made in writing. If your entry is deferred, please note that the course and/or its modules, course requirements, tutor services and facilities as currently described in the course brochure or on our website may change. Please keep referring to the relevant page of the Qualifications section of the website at: www.finesseconsults.co where up to date information will be published as soon as it is available.
5.1 The qualification material supplied to You at the start of Your programme is written to meet the requirements of the published syllabus at that time. These materials, when used in conjunction with any supplementary materials provided during Your period of study and the tutorial support, provide all the information required for successful completion of Your programme.
5.2 Each enrolment is for a single user only. On registration, You will be allocated a user name and password (“ID”). You are responsible for all use of the Services using Your ID and for preventing unauthorised use of Your ID.
5.3 The price quoted to You or stated within our brochures and or website(s) is correct at the time of publication and is subject to change at any time.
5.4 Over the period of Your programme You will have access to Your course tutor by email, forums, letters, and telephone during normal working hours.
5.5 Your course access shall not exceed 12 months from the date of purchase.
5.6 Finesse Consults Ltd accepts no responsibility for changes to the availability or syllabus content of the accredited courses as set by the Awarding Body. Should Your syllabus be phased out, at any time during Your study or assessment period, we can only extend this to the last available date for which Your course is valid. Students wishing to transfer to a new syllabus will incur a charge for this as deemed appropriate by us. In the event of changes to the syllabus and assessment criteria, we reserve the right to alter the content or structure of a course without prior notice being given to You.
6.1 All Finesse Consults Ltd Qualifications are delivered and examined in English (unless specified in the advertised course description).
6.2 Should English not be Your first language, it is Your responsibility to ensure that Your proficiency in both written and oral English is of a sufficient standard to enable You to meet the demands of both Your studies and the examination(s).
6.3 The official title of any Qualification which includes the word “National” is based upon UK legislation and is not designed for non-UK based applications.
6.4 The official title of any Qualification which includes the word “International” is based upon no specific Country’s legislation but is however based on international codes of best practice designed for International applications.
6.5 Finesse Consults Ltd has the right to refuse examination registration for any students that do not meet Finesse’ criteria.
7.1 Scope and meaning of ‘reasonable adjustments’.
Reasonable adjustments are agreed before an assessment takes place. The Equality Act 2010 requires NEBOSH to make reasonable adjustments where a candidate, who is disabled, would be at a substantial disadvantage in comparison to someone who is not disabled. Section 6 of the Equality Act defines disability as a ‘physical or mental impairment which has a substantial effect on someone’s ability to carry out normal day-to-day activities’. NEBOSH is required to take reasonable steps to overcome that disadvantage. An example would be a Braille paper, which would be a reasonable adjustment for a visually impaired person who could read Braille.
A reasonable adjustment may be unique to an individual and what is appropriate for one individual may not be suitable for another individual.
The application of a reasonable adjustment will depend on a number of factors that will include the needs of the candidate, the effectiveness of the adjustment, its cost and its likely impact on the candidate and other candidates.
An adjustment will not be approved if it involves unreasonable costs, timeframes or affects the security or integrity of the assessment. This is because the adjustment is not “reasonable”.
Reasonable adjustments must not give the candidate an unfair advantage over other candidates carrying out the same or similar assessment.
Some adjustments may not be possible for some qualifications. For example, it is not possible to adjust the assessment standards, where to do so, would mean that the outcome did not provide a reliable indicator of the knowledge, skills and understanding of the candidate.
Adjustments must not put in jeopardy the health and well-being of the candidate or any other person
7.2 It is Your responsibility to ensure You have registered for the appropriate examination, date, and venue. Finesse Consults Ltd cannot be held responsible for mistakes.
7.3 Finesse Consults Ltd Assessment closing dates are set independently of the Awarding Body.
7.4 For assessment registrations received after Finesse Consults Ltd closing date, Finesse Consults Ltd reserve the right to refuse acceptance of Your application.
