Terms & Conditions
myMarkis.com (myMarkis) is operated by City & Guilds Limited (City & Guilds, we, our or us). City & Guilds is a company limited by shares (Reg. No. 16513878). Our registered address is Giltspur House, 5–6 Giltspur Street, London EC1A 9DE. We are regulated by Ofqual.
These website terms and conditions (Terms) govern your use of myMarkis and any purchase you make via myMarkis. By setting up a myMarkis account, or by using myMarkis, you agree to be bound by these Terms.
In addition, we will process any personal information you provide to us via myMarkis in accordance with our privacy policy.
SECTION A – Terms and Conditions of Acceptable Use
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Account authentication
You warrant and undertake that all information provided to us in relation to your myMarkis account is true, accurate, complete, and not misleading in any way.
If you are using myMarkis on behalf of an organisation (e.g., your employer or an Approved Centre), you warrant and undertake that you have permission to set up a myMarkis user account and have authority to make orders or carry out administrative activities on its behalf.
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Password protection
User names and passwords are personal to each user of myMarkis. You are responsible for keeping your account details confidential and must not share these details with any other person or organisation. If you believe your account details have been lost, disclosed, or used by another person, you must reset your password and contact City & Guilds immediately.
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Use of information available via myMarkis
City & Guilds may enable certain authorised users of myMarkis (eg Approved Centres) to view and/or edit the personal information of other myMarkis users and of learners who have enrolled for a qualification offered by an Approved Centre.
Where you are able to view and/or edit such personal information, you warrant and undertake that you will only view and/or edit such personal information as is strictly necessary to carry out authorised activities, and may not use or disclose such personal information for any other reason. In addition, you must only use such personal information strictly in accordance with the UK Data Protection Act.
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Suspension rights
City & Guilds may suspend or cancel a user account at anytime if it has reason to believe that the user account is being misused in anyway, the security of the account has been compromised, or the account is no longer in use.
SECTION B – Terms and Conditions of Supply
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Contract formation
After placing an order you will receive an e-mail acknowledging that your order has been received (Order Confirmation). We will then send you a second email confirming that your order has been accepted and dispatched (Dispatch Confirmation). The sale and purchase contract between you and City & Guilds for the purchase of an item (Contract) will be formed when the Dispatch Confirmation is sent to you. At which point, you confirm that performance of the Contract has begun with your consent.
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Delivery of items ordered via myMarkis
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of Dispatch Confirmation (Delivery Date) (unless there are exceptional circumstances).
In the event that an item has not been delivered within 5 days of the Delivery Date, please contact City & Guilds, by post or email, and let us know whether you would like a refund of the purchase price and postage costs paid or a replacement item (delivered to you free of charge).
Email: mycertis@cityandguilds.com
Post: myMarkis team, Operations, City & Guilds, Giltspur House, 5–6 Giltspur St, London EC1A 9DE
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Damaged or incorrect items
If you have received a damaged or incorrect item, please contact City & Guilds by post or email and let us know whether you would like a full refund of the purchase price and postage costs paid or a replacement item (sent to you free of charge).
Email: mycertis@cityandguilds.com
Post: myMarkis team, Operations, City & Guilds, Giltspur House, 5–6 Giltspur St, London EC1A 9DE
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Refunds
Refunds will be processed as soon as reasonably possible and, in any case, within 30 days of your notification to us. We will usually refund payments using the same method originally used by you to pay for your purchase.
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Risk and title
Ownership of the item will pass to you when you have paid for the item. An item will be at your risk from the time of delivery to you.
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Price and payment
The price of each item is as advertised on myMarkis (expect in the case of obvious error). Prices may change from time to time, but changes will not affect orders which have been placed prior to any change. In the case of obvious pricing error, we will contact you to inform you of the correct price, and check whether you wish to proceed with the order.
The prices shown include VAT but exclude delivery costs, which will be added to the total amount during check out.
