Terms & Conditions

NXT-LVL - Booking Terms and Conditions

These terms and conditions (“T&C”) apply to the provision by NXT-LVL Training & Development Limited of The Mansion House, The Nunnery, Old Castletown Road, Douglas, Isle of Man, IM2 1QB, registered number 022177V (“NXT-LVL”) of a single classroom based session/online course and/or a series of classroom-based sessions/online courses in regards to professional qualifications or professional development (each a “Course”) together with any relevant supporting materials to a delegate and/or a delegate’s employer (the “Customer”).

1. Booking and registration

1.1.  It is the responsibility of the Customer making the booking to ensure that the Course is appropriate for their needs and that they obtain any and all necessary consents to permit them to attend the Course in Isle of Man.

1.2.  The Customer acknowledges that by submitting a booking request to NXT-LVL, they have received the relevant authorisation for attendance on and expenditure for the Course.

1.3.  Places on the Course are limited and will be allocated on a “first-come first-served” basis following receipt of the authorised course booking form.

1.4.  NXT-LVL will confirm in writing to the Customer of the Customer’s acceptance and attendance on the Course, which forms the contractual arrangement between NXT-LVL and the Customer and is confirmation by the Customer of the acceptance of these terms and conditions (the “Agreement”).

2. Payment

2.1.  Course fees are due in full within 14 days of the invoice date unless an agreed arrangement in writing is in place.

2.2.  Any agreed arrangement to pay for Course fees during or after the Course must be made in writing prior to the commencement of the Course.

2.3.  In the event of full payment not being received within 14 days of the invoice date, NXT-LVL reserves the right to refuse admission to the remaining Course dates and reserves the right to not accept future Course bookings from the Customer.

2.4.  NXT-LVL reserves the right to charge interest on outstanding invoices at the rate of 5% per calendar month.

3. Course Cancellation and Non-Attendance

3.1.  All Customer cancellations must be received in writing to a member of the NXT-LVL Team.

3.2.  All Customer cancellations received 21 days (15 working days) or more prior to the commencement date of the Course will receive a full refund less an administration fee of £150. Any study materials already provided must be returned in unused condition, otherwise these will be charged at full retail price.

3.3 Subject to availability, if a Customer wishes to defer the Course to a later period, provided that the request is received in writing to a member of the NXT-LVL Team 21 days (15 working days) or more prior to the commencement date, the amount paid will be held on account for the Customer to be offset against the value of any future course booking. Any new study materials required will be charged at full retail price. No administration fee will apply.

3.3.  No refunds will be given if a Customer withdraws, for whatever reason, within 21 days (15 working days) of the commencement date of the Course.

3.4.  No refund will be given to a Customer who fails to attend a Course without providing notice in writing to a member of the NXT-LVL Team for whatever reason.

4. Course Cancellation or Suspension by NXT-LVL

4.1. NXT-LVL will endeavour not to amend published Course details, however NXT-LVL reserves the right to amend published Course dates, times and tutors without liability. NXT-LVL undertakes to inform the Customer in writing as soon as the amendment is made. In such circumstances, a Customer will be offered a full refund should they be unable or unwilling to attend the Course.

4.2. NXT-LVL will endeavour not to cancel a Course, however, NXT-LVL reserves the right to cancel a Course at any time without liability to a Customer for any expense incurred. In such circumstances, the Customer will be offered a full refund.

4.3. NXT-LVL reserves the right to suspend or vary the operation of NXT-LVL’s obligations to the Customer which are in the nature of force majeure including (but without prejudice to the generality of the foregoing) fire, flood, discontinuation of electricity supply and any other unforeseeable circumstances beyond the control of NXT-LVL.

5. Examinations

5.1. NXT-LVL does not accept any responsibility for registering a Customer with professional bodies or entry for any professional qualification examination(s).

5.2. Course Fees for any Professional Qualification courses do not include any exam fees.

5.3. All cancellations or deferrals for computer-based exams must be received in writing to a member of the NXT-LVL Team 7 days (5 working days) prior to the examination sitting.

5.4. NXT-LVL reserves the right to charge an administration fee for any computer-based examination cancellations or deferrals received.

5.5. No refund of computer-based examination fees will be made under any circumstances.

5.6. NXT-LVL does not accept any responsibility nor any liability relating to the attendance, cancellation or disruption of computer-based examinations provided by an alternative provider.

6. All Courses including Distance Learning and Online

6.1. NXT-LVL has a contractual agreement with Kaplan Publishing to provide distance learning and online courses.

6.2. Notwithstanding any other provisions of these T&C, NXT-LVL does not accept any responsibility nor any liability relating to a Customer utilising any website, or third-party application recommended or utilised by NXT-LVL. A Customer may be required to agree to a third- party’s terms and conditions in order to use their products.

6.3. Notwithstanding any other provisions of these T&C, NXT-LVL does not accept any responsibility nor any liability relating to a Customer including undertaking any course which may have been arranged by NXT-LVL but provided by Kaplan Publishing.

