YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 18 (LIMITATION OF LIABILITY AND INDEMNITY).
THEN WE SPECIFICALLY DRAW YOUR ATTENTION TO CLAUSE 18.6 AND THE FACT THAT YOU CONTRACT DIRECTLY WITH THE THIRD PARTY PROVIDER FOR THOSE COURSES UNDER THEIR TERMS AND CONDITIONS (AS SUPPLIED TO YOU). WE ONLY ACT AS A BOOKING AND PAYMENT AGENT FOR THOSE COURSES. THIS MEANS THAT THESE TERMS ONLY APPLY TO THE PURCHASE OF THIRD PARTY COURSES TO THE EXTENT THAT THEY RELATE TO ACCOUNTS AND ORDER PROCESS (CLAUSE 3), PRICE AND PAYMENT (CLAUSE 14), LIMITATION OF LIABILITY AND INDEMNITY (CLAUSE 18) and HOW WE USE YOUR PERSONAL INFORMATION (CLAUSE 19).
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products and/or services to you, whether these are goods, services or digital content, and whether they are provided via our website at www.art-providers.com or otherwise. In the event that any additional terms apply to the purchase or provision of any particular product or service, we shall make you aware of such additional terms before you place your order. For example, if you place an order through an online registration page or an order form, that page or form may contain additional terms and conditions and information regarding the products or services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions, those additional terms are hereby incorporated into this agreement.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) You are an individual.
(b) You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
PROVISIONS SPECIFIC TO CONSUMERS ONLY ARE IN BLUE AND THOSE SPECIFIC TO BUSINESSES ONLY ARE IN GREEN.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer and unless we expressly incorporate any additional terms pre-purchase, these terms constitute the entire agreement between us in relation to your purchase and prevail over any other terms of business or purchase conditions put forward by you. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.5 If you are purchasing as an agent on behalf of other users. You (as the purchaser) shall be liable for the acts and omissions of any third party on whose behalf you purchase a product or service and shall procure that they are aware of, and comply with, the terms and restrictions imposed under this agreement. You agree to provide us with all of the relevant information about any delegates on whose behalf you purchase.
1.6 You warrant that you have full capacity and authority and all necessary consent to enter into and perform this agreement and that this agreement represents a legally binding commitment.
2. Information about us and how to contact us
2.1 Who we are. We are Art Providers Ltd (trading as ART) a company registered in England and Wales. Our company registration number is 11321679 and our registered office is at 23 Minster Road, Moston, Manchester, England, M9 4QE.
2.2 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 You may need an account. Certain parts of our site (including the ability to purchase digital content and subscriptions) may require an account. When creating an account, the information you provide must be accurate and complete and must be kept up-to-date. We recommend that you choose a strong password for your account and it is your responsibility to keep your password safe. You must not share your account with anyone else and you must not use anyone else’s account without the express permission of the user to whom the account belongs. If you believe your account is being used without your permission, please contact us immediately at email: [email protected] We will not be liable for any unauthorised use of your account.
3.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it or (if sooner) when we receive your payment for the order, at which point a contract will come into existence between you and us. Our email confirmation will include confirmation of the products and/or services ordered (including full details of the main characteristics of any subscription and content available as part of it), the duration of any subscription purchased, fully itemised pricing (including, where appropriate, taxes, and other additional charges and the due date for any deposit), and where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and we will not charge you. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description, or because we are unable to meet a delivery deadline you have specified.
3.4 Your obligations during the contract. You agree to co-operate with us as reasonably necessary in all matters relating to the delivery of our products and services, including:
(a) providing us, our agents, subcontractors, consultants and employees, in a timely manner and at no charge, all documents, information and materials we may require, and access to your premises, data and other facilities where reasonably required by us (for example if we are delivering training at your premises);
(b) informing us of all health and safety and security requirements (and any other policies) that apply at your premises (where applicable for the delivery of any services);
(c) ensuring that any equipment you enable or require us to use directly or indirectly in the supply of any services is in good working order and suitable for the purposes for which it is used and conforms to all relevant legal standards or requirements; and
(d) obtaining and maintaining all necessary licences and consents and complying with all relevant legislation as required to enable us to provide our services (where applicable), in all cases before the date on which any services are to start.