If you order is for delivery outside the UK, it may be subject to import duties which you would be responsible for.
SECTION C – General Terms and Conditions of Use
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Intellectual property rights
City & Guilds is the owner (or authorised licensee) of all content comprising myMarkis. You must not copy or use any content for commercial purposes without obtaining a written licence from us.
‘City & Guilds’ is a registered trade mark of City & Guilds Limited and may not be used without first obtaining a written licence from us to do so.
‘myMarkis’ is a trademark of City & Guilds Limited and may not be used without first obtaining a written licence from us to do so.
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Acceptable use
You must not misuse myMarkis by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to myMarkis, the server on which myMarkis is stored, or any computer or database connected to myMarkis.
City & Guilds 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 breach, your right to use myMarkis will cease immediately.
City & Guilds will not be liable for any loss or damage caused by any material which may infect your computer equipment, computer programs, data, or other proprietary material due to your use of myMarkis.
Links to any third party websites are provided for your information only. City & Guilds has no control over the contents or availability of such third party websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
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Service availability
City & Guilds reserves the right to suspend, amend, or withdraw the service we provide via myMarkis without notice. We will not be liable if, for any reason, myMarkis is unavailable at any time, for any period.
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Our liability
Nothing in these Terms is intended to limit or exclude City & Guilds liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any matter for which may not be limited or excluded in law.
City & Guilds shall not be responsible for (1) any indirect, incidental, consequential, or special loss suffered by you in connection with any use of myMarkis, or for any order placed via myMarkis or (2) any loss of goodwill, revenue, opportunity, profit, data, anticipated savings, business, reputation, contracts, or management time.
City & Guilds total liability to you in connection with any use of myMarkis, or in connection with any item purchased via myMarkis, howsoever arising in whether in contract, tort (including negligence), statute or otherwise), shall be limited to the fee paid for such item or service.
Commentary and other materials posted on myMarkis are not intended to amount to advice on which reliance should be placed. City & Guilds therefore disclaims all liability and responsibility arising from any reliance placed on such commentary or other materials.
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Written communications
Communications made by City & Guilds in connection with myMarkis will be mainly electronic. For contractual purposes, you agree to such electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This term does not affect your statutory rights.
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Notices
All notices from you to City & Guilds must be sent to us by either email or post:
Email: mycertis@cityandguilds.com
Post: myMarkis team, Operations, City & Guilds, Giltspur House, 5–6 Giltspur St, London EC1A 9DE
We may give notice to you at either the e-mail or postal address you provide to us when placing an order (if the notice is personal to you) or by posting a notice on myMarkis (if the notice is generally applicable to all users).
Notices will be deemed received and properly served 24 hours after an e-mail is sent, three days after the date of posting of any letter, or immediately when posted on myMarkis.
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Our right to amend these Terms
City & Guilds may amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws or regulatory requirements, and changes in capability and/or functionality.
The Terms posted on myMarkis at the time of use, or the placement of an order, shall apply, unless any change is required by law or governmental authority to be made retrospectively (in which case it will apply to orders previously placed by you).
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Events outside our control
City & Guilds will not be liable for any delay or non-performance to the extent that performance is interrupted or prevented by anything beyond our reasonable control. Such delay or failure shall not constitute a breach of these Terms and the time for performance shall be extended by a period equivalent to that during which performance is so prevented.
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Entire agreement
These Terms constitute the whole agreement between us and supersede any previous arrangement, understanding, or agreement between us, relating to the subject matter covered by these Terms.
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Non waiver
If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
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Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, it shall apply with the minimum modification necessary to make it legal, valid, or enforceable and the remainder of these Terms shall not be affected.
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Governing law and jurisdiction
Any dispute or claim between you and City & Guilds arising in connection with myMarkis shall be governed by and construed in accordance with the law of England and Wales and you and City & Guilds hereby submit to the exclusive jurisdiction of the English courts.