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Terms, Conditions & Policies

This page contains information on our Privacy Policy, Cookie Policy, our Terms of Use and Terms of Business.

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If you have any questions on any of these policies please email 

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Admissions@marlowbusinessschool.com

Privacy & Cookies

PRIVACY POLICY

 

Marlow Business School (Marlow Business School, we, us and our) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you access the Marlow Business School platform or visit our website (regardless of where you visit it from), attend our training courses or provide training courses using Marlow Business School branding or materials (Courses)and tell you about your privacy rights and how the law protects you.

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Marlow Business School courses and services and our website are not intended for children, and we do not knowingly collect data relating to children.

Marlow Business School is the data controller and responsible for your personal data. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy notice or our data protection practices, please contact our DPO (David Ivell) using the following details:

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admissions@marlowbusinessschool.com

 

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

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We keep our privacy policy under annual review. This version was last updated on 6 January 2024. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Marlow Business School and our website and Course materials may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave Marlow Business School or our website, we encourage you to read the privacy policy of every website you visit.

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Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

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Where you access the website, Marlow Business School, or attend a Course delivered by us, we will act as a controller of your personal data.

 

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, profession, date of birth and gender.

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 • Contact Data includes address, email address and telephone numbers.

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• Course Data includes details of courses you have attended together with any certifications obtained, any dietary requirements (if appropriate) you have notified to us and any relevant disability or healthcare information you have provided to us in order that we can make reasonable adjustments to the Course being provided.

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• Financial Data includes bank account and payment card details - although we engage with organisations not individuals, we may be provided with payment cards which are in the names of individuals at the organisation.

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• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

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• Profile Data includes your username and password, your interests, preferences, feedback and survey responses.

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• Usage Data includes information about how you use our website, Courses and services.

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• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose.

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Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Platform or website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

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To the extent that any Special Categories of Personal Data are collected via our Platform or our website (this may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, information about your health and genetic and biometric data and is most likely to include information about your health provided so that we or trainers can make adjustments to Courses) it will be for the purpose of you receiving training from. The lawful basis for processing data is for the performance of a contract with you, and the condition for processing Special Categories of Personal Data under Article 9 UK GDPR is explicit consent under Article 9(2)(a) UK GDPR. If you would like to withdraw your consent to us holding any Special Categories of Personal Data please inform us and we will action that withdrawal.

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Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services). In this case, we may have to cancel a service you have with us, but we will notify you if this is the case at the time.

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As you interact with Marlow Business School or our website, courses or services, we will automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.

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We will receive personal data about you from various third parties and public sources as set out below: Technical Data from the following parties:

i. analytics providers such as Google Tag Manager and HubSpot based outside the UK;

ii. advertising networks including social media retargeting based outside the UK; and

iii. search information providers such as Google based outside the UK.

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We may also use identity and Contact Data from publicly available sources such as UK Companies House, if there is a legitimate basis for doing so.

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We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

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• Performance of a contract: where we need to perform the contract, we are about to enter into or have entered into with you.

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• Legitimate interests: where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate interests means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

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• Legal obligation: where we need to comply with a legal obligation. Generally, we do not rely on consent as a legal basis for processing your personal data unless specifically indicated (for example where you provide us with Special Category Data in relation to a booking for a Course). You have the right to withdraw consent to marketing communications at any time by contacting us.

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We have set out below,  a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out below.

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  • To register you as a user of our services, including to create your user account in Marlow Business School or our website and to process details of any Courses you have attended or will attend. Type of data: a) Identity b) Contact c) Course.  Lawful basis: a) Performance of a contract with you. b) Article 9 basis for processing special categories of personal data: Article 9(2)(a) UK GDPR: explicit consent.

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  • Providing our Courses. Type of data: a) Identity b) Contact c) Course d) Recruitment e) Financial f) Marketing and Communications. Lawful Basis; a) Performance of a contract with you, b) Necessary for our legitimate interests (to recover debts due to us). c) Article 9 basis for processing special categories of personal data: explicit consent under Article 9(2)(a) UK GDPR.