6.4. A Customer participating in a Kaplan Publishing course will be bound by Kaplan Publishing Limited’s terms and conditions www.kaplan.co.uk/about/terms-and-conditions.

6.5. It is a Customer’s responsibility to check that any device that they utilise to access the Online Course is compatible with any minimum specification requirements

6.6  NXT-LVL provides access to the course materials, recorded sessions, and tutor communication via Microsoft Teams. A Microsoft Education Licence will be issued, active throughout the Customer’s studies, granting access to Office 365 applications. Detailed instructions for downloading and using Teams will be provided in the Customer’s joining pack.

6.7 By obtaining a Microsoft Education Licence and associated Microsoft Office 365 applications provided by NXT-LVL (the “Account”), the Customer agrees to abide by the following additional terms and conditions.

6.7.1 The Customer must provide accurate and complete information during the registration process.

6.7.2 The Customer is responsible for maintaining the confidentiality of the Account credentials (username and password).

6.7.3 The Customer is responsible for taking appropriate security measures to protect the Account.

6.7.4 The Customer must notify NXT-LVL immediately if the Customer suspects unauthorised access to the Account.

6.7.5 The Customer is solely responsible for the content of all communication.

6.7.6 The Customer must not use the Account for any unlawful, offensive, or harmful activities.

6.7.7 The Customer must not engage in abusive, disruptive, or unauthorised behaviour while using the Account.

6.7.8 The Customer must comply with all applicable laws and regulations.

6.7.9 NXT-LVL reserves the right to access, monitor, modify, suspend, or terminate the Account at any time without notice. NXT-LVL is not liable for any loss or action resulting from such acts.

6.7.10 NXT-LVL may collect and process Customer personal data as described in the privacy policy of each jurisdiction.

6.7.11 Customer data may be stored, processed, and transferred, as necessary.

6.7.12 The Customer may terminate the Account at any time, subject to any contractual obligations.

6.7.13 NXT-LVL retains all rights to the intellectual property associated with the Account.

6.7.14 The Account is provided "as is" without warranties of any kind.

6.7.15 NXT-LVL is not responsible for any loss of data or damages resulting from the use of the Account.

7. Disclaimer

7.1. NXT-LVL does not accept any responsibility for any Customer property that is lost or stolen from its premises at The Nunnery, Castletown Road, Douglas, Isle of Man.

7.2. NXT-LVL is not responsible to anyone by a Customer’s use of any materials or training provided for any purpose other than training or educational purposes, including but not limited to the giving of advice by a Customer to a third party.

7.3. NXT-LVL does not accept any liability for direct losses arising out of its negligence (other than in respect of liability for death or personal injury), breach of contract or any other cause of action arising out of or in connection with entering into the Agreement and is limited to the value of monies received from the Customer for the Course.

7.4. NXT-LVL does not accept any liability for any consequential or indirect loss, loss of, loss of  use or corruption of software, data or information, loss of or damage to goodwill, howsoever arising.

8. Data Protection

8.1.  NXT-LVL respects a Customer’s privacy and is committed to the protection of personal data.

8.2.  NXT-LVL will process a Customer’s personal data in accordance with the terms of NXT-LVL’s privacy policy in the relevant jurisdiction.

8.3.  Full details of how NXT-LVL collects and processes personal data is contained within NXT-LVL’s privacy policy.

8.4.  NXT-LVL (IOM) Limited is registered in the Isle of as a Data Controller (Reg No: R004502) and complies with the Data Protection (Application of GDPR) Order 2018 and the GDPR and LED Implementing Regulations 2018.

9. Data Sharing

NXT-LVL may pass your personal data to third-party service providers contracted to NXT-LVL as a consequence of providing services to you. If an employer is paying for the Customer’s course, NXT-LVL will share the Customer’s data, course attendance, course feedback and any applicable results with the Customer’s employer.  NXT-LVL will also share the Customer’s data with ACCA and ICAEW institutions.

NXT-LVL requires that all third parties respect the security of the Customer’s personal data and treat it in accordance with the relevant Data Protection Law in the applicable jurisdiction or relevant EU data protection legislation.

NXT-LVL does not allow third-party service providers to use the Customer’s personal data for their own purposes and NXT-LVL only permits the third-party to process the Customer’s personal data for specified purposes and in accordance with NXT-LVL's instructions.

10. General

If any provision contained within the T&C/Agreement is held to be invalid or unenforceable the remaining provisions of the T&C/Agreement shall not be affected and shall be carried out as closely as possible according to the original intent. The Customer acknowledges that they are not entering into the T&C/Agreement in reliance of any statement, representation, assurance or warranty.

11. Jurisdiction

The T&C/Agreement, and any other matters arising out of or in relation to the T&C/Agreement, shall be governed and construed in accordance with the laws of Isle of Man. The Customer agrees to submit to the exclusive jurisdiction of the courts of Isle of Man, as applicable, to settle any dispute arising under these  T&C/Agreement.

12. Other

NXT-LVL may vary these T&C at any time and provide the Customer with written notice of any change to these T&C.