3.5 If we need information from you. If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we may cancel your order and treat the agreement as being at an end. We will not be responsible for any delay in the availability of purchased materials that results from you providing incorrect or incomplete information.
3.6 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products and services
4.1 Products may vary slightly from their pictures The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
4.2 Product and service descriptions. Where certification or course modules/credits are associated with any products or services (or any deadlines within which a course must be completed), this will be made clear in the description before you purchase it. Any training courses we offer may comprise of a combination of pre-recorded and live training, as deemed appropriate by us or the relevant training provider from time to time.
4.3 System requirements. Where the use of our products or services requires hardware, software, and/or Internet access, your ability to access and use the products or services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and we shall not be responsible if your network and systems are not in good working order and suitable to receive and view our content.
4.4 Service delivery. Where your purchase involves the delivery of services, we will make every reasonable effort to complete the services on time (and in accordance with your order) but we cannot be held responsible for any delays if an event outside of our reasonable control occurs. We shall use reasonable endeavours to meet any specified training dates, but any such dates will not necessarily be guaranteed and may be subject to alteration on notice. We will use reasonable endeavours to observe all health and safety and security requirements that apply at any of your premises we attend (if applicable) and that have been communicated to us, provided that we hall not be liable under this agreement if, as a result of such observation, we are in breach of any of our obligations under this agreement.
5. Your rights to make changes
If you wish to make a change to the product you have ordered 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 product, 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.
6. Our rights to make changes
6.1 Minor changes to the products. We may change our products and services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of them.
6.2 More significant changes. In addition, we may make changes to these terms or a product or service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products or services paid for but not received.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the products and services
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products/services.
(a) If the products are goods. If the products are goods [we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order and payment, if payment is required in advance OR we will contact you, which will be within 30 days after the day on which we accept your order and receive your payment, if payment is required in advance.
(b) If the products are one-off services. We will begin the services on the date set out in the order OR on the date we accept your order and payment, if payment is required in advance OR on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(c) If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order and have received payment if payment is required in advance.
(d) If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you once we have received you payment or first payment installment, as applicable until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 Content time limits/expiration. In the event that any digital content or course you purchase has a time limit, the deadline will be made clear to you and it is your responsibility to ensure you make use of the content and complete the course within the set time period and before the expiration date. If you fail to do this, you may be required to repurchase the course or content if you wish to access the relevant material.
7.4 We are not responsible for delays outside our control. If our supply of the products or services 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or services you have paid for but not received. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence or other natural disaster, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic, failures of suppliers or sub-contractors to do what they are supposed to, or any other event that is beyond our reasonable control.
7.5 Making online content and courses available. Any products you purchase which are delivered electronically will be made available to you via your ART Provider online user account.
7.6 Collection by you (if collection applies). If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of hours of 9.00am till 5.00pm on weekdays (excluding public holidays).
7.7 If you are not at home when the product is delivered (if physical delivery applies). If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.8 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.4 will apply.
7.9 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
7.10 When you own goods. You own a product which is goods once we have received payment in full.
7.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products or services to you, for example, we will need your up to date phone number, email and delivery address. If so, this will have been stated in the description of the product or service on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.4 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update a product or service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to products or services as requested by you or notified by us to you (see clause 6).
7.13 Your rights if we suspend the supply. We will contact you in advance to tell you we will be suspending supply, unless the problem is urgent or an emergency. If we have to suspend the supply of a product or service for longer than 14 days in any year we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.14 We may also suspend supply of the products and services if you do not pay. If you do not pay us for the products and services when you are supposed to (see clause 14.7) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply. We will not suspend the products or services where you dispute the unpaid invoice (see clause 14.11). We will not charge you for the products or services during the period for which they are suspended. As well as suspending we can also charge you interest on your overdue payments (see clause 14.1010).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer in the EU and have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause Error: Reference source not found6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products or services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or service or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of a product or service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products or services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013) in the EU. If you are a consumer in the European Union then for most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these – by downloading or streaming the product, you hereby acknowledge that you lose the right to change your mind;
(b) services, once these have been completed, even if the cancellation period is still running;
(c) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
(d) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; or
(e) any products which become mixed inseparably with other items after their delivery.