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  • To manage our relationship with you which will include: a) Replying to requests for information. b) Notifying you about changes to our terms or privacy policy. c) Asking you to leave a review or take a survey. Types of data; a) Identity b) Contact c) Profile d) Marketing and Communications. Lawful basis: a) Performance of a contract with you. b) Necessary to comply with a legal obligation. c) Necessary for our legitimate interests (to keep our records updated and to study how potential customers use our services). d) Article 9 basis for processing special categories of personal data: Article 9(2)

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  • To deliver relevant Platform and website content and marketing information (including advertisements and details of Courses) to you and measure or understand the effectiveness of the marketing information we serve to you. Types of data: a) Identity b) Contact c) Profile d) Usage e) Marketing and Communications f) Technical. Lawful basis: Necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform our marketing strategy).

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  • To use data analytics to improve our Platform, website, services, marketing, customer relationships and experiences. Types of data: a) Technical b) Usage. Lawful basis: Necessary for our legitimate interests (to define types of customers for our services, to keep Marlow Business School and our website updated and relevant, to develop our business and to inform our marketing strategy).

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.We provide you with choices regarding certain personal data uses, particularly around marketing and advertising undertaken by us. We may use your Identity, Contact, Technical and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us, expressed in an interest in our services or registered with or provided your details to us via our website, or received services from us, and you have not opted out of receiving that marketing.

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Where you are an individual, we will get your express opt-in consent before we share your personal data with any third party for marketing purposes. Where you are a business, we will share your business email address with third parties within our group of companies for marketing purposes where you have expressed an interest in our services or where you have received services from us on the basis of our legitimate interest in developing the services provided by our group.

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You can ask us or third parties to stop sending you marketing messages by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service experience or other transactions.

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We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

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We may share your personal data with the parties set out below:

a) Other companies in our group and who are based inside and outside of the UK and provide administration services and undertake group reporting.

b) Service providers acting as processors based inside and outside of the UK such as HubSpot, Inc. and who are based in the USA who provide IT and system administration services

c) Third party trainers for the purpose of delivering Courses to you. d) The organisation which employs, will employ or has employed you where we are sharing details of Courses you have attended or are to attend.:

d) Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

e) HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.

f)Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.

 

Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

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We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

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We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

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We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

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We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

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Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to:

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 • Request access to your personal data (commonly known as a data subject access request). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

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• Request correction of the personal data that we hold about you This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

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• Request erasure of your personal data This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

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You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

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We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

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We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

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COOKIE POLICY

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Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website.

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 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.

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We use the following cookies:

 • Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or make use of e-billing services.

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• Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.

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• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

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• Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

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You can find more information about the individual cookies we use and the purposes for which we use below:

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Strictly necessary cookies: These cookies are used to store information about your consent for each of the types of cookies used on the website.

cookielawinfocheckbox-analytics

• cookielawinfocheckbox-functional

• cookielawinfocheckbox-necessary

• cookielawinfocheckbox-others

• cookielawinfocheckbox-performance

• viewed_cookie_policy

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Analytical or performance cookies: These cookies are used to store information, or may be used for authentication or security.. These cookies contain no personally identifiable information, but they will use your IP address to know where in the world you are accessing the internet. Google stores the information collected by these cookies on servers in the United States and may transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.

Google Analytics and Google Ads:

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• _ga

• _gid

 • _gat_UA-130421513-

• _gcl_au

• NID

• SEARCH_SAMESITE

• AEC

• CONSENT

• SOCS

• 1P_JAR

• __Secure-3PSIDCC

• __Secure-3PSID

• SAPISID

• APISID

• SSID

• __Secure-1PSID

• __Secure-1PSIDCC

• __Secure-1PSIDTS

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Marketing Permissions

 

By submitting a form to apply for more information, to request a brochure, or to download any report provided by the Marlow Business School, or by initiating a request for a video or voice call, you are hereby granting permission for us to continue sending you marketing material from the School. Should you wish to exercise your right to be forgotten or opt out of receiving further communications, you may do so by emailing admissions@marlowbusinessschool.com. We respect your privacy and are committed to honouring your preferences regarding communication from us.

Terms of Use & Business

TERMS OF USE

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Please read these terms of business and use carefully before using any service from Marlow Business School or our website or attending a Course delivered by us.

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1.By using the Marlow Business School website or by attending in-person or on-line a training course delivered by us (Course), you confirm that you accept these terms of use (Terms) and that you agree to comply with them. If you do not agree to these Terms, you must not use the Marlow Business School services or our website or attend a Course.

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For the purpose of these terms. “Marlow Business School” we refers to any system, course, service, content or any other asset, IP, Website, Social Media Presence or anything else that we may rightfully consider pertaining to Marlow Business School.

