About this Section D
- These Terms and Conditions, being Section A and D apply to Students who register for Samuel & Co Trading SCT Training.
- This Section D applies to registration for SCT Training accessed through Samuel & Co internet enabled portals.
- Training with us, where course start dates are from January 2021 onwards.
- These Terms and Conditions set out the terms of the agreement between you and Samuel & Co, including your rights and obligations as a Student.
- For Specific Level 5 & Level 7 Ofqual Regulated Terms please see here.
- When you register to study with us you are entering into a legal agreement with us which places legally binding obligations on each of us.
- You should make sure that you understand what is expected of you and what you can expect from us. If there is anything in these Terms and Conditions, or in any of the documents that are referred to, that you do not understand or that you wish to discuss, please contact us before you complete your Registration.
- Completion of the training does not mean that you will be more successful in application of that learning in your decision making.
Samuel & Co Trading Good Behaviours
- We agree that if we do not observe these Good Behaviours Students may be asked to withdraw from SCT Training.
- 2.1.1.We treat each other with courtesy and respect, respecting the rights of individuals to hold different beliefs and views and to express them appropriately.
- 2.1.2.We value diversity.
- 2.1.3.We communicate with each other in ways which are clear, relevant, accurate and timely.
- 2.1.4.We act ethically and transparently, providing and making use of fair and open means to deal with our concerns, learning from them.
- As Students,
- 2.2.1.we share the responsibility for learning and make a commitment to study and research using the resources and support services available.
- 2.2.2.we are committed to helping achieve study goals, that studying can be very helpful to positive mental wellbeing in many cases. If however, we let any one Student know that unacceptable behaviour has been observed for whatever cause (mental, emotional, or physical) that is impacting that Students ability to study, or on other’s ability to study or on our teaching and administrative processes, we may ask that Student (who hereby agrees) to take a break or to stop studying completely in such circumstances.
- A breach of Good Behaviours may mean that a person may be removed from Learner status and never be a Learner again.
- “Investment Universe” means that or those live or artificial or mock environments that we permit you access through our Trading Accounts.
- “Junior Trader” means the particular SCT Training modules of that name.
- “Learner” means a natural person registering with us as a student for one or more SCT training modules.
- “Learning Outcomes” has the meaning given to it in clause 7 (Course Content and Learning Activities).
- “Plagiarism” means the intentional or reckless, or unintentional presentation of someone else’s work or ideas as your own, with or without their consent, by incorporating it into your work without full acknowledgement.
- “Registration” means the process by which you become a student. Subject to these terms and conditions you may register for a SCT training.
- “SCT Training” means the particular training programme training excluding Junior Trader Programme available through our services you have selected through a purchase order and the associated learning outcomes, studied by you through our services.
- “SCT Training start date” this means the date on which teaching of a SCT training officially begins. There may be communication or access to learning facilities via us, before this date. You will be informed of the SCT training start date when you register.
- “Student” means a learner studying a particular SCT training. Student may also be referred to generically as a ‘learner’.
The terms of the agreement
- By completing the registration process you have agreed that these Terms and Conditions set out the rights and responsibilities of both parties which will apply while you are a registered Student.
- Additional conditions for disclosure of legal restrictions and conditions
- Disclosure of a criminal conviction is not a requirement to study at Samuel & Co. However, Students who are currently, or become, subject to an order, restriction or arrangement imposed by a court or by an authorised body must make us aware immediately of any conditions which may prevent them from fully engaging with their course and the wider student community, by emailing us as provided for in the contact page on our Website.
- This disclosure helps us support Students in complying with any conditions while studying with us and fulfils our safeguarding obligations, including those subject to Sex Offender Registration and Sexual Harm Prevention Orders (in the United Kingdom; or equivalent Orders outside of the United Kingdom).
- We may impose conditions or vary the terms on your study and/or your access to services and learning activities. Action may be taken if, in our opinion, it is reasonably necessary to do so in order to comply with its duties to protect the health and safety of Students, staff, contractors and members of the public.
- Conditions may be imposed, or terms may be varied by us in order to meet its duties with respect to the safeguarding of young persons or vulnerable/protected adults or in order to comply with its obligations under the Equality Act 2010 or any other statutory duty or obligation.
- The Registration process will be managed by us.
- You must pay the Prices associated with the SCT Training before a registration will be accepted and a Purchase Order complete.
- Prices do not include the cost of any accommodation, transport, or other related costs to you of participation in SCT Training
- When we accept your application to register to study, in writing (by email or through acceptance of a Purchase Order), you (the Student) and Samuel & Co are bound by the terms of this Agreement.
- You must be a natural person, and not any other legal entity to be a Learner.
- If you need to have a student visa to be resident in the United Kingdom, you must arrange for that yourself. We are unable to sponsor your student visa.
- You must not have been suspended or excluded from participating in study at or expelled from any educational establishment.