7.5 Where Finesse Consults Ltd accept late assessment registrations, an additional charge will apply.
7.6 You have the right to apply for reasonable adjustment should You feel You will be at a disadvantage during Your Assessment.
7.7 Your application for reasonable adjustment must be accompanied by substantiated evidence of Your disadvantage.
7.8 Your application for reasonable adjustment must be sent to; email: admin@finesseconsults.co and must be received by Finesse Consults Ltd prior to Your selected examination registration closing date.
7.9 Additional charges may be incurred by You for the implementation of reasonable adjustments.
8.1 When registering for assessment to a qualification You are agreeing to abide by the regulations for that assessment, as set out in the NEBOSH “Guide” to that qualification.
8.2 Refund of fees will be made in respect of cancelled registrations only where corroborated by a medical certificate or doctor’s note relating to the inability of the candidate to sit the examination(s) through illness. In such cases the fee will be refunded less a deduction of 30% to cover administration costs. Refunds will not be made in respect of any additional costs incurred by the candidate. All claims for refunds must be made no later than one calendar month following the examination(s).
8.3 Fees and registrations are not transferable to alternative examinations or later examination sittings, or between candidates.
9.1 Finesse Consults Ltd excludes liability for:
9.1.1 Any loss of data, corruption of data, loss or corruption of e-mail, hardware or software malfunction, corruption or failure or non-functioning or mis-function of any specific or non-specific data or program.
9.1.2 Any damage or loss to property unless triggered by the neglect of Finesse Consults Ltd or its employees.
9.1.3 Any loss of profit and or loss of earnings, loss of opportunity or loss of living expenses or any other indirect or consequential loss suffered by You due to the breach by Finesse Consults Ltd of any obligation to You or due to any other act or omission or negligence of Finesse Consults Ltd or its employees or agents, whether in contract or tort.
9.2 Finesse Consults Ltd shall not be liable to you or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to
perform, any of its obligations in relation to the services, if the delay or failure was due to any cause beyond its reasonable control, including but not limited to:
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisitions;
(c) acts, restrictions, by-laws, prohibitions or measures of any kind on the governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party);
(f) power or equipment failure.
9.3 Finesse Consults Ltd shall have no liability to You should its website be unavailable to access at any time or fails to perform within usual parameters or at all. Finesse Consults Ltd does not guarantee that its website is free from viruses and will be uninterrupted or error free.
9.4 Whilst Finesse Consults Ltd makes every effort to accurately represent the courses that are available and hopes to help You to increase Your potential, you should undertake Your own due diligence before making any decision to enroll and no promise or guarantee is given that by enrolling in our courses this will improve your success in the future. Your success will depend upon many factors over which it has no control including Your skill set, motivation, and level of effort.
9.5 In the event of any liability falling on Finesse Consults Ltd that has not been excluded, its maximum liability for any one claim or for the total of all claims arising from any one act or default of Finesse Consults Ltd in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of its contract with You shall be limited to an amount equivalent to the amount paid in fees paid by You to Finesse Consults Ltd within the previous six months.
10.1 The memberships which are advertised as being available upon completion of Finesse Consults Ltd courses are not guaranteed and are subject to the individual applying and being accepted by the membership body.
10.2 Applying for memberships with awarding bodies may incur additional fees which are for the Candidates own account.
10.3 All memberships are subject to acceptance by the applicable institutes, some of which at given levels may also require some practical experience in addition to the Qualifications.
10.4 The level of membership offered is at the discretion of the applicable institute at all times.
10.5 Progression from GradIOSH to CMIOSH is through an internal IPD scheme.
11.1 Finesse Consults Ltd may terminate Your enrolment or registration at any time by written notice in the event of any of the following:
11.1.1 You breach any of these Conditions or any other terms and conditions contained in any letter confirming Your enrolment or in any documents or Policies issued by Finesse Consults Ltd or the Awarding Body at any time; or
11.1.2 You fail to pay any fees due to Finesse Consults Ltd; or
11.1.3 You have given any false or misleading information to Finesse Consults Ltd, whether directly, through a third party or otherwise; or
11.1.4 You do not meet all of the administrative or academic requirements specified in the Guides issued by the Awarding Body; or
11.1.5 Any of the instances set out in clause 12 below occur; or
11.1.6 You are involved in any malpractice pursuant to the Awarding Bodies Malpractice Policy.
11.2 Should Finesse Consults Ltd terminate Your learning programme it shall not be responsible to make any refund of any sums previously paid by you.