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2. We are Marlow Business School. You can contact us by telephone on +44 7398 767 346; by email at

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Admissions@Marlowbusinessschool.com

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3. We may make changes to these Terms and to Marlow Business School, our courses, services and our website. We may amend these Terms from time to time. Every time you wish to use any service provided by Marlow Business School or our website or attend a Course, please check these Terms to ensure you understand the Terms that apply at that time. We may update and change any of our services, our website or our Courses, from time to time to reflect changes in applicable laws or to our services, our users' needs, and our business priorities.

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4 When you place an order for (or enrol in) a Course through Marlow Business School, our terms of business provided to your organisation will apply to and will govern your order, and the provision of any Courses or services we agree to provide to you or your users. You must only place an order for a service or enrol in a Course if your organisation has agreed our terms of business. We do not guarantee that Marlow Business School or our website, or any content on Marlow Business School or our website, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our services or courses or our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access or attend Marlow Business School, our services and courses or our website through your internet connection, are aware of these Terms and other applicable terms and conditions, and that they comply with them.

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5. You must keep your account details safe. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out above.

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6. We are the owner or the licensee of all intellectual property rights in Marlow Business School and our website, and in all material (including training materials) published by Marlow Business School and our website. For avoidance of doubt this includes all courses that Marlow Business School has created in the past and present. For example The International CTO Programme. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may, where we specifically permit you to, download or print documents made available to you from our website, services or courses. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.  

 

Our status (and that of any identified contributors) as the authors of content on Marlow Business School services, courses and our website must always be acknowledged. You must not use any part of the content from Marlow Business School, our services or courses or our website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, share or repost any part of the Marlow Business School services or courses or our website in breach of these Terms, your right to use any of our services, courses and our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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7 You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to Marlow Business School or our website or any services provided via, or in relation to, Marlow Business School, The International CTO, any other courses or services we profide or our website. This includes using (or permitting, authorising, or attempting the use of):  Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of Marlow Business School content or our website or any data, content, information or services accessed via the same. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations are not allowed. This shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

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8 The content on Marlow Business School and our website (including any training materials) is provided for general information only. We record the details of any Courses that you successfully complete and we may provide you with personal certification details and/or details of continuing professional development hours following your successful completion of a Course and it is your responsibility to ensure that these details are correct. You must obtain legal and/or other professional advice before taking, or refraining from, any action on the basis of the content on Marlow Business School, any of our course or our website. Although we make reasonable efforts to update the information on Marlow Business School and our website, services and courses, we make no representations, warranties or guarantees, whether express or implied, that the content within our courses or services or our website is accurate, complete, or up to date.

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9 We are not responsible for websites we link to. Where Marlow Business School or our website or any training materials contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

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10. User generated content is not approved by us. Marlow Business School and our website and training materials may include information and materials uploaded by other users of Marlow Business School or our website. This information and these materials have not been verified or approved by us. The views expressed by other users of Marlow Business School, or our website do not represent our views or values. If you wish to complain about any of the content on Marlow Business School or our website, please contact us using the contact details set out above. Complaints will be dealt with in accordance with our customer service policy which is available from us on request.

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11. You will only be issued with a Course certificate and certified in respect of the methods we teach during the Courses once we have determined that you successfully meet all the Course criteria and provided that you have fully participated in the Course and paid all fees. The Course criteria will be communicated to you during the Course. The Course is scheduled to begin on the date, and will be of the duration, specified in the information made available to you by us (or the organisation which has organised the Course on your behalf) in advance of the Course taking place. You must ensure that you attend the Course on the date and time notified to you.

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12. You must co-operate with us in all matters relating to Marlow Business School and the Course and you agree that any contributions you make to Marlow Business School, or a Course must not: be defamatory of any person; be damaging to our reputation; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; promote any illegal content or activity; be in contempt of court; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person or misrepresent your organisation's identity or affiliation with any person; and/or contain any advertising or promote any services or web links to other sites.

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13. If you have any questions or complaints about Marlow Business School or a Course or service, please contact us. You can write to us at

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admissions@marlowbusinessschool.com

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14. Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. We do not warrant that: Marlow Business School or website will operate error free or that Marlow Business School, our website or any material we upload to our courses and services or our website are or will be free of computer viruses or similar contamination or destructive features; will run on any particular computer system or browser; or that any material we upload to Marlow Business School, our courses or services or our website are or will be accurate, complete, reliable, secure, useful, fit for purpose or timely. It is your responsibility to ensure that the details of any professional certifications or details of continuing professional development hours we provide are accurate and complete.