8.5 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
(c) Have you bought goods? if so, you have 14 days after the day you (or someone you nominate) receives the goods, unless:
(i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.
(ii) Your goods are for regular delivery over a set period. In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. Subject to clause 8.7, and unless your order relates to a subscription, in which case the contract will not end until 1 calendar month after the day on which you contact us (subject to clause 8.8), the contract will end immediately and we will refund any sums paid by you for products or services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract).
8.7 Last-minute cancellation of training. If you notify us that you would like to cancel a booked event/training date 7 days or less before the date booked, the full fee will be due from you and no refund will be granted (unless you are a consumer and you booked the event/training 14 days or less before the event date).
8.8 Ending the contract after the initial purchase. In addition to other termination rights set out in this agreement, you may also cancel any order for a subscription (and receive a full refund) if you cancel within: (a) 30 days in the case of an annual subscription; or (b) 5 days in the case of a monthly subscription. This early termination right does not apply to in-app purchases, contracts following any free trial periods, subscription renewals or migration to other plans, any purchases other than subscription plans, subscriptions purchased using any promotion that expressly disclaimed refunds, and it does not apply if you have issued any chargeback dispute or if you have breached this contract or had your account suspended or terminated in accordance with our COPYRIGHT TAKE-DOWN POLICY.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on +44(0)20 3884 0011 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and the email address you used to register your account with us.
(b) Online. Complete our online cancellation form via our website.
(c) By post. Print off the online cancellation form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at ART Providers Ltd, 23 Minster Road, Moston, Manchester, England, M9 4QE or (if they are not suitable for posting) allow us to collect them from you. Please call customer services +44(0)20 3884 0011 or email us at [email protected] for a return label or to arrange collection. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract before it begins. We may cancel your order at any time before we begin providing the product or service due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to us they will be refunded as soon as is reasonably possible, and in any event within 14 calendar days of us informing you of the cancellation.
10.2 We may end the contract after it has started. Once we have begun providing any services, we may cancel those services and the contract at any time by giving you 14 days written notice. If you have made any payment to us for any services we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of our cancellation notice. If we have provided services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment. In the event that we have to cancel any training, we shall notify you as soon as possible in writing and shall, if possible, rearrange a suitable date which is agreeable to the you. If we are unable to rearrange the booking for another suitable date, then our liability will be limited to refunding you any fees paid by you to us up to the point of cancellation.
10.3 We may end the contract if you break it. We may end the contract (and/or suspend access to your account) at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services; or
(e) you do anything unlawful or fraudulent on our website, or communicate in an inappropriate, offensive or threatening manner to any other user or visitor of our website; or
(f) you do anything else which breaches the terms of this agreement and we hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of this contract.
10.4 We may end the contract for insolvency. We may also end the contract if you take any step or action in connection with its entering administration, provisional liquidation, bankruptcy or any composition or arrangement with creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), have a receiver appointed to any of your assets or cease to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
10.5 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 above we will refund any money you have paid in advance for products or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (including the costs of any debt collection enforcement methods).
10.6 We may withdraw the product or service. We may write to you to let you know that we are going to stop providing the product or service. We will let you know with reasonable notice in advance of our stopping the supply and will refund any sums you have paid in advance for products or services which will not be provided.
11. If there is a problem
1. How to tell us about problems. If you have any questions or complaints about a product or service, please contact us at PHONE: +44 (0)20 3884 0011; EMAIL ADDRESS: [email protected] and POSTAL ADDRESS: ART Providers Ltd, 23 Minster Road, Moston, Manchester, England, M9 4QE.
12. Your rights in respect of defective products if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a training manual, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a subscription to a training course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 8.2.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44(0)20 3884 0011 or [email protected] us at 23 Minster Road, Moston, Manchester, England, M9 4QE for a return label or to arrange collection.