- If you will be under the age of 18 on the start date of any SCT Training for which you register, your application to Register as a Student with us will be subject to:
- You confirming you believe it appropriate to your learning to participate
- any parental consent; and
- Samuel & Co agreeing to current safeguarding of young person’s requirements applicable to the SCT training.
- Your Registration will become effective when you have paid the Prices associated with the SCT Training, and we confirm formally in writing (by email) that they have accepted your application to register.
- We will determine that there are sufficient places in the selected SCT Training programme. You will be able to access your SCT Training online on the course SCT Training Start Date, unless it is oversubscribed and will have access to resources relevant to your study where available or required as soon as we have confirmed your Registration.
- If an SCT Training is oversubscribed, you may not be able to attend a particular SCT Training programme. We will let you know and give you appropriate options if this is the case.
Course content and learning activities
- SCT Training programme will be as described on our Website and a Purchase Order.
- Where we have secured accreditation for continual professional development or other academic standard we will let you know from whom this has been achieved and details of that accreditation.
- When we have confirmed that your application to register has been accepted, you will be registered on the SCT Training you selected from the Purchase Order.
- You will be given access to the course content and learning activities on the course start date in line with this clause.
- We will not provide any academic student support that is not detailed in the SCT Training. We will not be obliged to provide emotional, social and related support to students.
- We will provide progress assessment and feedback (if any) as described in the SCT Training information shown on our website and Purchase Order.
- To be eligible to achieve credit on a SCT Training, you agree to submit assessments (if any) at the time and in the manner specified.
- Each SCT Training will set out how each Student will be assessed
- The requirements or prerequisites for receiving accreditation for the SCT Training, and how your educational progress will be recorded as related to your participation and performance in the SCT Training will be specified as part of the Purchase Order;
- Your educational or Student records are maintained by us.
- If a particular SCT training has formal assessment, then:
- We will assess each SCT Training Student. We will apply our academic judgment to determine the extent (if any) to which the learning outcomes of the SCT Training(s) have been met.
- Assessments must be submitted in English language if it is in any other language we will put it through translation services, and you will be assessed accordingly.
- We and the Course Administrator reserve the right to cancel, interrupt or reschedule any, tests, quizzes, exams, projects, and other evaluations of progress on giving your reasonable notice wherever possible.
- You acknowledge that, unless expressly stated at the time of purchase, any Certificate will not be affiliated with any university or other certifying institution, and will not stand in the place of a course taken at such an institution
Cancelling your Registration
- If you cancel your Registration to study a SCT Training within 14 calendar days from your purchase transaction date, you will receive a full refund of any fees you have paid for that SCT Training.
- If you cancel within 14 calendar days of SCT Training Start Date, you will not receive a refund of any fees you have paid.
- If you cancel your Registration to study a SCT Training and wish to re-register on the SCT Training at a later date, you may be required to pay the full fee.
- To cancel your Registration and receive any refund that is due, you must contact us via the contact us section of our Website.
- Consequences of cancellation
- 9.5.1.If you cancel your SCT Training you will no longer have access to the course content and learning activities, and you will not be able to participate in any learning or assessment activities.
- 9.5.2. If you have registered to study more than one SCT Training and you have not cancelled all of the SCT Trainings for which you are registered, you will still be able to study those SCT Trainings you remain registered for.
- Samuel & Co’s right to cancel your Registration
- 9.6.1.We may cancel your Registration at any time if:
- 18.104.22.168.we find that you have given us information which is false or misleading, or you do not keep your Personal Information up-to-date;
- 22.214.171.124.you fail to pay Subscriptions at the point of Registration or Regular Subscription subsequently.
- 126.96.36.199.you break any of the conditions set out in this document (and any of the other rules and regulations referred to in it);
- 188.8.131.52.you are excluded from study by us as a result of your behaviour or any breach of restrictions placed on your access to study.
We may also notify the appropriate authorities or seek prosecution if you have supplied fraudulent information.
- If we cancel your Registration for a SCT Training, you will no longer have access to the course content and learning activities, and you may not participate in any learning or assessment activities after the date of cancellation.
- Our Right to make changes
- In addition to our other rights to make changes: The following apply to SCT Training.
- Maintenance of academic standards
We may suspend or cancel Registrations for a SCT Training where at the start date of the SCT Training:
- 10.2.1.where either too few or too many Students have registered for the SCT Training to enable us to provide an appropriate learning experience and/or assessment opportunity in order to meet the learning outcomes of the SCT Training and/or accreditation requirements; or
- 10.2.2.in the case of the first presentation of a SCT Training, where notice has been given during Registration that the SCT Training is under development or subject to accreditation or validation, and we are unable to guarantee that the appropriate academic standards will be met or that any relevant accreditation or validation will be secured by the time the SCT Training starts; or
- 10.2.3.there has been an unforeseen development in the subject area, teaching or assessment methods since Registration opened for that academic year that requires significant change in order to maintain the currency or academic standards of the SCT Training or the academic reputation of Samuel & Co, that we are not reasonably able to make before it starts; or
- 10.2.4.there has been an unforeseen withdrawal of accreditation or validation for a SCT Training since registration opened for that academic year that we are unable to resolve before the SCT Training starts.