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The Marlow Business School, our website and any material we upload to our courses or services or our website are provided on an “as is” and “as available” basis without any warranties, condition or representation of any kind and we disclaim all warranties, conditions and representations including, but not limited to, the warranties, conditions or representations of merchantability, non-infringement of third parties rights, and fitness for particular purpose. If there are any issues with the details of any professional certifications or details of continuing professional development hours we provide it is your responsibility to inform us of any issue in order that we may take steps to rectify any issue that arises.

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We exclude all implied conditions, warranties, representations or other terms that may apply to Marlow Business School, our website or any content on them. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:  use of, or inability to use, Marlow Business School courses and services or our website; or use of or reliance on any content displayed on Marlow Business School website or within our courses. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. If you are a consumer user: Please note that we only provide Marlow Business School Courses and services and our website for domestic and private use. You agree not to use Marlow Business School or our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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15. You will be required to register with us in order to attend a Course or access and use certain features of Marlow Business School, courses, services and/or our website. If you choose to register with us, you may be asked to provide certain information. You agree to provide and maintain true, accurate and current information as prompted by Marlow Business School, and our courses, services and our website If you choose not to provide any information requested via Marlow Business School, courses, services or our website, you acknowledge and agree that you may not be able to benefit from the Course or use certain aspects of Marlow Business School, The International CTO Programme, any other course we provide or any service we provide or our website. We are committed to protecting and respecting your personal data and privacy. We will only use your personal information in accordance with our privacy policy.

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16. You retain all of your ownership rights in any content you upload to Marlow Business School or the website, but you are required to grant us and other users of Marlow Business School, courses and services and our website a limited licence to use, store and copy that content and to distribute and make it available to other users of Marlow Business School and the website for the purpose of delivering our services. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Marlow Business School or our website constitutes a violation of their intellectual property rights or of their right to privacy. We have the right to remove any posting you make on Marlow Business School or our website if, in our opinion, your post does not comply with other requirements within Terms of Use, Terms of Business or Privacy Statement. If you wish to contact us in relation to content you have uploaded to Marlow Business School or our website and that we have taken down, please contact us using the contact details set out above. You are solely responsible for securing and backing up your content. You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

17. When you upload or post content to Marlow Business School or our website, you grant us the following rights to use that content: a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by Marlow Business School or our website and across different media including to promote Marlow Business School,

any or our courses, any of our services and our website.

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18. We are not responsible for viruses, and you must not introduce them. We do not guarantee that Marlow Business School, courses or services or our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Marlow Business School or our website. You should use your own virus protection software. You must not misuse Marlow Business School, our courses or services or our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Marlow Business School or our website, the servers on which Marlow Business School, courses or services or our website are stored, or any server, computer or database connected to Marlow Business School, courses or services or our website. You must not attack Marlow Business School or our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Marlow Business School, our courses or services and our website will cease immediately.

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19. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on Marlow Business School or our website other than that set out above, please contact us using the contact details set out above.

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20. We are not responsible for events outside our control. If our provision of the services or support for Marlow Business School, courses or services or the website is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any services you have paid for but not received. We may end your rights to use Marlow Business School and the courses and services if you break these Terms

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21. We may end your rights to use Marlow Business School, our courses and services and our website and services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Marlow Business School, courses and services and our website you must stop all activities authorised by these Terms, including your use of Marlow Business School and any courses and services.

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22. If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms, their subject matter and their formation (and any noncontractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

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23. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

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24. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms. If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing these Terms, we can still enforce them later. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

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25. These Terms, their subject matter, and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

                                                   

 

TERMS OF BUSINESS

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These Terms of Business (Terms) apply to any organisations whose employees, agents, contractors, consultants, other staff (Personnel) access our platform at Marlow Business School or attend a training course (a Course) provided by or on behalf of Marlow Business School  (the Services) (each organisation being referred to as an Organisation or you). These Terms tell you who we are, how we will provide our Services to you (e.g. delivery of Courses and access Marlow Business School courses for you and your Personnel), how you and we may change or end the contract between us, and other important information. Depending on how you receive our Services, and/or what aspects of our Services you receive, different provisions of these Terms will apply. If any other Services are agreed with you we will provide you with a set of terms which will form a further Part to these Terms.