13. Your rights in respect of defective products if you are a business
13.1 If you are a business customer we warrant that on delivery, any products which are goods shall:
(a) conform in all material respects with their description and any relevant specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
13.2 Subject to clause 13.3, if:
(a) you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in clause 13.1;
(b) we are given a reasonable opportunity of examining such product; and
(c) you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product’s failure to comply with the warranty in clause 13.1 if:
(a) you make any further use of such product after giving a notice in accordance with clause 13.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under clause 13.2.
14. Price and payment
14.1 Where to find the price. The price of the product or service (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price advised to you is correct. However please see clause 14.46 for what happens if we discover an error in the price of the product or service you order.
14.2 When do quotations and subscriptions expire. Any quotation we give you is only valid for 30 days from its issue date (except that quotes for third party provider courses may have a different validity period). It is not an offer to supply any products or services to you. Monthly and annual subscriptions for our course content (excluding third party provider courses) automatically renew at the end of each subscription period unless you notify us that you wish to cancel in accordance with this agreement.
14.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the order, we will adjust the rate of VAT that you pay, unless you have already paid for the product or service in full before the change in the rate of VAT takes effect.
14.4 We may charge for expenses. Where notified to you, we may also charge you for any reasonable expenses that we incur in supplying any services, such as the delivery of training courses (for example, travel, subsistence, accommodation, materials, and the cost of services supplied by others). When we incur any expenses, unless we notify you that we will charge such expenses (or a part of them) upfront (in which case you must pay the expenses before delivery of the service), we may invoice you as soon as the expense is made and you must pay us in full within 30 days of the invoice date.
14.5 We may change our prices. We may from time to time change our fees, discounts and pricing but changes in price will not affect any order that you have already placed, save that we shall be entitled to increase the prices for any third party provided products or services upon notice from that third party provide, and we shall be entitled to increase our own subscription fees from time to time on 3 months prior notice and your order shall be deemed to have been amended accordingly. If we subsequently lower our prices after you have made a purchase (for example as a result of a bundled discount), you will not be entitled to a refund for any past purchases. The applicable price will be the price at the time of purchase.
14.6 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.7 When you must pay and how you must pay. We accept payment with via PayPal. We also accept payment via major credit and debit Cards. Consumers who do not have access to a credit or debit card may also have the option to make a purchase via our Alternative Payment Method option where we provide you with a unique order reference number enabling you to make payment directly to our nominated bank account and we will release the product once we receive the cleared funds against your unique reference code. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you download them. Any subscriptions are payable in advance unless otherwise agreed.
(c) For services, [unless otherwise agreed, you will be required to make an advance payment of all or a proportion of the price of the services, before we start providing them (as notified to you at the time of purchase). We will invoice you for the balance of the price of the services in accordance with the payment terms notified to you at the time of purchase. You must pay each invoice within 30 calendar days after the date of the invoice.
14.8 Authorisation to charge cards. If you provide your credit card details, you hereby authorise us to bill such credit card at the start of your subscription (for the initial subscription term) and on each monthly or annual anniversary thereafter (depending on whether you signed up for a monthly or annual subscription) for the subscription fees payable in respect of the next renewal period.
14.9 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.10 We can charge interest if you pay late. If you do not make any payment to us by the due date we may suspend your access to digital content and charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. 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.
14.11 What to do if you think an invoice is wrong. 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.
15. Proprietary rights and user content
15.1 Our rights in our materials and our licence to you. When you purchase digital content from us, we will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access, view and use the relevant content for personal, non-commercial purposes. The licence granted to you does not give you any rights in content (including any material that we may licence from third parties). You may not copy, reproduce, rent, sell, publish, republish, share, distribute, sub-licence, broadcast or otherwise transmit the content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’) covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material. Further, where a product incorporates software, you shall not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of any software.
15.2 Your use of our training materials. If we deliver onsite training, you agree to use our materials, deliverables and output in accordance with any instructions and/or guidelines notified to you by us from time to time. Course materials distributed by or on our behalf are our proprietary items and may not be reproduced without our permission for any purpose (except in accordance with the limited exceptions in Chapter 3 noted in clause 15.2). We are not responsible for your use of any intellectual property rights owned by someone else, which depends upon you or us getting a licence from the owner for you to use those rights.