- 10.2.5.We will make all reasonable efforts to inform you of any such changes as early as possible and to provide reasonable alternative arrangements wherever practicable to do so.
Short-term changes to learning, teaching and assessment arrangements:
- 10.3.1.We may have to postpone, re-structure or cancel learning activities, and other teaching sessions or assessments due to the occurrence of an event or circumstance beyond its reasonable control including, but not limited to, industrial action, short notice absence of teaching or other staff, or short notice unavailability of premises, facilities, platform, or materials. We will make all reasonable efforts to inform you of any such changes as early as possible and to provide reasonable alternative arrangements wherever practicable to do so.
Changes to SCT Training
- 10.4.1.We will not normally make changes to an SCT Training learning outcomes for Students who are registered on that SCT Training, except:
- 10.4.2.A change to a SCT Training on which you are registered will normally only be made if the change is required immediately in order to correct a significant error or omission, as the result of a legal or regulatory requirement or in order to meet the requirements of a validating or accrediting body.
- 10.4.3.Where a change is made to an SCT Training on which you are registered you will be given as much notice as possible of the change and, if there is any detriment to you as a result of the change, you will be given the opportunity to withdraw from that SCT Training without financial penalty.
- 10.4.4.SCT Trainings for which an SCT Training Start date has not yet passed, may be changed or withdrawn at short notice.
Payment of fees
- When you register on a SCT Training you agree that you will pay the Prices which are due in respect of the SCT Training at the point of Registration, or by other arrangement with us. The Prices you agree to pay is shown as part of our Purchase Order and will be payable directly to us.
Refund of fees
- 11.2.1.Failure to engage with the course content and/or learning activities does not entitle you to a refund of fees.
- 11.2.2.Except where you cancel your Registration within 14 calendar days of your purchase transaction, there will be no refund of fees if you wish to end your studies.
- 11.2.3.Any refunds will be made by us to you directly through a bank account at a banking institution.
Failure to pay fees and charges
- 11.3.1.If you do not pay your fees or provide an approved payment method, such as an arrangement for payment via your employer or another third party at the time of Registration through us, your Registration will not be accepted.
Sharing information in learning activities
- Learning activities may include compulsory activities for your SCT Training. When you participate in learning activities for your SCT Training, your name, preferred email address and the content you contribute, will be visible to our staff who have a need to see the information concerned.
- Your profile name and the content you contribute will be visible to other Students on the online course.
- Licence to use
- Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable, limited right and licence:
- to access, privately use and display the Website and SCT Training as an individual only at your location solely as necessary to browse and/or participate in the SCT Training as permitted by these Terms; and
- to download permitted content from the SCT Training so that you may exercise privately the rights granted to you by these Terms.
- Under no circumstances are you permitted to make the content provided under this licence available to others for profit or gain.
- You must abide by all copyright notices or restrictions contained on the Website or the SCT Training. You may not delete any attributions, legal or proprietary notices on the Website or the SCT Training.
- Certain Samuel & Co Trading partners may, at their own discretion, make available certain material available under a separate licence. Should partner institutions choose to do this, it will be clearly identified. We acknowledge that the separate licence will override in its own terms this Agreement as appropriate.
- Your Liability to Us
- 13.4.1.You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages, or other monetary relief brought, made, or awarded against or incurred by us resulting (directly or indirectly) from:
- 184.108.40.206.you submitting content to the Website or participating in the online courses; and
- any negligent act or omission, deliberate default, or breach of statutory duty on your part.
- This clause survives the expiry of these Terms.
Samuel & Co Trading ’s Intellectual Property Rights
- We are the owner or the licensee of all necessary intellectual property rights in all aspects of the SCT Training including but not limited to the technology, source code, all content, software, scripts, images, type, typeface, presentation, graphics, and audio (the “Online SCT Content and Courses IPR”). The Online SCT Content and Courses IPR is protected to the fullest extent possible by copyright laws, through intellectual property and copyright laws and treaties around the world and we reserve all rights in respect of this. All such rights are reserved.
- You agree that the Online SCT Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online SCT Content and Courses IPR will vest in us or the licensor, as applicable and you have no right of ownership to the Online SCT Content and Courses IPR.
- You agree that you have no rights in or to the Online SCT Content and Courses IPR other than the right to use it in accordance with the terms of the license in clause 13 (Sharing information in learning activities).
- Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“Samuel & Co Trading IPR”).
- If any Online SCT Content and Courses IPR or Samuel & Co Trading IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online SCT Content and Courses IPR or Samuel & Co Trading IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online SCT Content and Courses IPR or Samuel & Co Trading IPR.
- You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the SCT Training materials or our Website.
- You authorise and agree to us having a limited power of attorney to execute all such deeds, documents, acts and things as we may reasonably require in order to assign any Online SCT Content and Courses IPR and/or Samuel & Co Trading IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.