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Our contract applies to all Organisations in relation to their access and use of Marlow Business School, all courses and services and together with the Terms of Use, which govern access to Marlow Business school and all courses and services they provide, set out the contract between us and you for the provision of and access to Marlow Business School and all courses and services (Contract). The Contract applies to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

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Authority. You represent and warrant that you, and your Personnel who sign your organisation up as an Organisation, and/or make or arrange payment to Marlow Business School on your behalf, have full capacity and authority to enter into these Terms and any Contract with Marlow Business School.

 

If any of your Personnel are entering into the Contract, and/or make payment to Marlow Business School purportedly on your behalf, you agree and acknowledge that:

  1. where you are aware such Personnel are acting in this manner, you shall be bound by their acts and/or omissions and represent and warrant that they are a duly authorised representative of you as an Organisation; and

  2. where such Personnel have been acting without your prior knowledge, you will notify us immediately upon becoming aware that they are acting in an unauthorised manner.

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You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

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Payment of the Fees shall be made by debit or credit card (Visa or Mastercard), or bank transfer, following issue of a Booking Confirmation and/or our invoice pursuant to clause.

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Changes to our Fees. Our Fees may change from time to time, but changes will not affect any existing Courses and/or paid Marlow Business School fees.

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Our Fees are exclusive of VAT or equivalent tax. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the relevant Fees.

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You agree and acknowledge that any payment received by us from your Personnel shall be deemed by us to be on your behalf unless notified otherwise.

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If you do not make any Fees payment to us by any due date we may charge interest to you on the overdue amount at the rate of four percent (4%) per annum. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

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If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date or, if the invoiced sum was incorrect, from the date the dispute is resolved.

You shall pay all amounts due under the Contract in full without any setoff, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

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You commit to provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;

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Marlow Business School and the Organisation purchasing courses or services from Marlow Business School agree and acknowledge that: for the purposes of the Data Protection Laws, we will both comply with all applicable requirements of the Data Protection Laws; and each are separately responsible for their actions under the Data Protection Laws.

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The Organisation purchasing courses or services shall indemnify Marlow Business School against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Marlow Business School arising out of or in connection with the breach of the Data Protection Laws by the Organisation or Personnel.

Marlow Business School may, at any time on not less than thirty (30) days’ notice, revise this clause by replacing it with any applicable controller to processor standard clauses or similar terms adopted under the Data Protection Laws. This is in addition to, and does not relieve, remove or replace a party's obligations under the Data Protection Laws.

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YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE. This clause will survive termination of any Contract. To the fullest extent permitted by law, except as expressly provided otherwise in these terms and conditions, we exclude all warranties, representations, terms, conditions or other commitments of any kind, that may apply to our Courses, or the Services, whether express or implied, statutory or otherwise, and we specifically disclaim all implied warranties, including (without limitation) any warranties, representations, terms, conditions or other commitments of merchantability or fitness for a particular purpose or of satisfactory quality or of reasonable skill and care.

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We are not liable to you for any indirect or consequential losses or for any loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, or loss of or damage to goodwill (in each case whether direct or indirect).

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Our total liability to you arising under or in connection with any Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Marlow Business School Course Fees paid by you in the twelve (12) month period preceding the date on which the relevant claim or claims arise.

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Nothing in the contract excludes or limits our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any other liability which by law cannot be excluded or limited.

You will defend, indemnify us in full and keep us indemnified against all losses, damages, costs (on a solicitor and own client basis), claims, expenses and liabilities suffered or incurred by us arising out of or in connection with any breach by you or your Personnel (as applicable) of the Contract or any misuse by you or your Personnel of Our Methods or Materials, or any claim, demand, suit or proceeding made or brought against us by a third party arising from any breach by you or your Personnel (as applicable) of our policies, code of conduct, manuals or any other instructions given by us in connection with Our Methods or Materials.

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We will not refund you for any Course Fees paid for Courses for individuals who subsequently leave your Organisation. Individuals will be able to rely upon and use their Marlow Business School certificate and certification with other organisations after they leave your Organisation.

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All intellectual property rights in or arising out of or in connection with the Services, Our Methods, and Our Materials will be owned by us.