15.3 Responsibility for your User Content. You agree that you will be solely responsible for any content submitted via our website or learning portals or media by you including, but not limited to comments, questions, feedback and reviews in discussion forums and otherwise (“User Content”). Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with this clause 15. We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way.
15.4 Your licence to us to use your User Content. You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting our site, products and services.
15.5 Acceptable use. You may only use our website and learning portals and communicate with our trainers, staff and other students (including on webinars) in a manner that is lawful and respectful. In doing so, you must ensure that you comply fully with any and all local, national or international laws and/or regulations and you must not knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind. When submitting User Content (or communicating in any other way in connection with our products or services), you must not submit, communicate or otherwise do anything that:
(a) is sexually explicit;
(b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
(c) promotes violence;
(d) promotes or assists in any form of unlawful activity;
(e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
(f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
(g) is calculated or is otherwise likely to deceive;
(h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
(i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
(j) implies any form of affiliation with us where none exists;
(k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party;
(l) involves building or benchmarking a competitive product or service, or copying any features, functions or graphics of our products or services;
(m) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
15.6 Behavioural standards. We expect all delegates at our training events to act responsibly and respectfully to our staff and we will not tolerate profanity, obscenities or inappropriate, discriminatory, threatening, abusive or otherwise inappropriate conduct, language or behaviour. We reserve the right to remove any delegate from our training courses should their behaviour be deemed to be inappropriate by us.
16. Our responsibility for loss or damage suffered by you if you are a consumer
16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
16.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
16.4 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.5 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 17.
17. Our responsibility for loss or damage suffered by you if you are a business
17.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
17.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
18. Limitation of liability and indemnity
18.1 Website disruption. To the fullest extent permissible by law, we will not be liable to you in any way if our website (or any part of it) is unavailable at any time and for any period. We exercise all reasonable skill and care to ensure that our site is free from viruses and other malware. However, to the fullest extent permissible by law, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our website (including the downloading of any content from it) or any other site referred to on our site or owned or controlled by us. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
18.2 Disclaimer. Our content and courses are provided ‘as is’ and on an as available basis. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our products, services or information provided to you will meet your requirements or expectations, that they will be fit for a particular purpose, that any specific results may be obtained from subscribing, that any digital content provided will be compatible with all software and hardware, or that it will be secure.
18.3 Exclusions for liability and our total liability to you. Subject to clauses 16.2 and 17.1 and to the fullest extent permitted by law:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £100 (one hundred pounds) or, if greater, twenty per cent (15%) of the total sums paid by you to us for products and services over the past 12 months.
18.4 Your will indemnify us. You agree that you will be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of these terms and you will be responsible for any loss or damage suffered by us as a result of such breach.
18.6 We are not responsible for third party training materials/courses. In the event that we market the training courses or learning materials of third parties, the terms and conditions of those third parties shall apply and your rights in relation to the provision of those courses/materials. Those terms are between you and that third party training provider and not with us. We do not check or vet such third party training providers or the claims they make about their courses, and you should satisfy yourself that you are comfortable purchasing their content or services on the terms they make available. Where stated, we only act as a booking and payment agent and the contractual arrangement for provision of the course is not our responsibility. We disclaim any and all liability in relation to those third party courses and materials and any claims you may have in relation to those courses or materials must be brought against the training provider directly. You agree that you will not have any recourse against us in respect of third party courses and content.
18.7 Consumer rights are unaffected. Nothing in these terms seeks to exclude or limit your legal rights if you are a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
19. How we may use your personal information
20.1 Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, or to its employees, officers, representatives or advisers who need to know such information for the purposes of exercising the party’s rights or carrying out its obligations under or in connection with this agreement (provided those parties agree to comply with this clause 20).
20.2 No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement. These confidentiality obligations survive the termination of this agreement.
21. Other important terms
21.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.
21.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
21.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
21.4 If a court finds part of this contract 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.
21.5 Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
21.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the 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.
21.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.