Terms and Conditions

About our services

1. Buying online:

When buying one of our training programmes online, you are agreeing for us to store the necessary information and contact you to arrange your training programme. There’s more on this below.

2. Your information:

We store only necessary information, as provided by you to complete your training and register you for any funding or qualifications with the appropriate regulatory authorities. Full details on how we store and process information can be found here: sixthsense.scot/gdpr

3. Getting Started

Some of our programmes are online, self-study, in which case you will be sent access information along with instructions on how to begin your course. Other programmes are tutor lead in a virtual classroom or they involve regular visits from a qualified trainer in person. In these instances, our admin team will contact you soon after you buy your course to organise your first appointment and provide you with access to your virtual learning environment and course materials.

Now for the boring stuff

Terms of Use These Terms of Use (“Terms”) were last updated on April 15, 2020.

Sixth Sense’s mission is to improve lives through learning. These Terms apply to all your activities on the Sixth Sense website, the Sixth Sense platforms and other related services (“Services”).

Accounts
Payments, Credits, and Refunds
Content and Behavior Rules
Sixth Sense’s Rights
Miscellaneous Legal Terms
Dispute Resolution
Updating These Terms
How to Contact Us

1. Accounts

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use Sixth Sense.

You need an account for most activities on our platform, including to enrol in a course. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you feel that someone may have unlawfully gained access to your account, you should notify us immediately.

2. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, Sixth Sense offers a 30-day refund or credit for eLearning courses, however, qualifications are non-refundable once you have been registered with the awarding body.

3.1 Pricing

The prices of courses on Sixth Sense are determined based on the terms of the Instructor Agreement and our Pricing and Promotions Policy.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout).

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. Sixth Sense works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our GDPR policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

3. Content and Behavior Rules

You can only use Sixth Sense for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offences. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

Sixth Sense has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

4. Sixth Sense’s Rights

We own the Sixth Sense learn.sixthsense.scot platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the Sixth Sense platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Sixth Sense and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the UK and EU. Nothing gives you a right to use the Sixth Sense name or any of the Sixth Sense trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sixth Sense or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Sixth Sense platform and Services:

access, tamper with or use non-public areas of the platform, Sixth Sense’s computer systems, or the technical delivery systems of Sixth Sense’s service providers.
disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Sixth Sense platform or Services.
access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Sixth Sense); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

5. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Sixth Sense. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (Sixth Sense’s Rights to Content You Post), 6 (Using Sixth Sense at Your Own Risk), 7 (Sixth Sense’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Sixth Sense or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are no inherent guarantees in using our Services, for example, if you enroll in a business management course like team leadership, you may or may not not successfully lead your team thereafter. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred pounds (£100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Sixth Sense, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of Scotland and the United Kingdom, without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts of Scotland.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to info@sixthsense-training.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

6. Dispute Resolution

If there’s a dispute, our admin is happy to help resolve the issue. If that doesn’t work and you live in the United Kingdom, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in the United Kingdom. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our admin team.

9.1 Small Claims

Either of us can bring a claim in small claims court in (a) Scotland,, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and Sixth Sense agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

Any disputes that involve a claim of less than £10,000 GDP must be resolved exclusively through binding non-appearance-based arbitration.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if Sixth Sense changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Sixth Sense written notice of such rejection by mail or hand delivery to: Sixth Sense, 25 St Bryde Street, East Kilbride, Glasgow G74 4HQ, or by email from the email address associated with your Account to: info@sixthsense-training.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Sixth Sense in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

7. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Sixth Sense reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

8. How to Contact Us

The best way to get in touch with us is to contact our admin team. We’d love to hear your questions, concerns, and feedback about our Services.