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You acknowledge and agree, and will procure that your Personnel (as applicable) acknowledge and agree, that:

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  • all right, title and interest (including intellectual property rights) in and to Our Materials and Our Methods remain vested in us and that you and your Personnel do not have any rights to Our Materials and Our Methods other than as specifically set out in these Terms; and

  • any intellectual property rights arising out of or in connection with a Course, including but not limited to, any improvements, updates, modifications or adaptations to Our Materials and Our Methods, will be owned by us.

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You must, and must procure that your Personnel will:

  1. not remove any copyright or trade mark notices on Our Materials, or cause or permit anything to be done which may damage or endanger Our Methods, Our Materials, or any other intellectual property of us or our title to them or assist or allow others to do so;

  2. not sell, commercialise, copy, adapt, reverse engineer, modify, display, transmit, create derivative works of, or distribute Our Materials, or Our Methods, except as expressly permitted pursuant to these Terms;

  3. notify us of any suspected infringement of our intellectual property rights of which you become aware;

  4. take such reasonable action as we shall direct, at our expense, in relation to any such infringement;

  5. compensate us for any use by you or your Personnel of Our Methods, Our Materials, or our other intellectual property rights otherwise than in accordance with these Terms;

  6. on the expiration or termination of the contract for whatever reason, immediately cease all use of our intellectual property rights, except to the extent expressly permitted otherwise under these Terms;

  7. not use, or seek to register, our trademarks or any derivation of them without our consent; and

  8. not use any other trade mark or logo with or in relation to Our Materials, or Our Methods.

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You will not, and will procure that your Personnel (if applicable) will not, do, or omit to do, or permit to be done, any act that will or may weaken, damage or be detrimental to our trademarks or other intellectual property rights, or the goodwill associated with them. Any goodwill derived from your use of Our Methods, Our Materials, or other intellectual property will accrue to us. You will not, and will procure that your Personnel will not, apply for, or obtain, registration of any marks that are similar to our trade marks in any country in the world.

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Confidentiality. This clause will survive termination of any Contract between us. You undertake that you will not, and you will procure that your Personnel will not, during the term of any Contract or afterwards, disclose to any person any confidential information concerning our business, affairs, customers, Trainers, clients, suppliers, intellectual property, Our Materials, or Our Methods and that you will use the same degree of care that you use to protect the confidentiality of your own confidential information in respect of our confidential information. You may disclose our confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, provided that you give us prior notice of the disclosure (to the extent legally permitted) and reasonable assistance, at our cost, if we wish to contest the disclosure. You may only use our confidential information for the purpose of fulfilling your obligations and exercising your rights under these Terms.

 

Our rights to end the contract. We may terminate any Contract in place at any time by writing to you if:

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(a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;

(b) you and/or your Personnel breach our Terms of Use;

(c) you or your Personnel do not comply with our code of conduct, policies, manuals and any other instructions we issue from time to time with respect to Our Methods or Our Materials;

(d) you or your Personnel have, or we reasonably believe you or your Personnel have, infringed our intellectual property rights or other rights;

(e) you or your Personnel have acted in a way that we reasonably believe will or may bring us into disrepute;

(f) you or your Personnel have engaged, or we reasonably suspect you have engaged, in any illegal, fraudulent, or abusive activity in connection with the contract or your or your Personnel's use of Marlow Business School’s content, IP, Course or Service; or

(g) we terminate your or your Personnel's enrolment in any Course for any reason.

 

You must not attempt to procure services that are competitive with the Services from any of our directors, Trainers, employees, or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six (6) months following termination of any Contract.

New products and services. We may introduce new products and services from time to time, which may be subject to additional fees and charges and additional terms and conditions, as notified to you from time to time.

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Assignment and transfer;

(a) We may assign or transfer our rights and obligations under any Contract to another entity.

(b) You may only assign or transfer your rights or your obligations under a Contract to another person if we agree in writing.

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Survival. Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

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Waiver. If we do not insist that you perform any of your obligations under a Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

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Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

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Third party rights. Each Contract is between you and us. No other person has any rights to enforce any terms of any Contract.

