Terms & Conditions
These terms and conditions govern the way in which I supply my online and distance learning products.
Please read these terms carefully before you enrol or pay for your product. These terms tell you who I am, how I will provide products to you, how you and I may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
INFORMATION ABOUT US AND HOW TO CONTACT US
I am Kate Cullen, sole trader, based in Gloucestershire in the UK.
You can contact me on +44 7771 743 879 or by emailing me at firstname.lastname@example.org
- GRANT OF LICENCE
In consideration of your payment, I hereby grant you a licence to use the purchased course (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This licence is personal to you and cannot be shared or exchanged with others.
I develop, distribute and maintain the Products and will also provide you with log in details. I will also manage your access to the Products and provide support to you, where necessary.
You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.
I provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. I also do not warrant that the materials will be error free, including technical inaccuracies.
- ACCESS TO MATERIALS
The starting date of your access to the Products is deemed to be the date that you first have access. I will attempt to contact you when your access period is due to end. Where this is the case, I cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
I will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond my control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, I will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
My aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Where your access to the Products is restricted for any of the above reasons, I may provide you with a free extension of time at our sole discretion.
- PRICING AND PAYMENT
I use Stripe for all my online learning Products – a third party payment provider. Payment for the Products must be made at the point of purchase.
You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that I must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for a limited period of time that is appropriate for the course content. I am unable to provide a refund if you fail to complete the content within the allocated time, except at my absolute and sole discretion.
I reserve my right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
- CANCELLATION AND RESTRICTION POLICY
Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact me via email.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. I am unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
I may restrict your access to the Products if you breach these terms, including without limitation:
- a) A failure to make any payment due to me; or
- b) Failure to provide accurate information that is necessary for me to provide the Products to you.
In these circumstances, I will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.
- YOUR RIGHTS & DATA
This is a summary of your key legal rights. For more detailed information, you can visit www.adviceguide.org.uk or call 03454 04 05 06, or if based outside the United Kingdom, I recommend you review your local statutory rights.
Under the laws of the United Kingdom, the Products must be as described, fit for purpose and of a satisfactory quality. If the Products are faulty, then you are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then you can get some or all of your money refunded.
- INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Kate Cullen. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
I am responsible to you for foreseeable loss and damage caused by myself. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or my failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with me during the sales process.
I am not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.
I do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of my employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (summarised above at 6).
If the Products damage your device or digital content belonging to you, I will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us.
My liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall I be liable for damages in excess of this sum.
- OTHER IMPORTANT TERMS
You need my consent to transfer your rights under these terms to someone else. I may not agree to this as these terms grant a licence for your benefit only.
Nobody else has any rights under these terms – they are between you and me. No other person shall have any rights to enforce any of its terms.
If a court finds part of these terms illegal, then rest will continue in force.
Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date.
- GOVERNING LAW
These terms are governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.