Finesse Consults Ltd will not tolerate verbal or physical abuse of its employees or agents.
Any such incident of abuse may lead to:
13.1 All copyright and other intellectual property rights in Course material purchased from Finesse Consults Ltd shall remain vested in Finesse Consults Ltd and such materials may not be reproduced/copied/distributed in any way without the prior written consent of Finesse Consults Ltd or as required by law.
13.2 If You access Finesse Consults Ltd website, You must do so only subject to Finesse Consults Ltd terms of use on its website. You are responsible for keeping secure Your password and student personal identification number and You agree not to disclose it to any third party.
14.1 The parties will hold in confidence all confidential information received from each other and not divulge the confidential information to any person, including any of its employees, save for employees directly involved with the execution of this agreement.
14.2 The parties will prevent disclosure of the confidential information, except as may be required by law.
14.3 It is recorded that the following information will, for the purpose of this agreement, not be considered to be confidential information:
14.3.1 Information known to either of the parties prior to the date that it was received from the other party; or
14.3.2 Information known to the public or generally available to the public prior to the date that if was disclosed by either of the parties to the other; or
14.3.3 Information which becomes known to the public or becomes generally available to the public subsequent to the date that it was disclosed by either of the parties to the other, through no act or failure to act on the part of the recipient of such information; or
14.3.4 Information which either of the parties, in writing, authorises the other to disclose.
15.1 Failure by Finesse Consults Ltd to enforce strict compliance with these Conditions by You shall not be considered to be a waiver of any provisions of these Conditions. No waiver by Finesse Consults Ltd of any breach by You of these Conditions shall be considered as a waiver of any subsequent breach of the same or any other provision.
15.2 Finesse Consults Ltd will post parchments/certificates by standard royal mail (unless recorded delivery is requested and paid for by You), Finesse accept no responsibility for non-delivery of items posted.
15.3 If any provision of these Conditions is invalid or unenforceable in whole or in part; the validity of the other provisions of these conditions and the remainder of the provision in question, shall not be affected.
15.4 A person who is not a party to the contract governed by these Conditions shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999 except where such rights are expressly granted to an Accredited Course Provider further to these Conditions but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
15.5 The contract governed by these Conditions shall be governed by and interpreted in accordance with either English Law or Ugandan Law and the parties agree to submit to the non-exclusive jurisdiction of either the English Courts or the Ugandan Courts.
16.1 By enrolling onto a Finesse Consults Ltd Course You agree to accept our stakeholders terms and conditions which can be found on their websites by following the below links:
16.2 Finesse Consults Ltd are a registered Ugandan company, Company Registration: 80020002412614.
16.3 The Taxpayer Identification Number (TIN) of Finesse Consults Ltd is : 1019952069.
16.4 Finesse Consults Ltd registered Uganda Head Office address: Block B&C 3rd Floor, Ntinda Shopping Complex, Plot 31 Ntinda – Kisaasi Road, Kampala, Uganda.
16.5 Finesse Consults Ltd registered Uganda Head Office telephone number: +256 759 788212.
16.6 Finesse Consults Ltd registered Uganda Head Office main email address: admin@finesseconsults.co.
16.7 Finesse Consults Ltd registered Website: https://www.finesseconsults.co.
18.1 These Conditions shall not affect Your statutory rights as a consumer.
19.1 If you have a complaint relating to any aspect of your course, please raise with Finesse Consults Ltd by emailing admin@finesseconsults.co to allow us to investigate under the Finesse complaints procedure, to resolve the issue. Should you require a copy of Finesse complaints procedure, please make a request by email.