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Governing law and jurisdiction. All Contracts are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contracts to the exclusive jurisdiction of the English courts

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It is always possible that, despite our reasonable efforts, some of the Marlow Business School Courses, Services and the website may be incorrectly priced. The correct price will be shown in the Booking Confirmation. If due to an error the correct price for the Course or Service is different to the price stated on Marlow Business School website or published elsewhere such as social media, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Course at the correct price or cancelling your Booking. We will not process your Booking (to the extent practicable) until we have your instructions. If we are unable to contact you using the contact details you provided during the Booking process, we will treat the Booking as cancelled and notify you in writing. However, if we mistakenly accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Marlow Business School Course and refund you any Course Fees you have paid.

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By providing your payment details, and receiving a Booking Confirmation, you are agreeing that we are authorised to issue invoices and/or take payment of the Fees when due and owing using the payment method that was provided by you or your Personnel when registering or to invoice you for the relevant Marlow Business School Course Fees. You shall pay all Marlow Business school Fees in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

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If you wish to make a change to your or your Personnel's  Course enrolment, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may terminate the Contract for that Course and your or your Personnel's enrolment in the Course in in accordance with our cancellation and refund policy.

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If you wish to transfer your or your Personnel's enrolment between equivalent courses and we are able to accommodate such transfer, the following transfer policy applies:

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(a) if you let us know that you wish to make the transfer no less than four (4) weeks in advance of the Course start date, no transfer fee will apply;

(b) if you let us know that you wish to make the transfer less than four (4) weeks but more than two (2) weeks in advance of the course start date, we will invoice you for an amount equal to fifteen percent (15%) of the Course Fees (plus VAT) as a transfer fee; and

(c) if you let us know that you wish to make the transfer two (2) weeks or less in advance of the course start date, we will invoice you for an amount equal to twenty-five percent (25%) of the Course Fees (plus VAT) as a transfer fee.

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If you wish to change or replace your or your Personnel's enrolment in any Course with another one of your Personnel, no transfer fee will apply.

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Our rights to make changes and suspend a Marlow Business School Course. After your Personnel have enrolled in a Course, we may change the Course content to:

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(a) reflect changes in relevant laws and regulatory requirements; or

(b) implement minor changes or improvements.

In addition, we may on occasion need to make more significant changes to a Course. We will notify you and your Personnel of any such changes.

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We may have to change the Course timing or suspend the provision of a Course to:

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(a) deal with technical problems or make minor technical changes; or

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(b) update the Course to reflect changes in relevant laws and regulatory requirements.

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We will use reasonable endeavours to contact you and your Personnel in advance to tell you we will be changing the Course timing or suspending provision of your or your Personnel's Course. If our supply of a Course is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If we have to suspend the Course for longer than two (2) months, either we or you may end the Contract for that Course and your or your Personnel's enrolment in the Course, and we will refund any Course Fees you have paid in advance for the Course in respect of the period after the date we suspended the Course.

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If you do not pay any part of the Course Fees when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend your or your Personnel's enrolment in the Course until you have paid us the outstanding amounts. We will contact you and your Personnel (as applicable) to tell you we are suspending your or your Personnel's enrolment in the Marlow Business School Course.

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We may terminate your or your Personnel's enrolment in a Course at any time by writing to you if:

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(a) you do not make any payment to us when it is due, and you still do not make payment within seven (7) days of us reminding you that payment is due;

(b) your or your Personnel's rights to access our courses are revoked and/or suspended;

(c) you or your Personnel do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Course;

(d) you or your Personnel do not comply with our code of conduct, policies, manuals and any other instructions we issue from time to time with respect to Our Methods or Our Materials;

(e) you or your Personnel have, or we reasonably believe you or your Personnel have, infringed our intellectual property rights or other rights;

(f) your Default prevents provision of the Course for thirty (30) days or longer;

(g) you or your Personnel have acted in a way that we reasonably believe will or may bring us into disrepute; or

(h) you or your Personnel have engaged, or we reasonably suspect you have engaged, in any illegal, fraudulent, or abusive activity in connection with the contract or your or your Personnel's enrolment in a Course.

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On termination of the Contract for a Course or your or your Personnel's enrolment in a Marlow Business School Course for any reason:

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(a) except to the extent expressly provided otherwise in these Terms, all rights and licences granted to you and your Personnel pursuant to these Terms will cease, and you will immediately cease all use of our intellectual property rights in relation to that Course; and

(b) you will immediately pay all amounts due and outstanding to us as at the date of termination; and

(c) you will, and will procure that your Personnel will, immediately return any of our confidential information and Our Materials in your possession or control.

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