We give You some of that information before You order a Course and some it is set out in these Terms of Sale and the attachment.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
|“Account”||means the account, referred to in Sub-Clause 7.1, that You must set up with Us in order to purchase any Course;|
|“Background Items”||means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided, all of which information or materials is downloadable or viewable as text/graphics;|
|“Confidential Information”||means information provided by You to Us in written, graphic, recorded, machine readable or other form which ought to be considered of a confidential nature concerning the Our business, clients, suppliers, finances and other areas of Our business or products, including, without limitation, the Paid Content, but does not include information in the public domain other than through the default of Our disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in Your possession or control;|
|“Consumer”||means an individual customer who purchases any Course to Our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;|
|“Contract”||means a contract between Us and You for the purchase of a Course for You and to access any Paid Content, as explained in Clause 7;|
|“Course”||means a course purchased by You which provides You with access to Paid Content which comprises either:
We will give You information about the period of access to (a), (b) and (c) before You purchase the Course which will include the information described in Sub-Clause 7.4.6.
Every Course will include access to the Background Items for the whole period until the completion of the Course, and they will all be accessible as soon as We have sent You a Course Confirmation;
|“Course Confirmation”||means Our acceptance and confirmation of Your purchase of a Course;|
|“Course ID”||means the reference number for Your Course;|
|“IP Rights”||means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.|
|“Paid Content”||means any digital content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any materials or other information related thereto, which We offer, where those sessions or materials are sold by Us through Our Site and made available by Us [[on] [or] [via] Our Site] by means of
[(a)] [two-way synchronous live stream audio and/or video technology, e.g. Zoom, GoToMeeting, Skype for Business (part of Teams), WebEx];
[(b)] [asynchronous live stream video and/or audio] [or] [recorded [non][downloadable] video and/or audio] of one or more items
[provided on Our video/audio streaming platform accessed [from][on][Our Site]
[hosted on another’s website, e.g. Youtube] via a link that We provide to You];
[[c][[downloadable] or other viewable text, graphics or other non-video, non-audio items or information, including Background Items]].
Paid Content will be more fully described in other information that We give or make available to You before You order a Course. That information may include the name of any Tutor presenting any digital content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Tutor(s) who [to the best of our knowledge and belief is suitably qualified and experienced];
|“Tutor”||means the instructor, teacher, mentor, or other individual who is engaged by Us as an independent contractor who presents the Paid Content and/or who interacts with You online during any session of Paid Content;|
|“We/Us/Our”||means Perfect Daily Grind Limited, a company registered in England under company number 03928976 of Brooklands Park, Farningham Road, Crowborough, East Sussex TN6 2JD UK; and|
|“You”||means the Consumer who sets up an Account and purchases a Course and accesses and uses any Paid Content.|
2. Information About Us
2.1 Our Site, www.education.perfectdailygrind.com is [owned and] operated by Perfect Daily Grind Limited, a company registered in England under company number 03928976 of Brooklands Park, Farningham Road, Crowborough, East Sussex TN6 2JD UK with VAT number 918160136.
3. Contacting Us
3.1 If You wish to contact Us with general questions, You may contact Us by email at firstname.lastname@example.org, or by post at Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK.
3.2 For matters relating to Paid Content or Your Course or Account, please contact Us by email at email@example.com, or by post at Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK.
3.3 For matters relating to cancellations, please contact Us by email at firstname.lastname@example.org, by post at Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK, or refer to the relevant Clauses above.
3.4 To make a complaint, see Clause 15.
4. Age Restriction and Consumers only
Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Course through Our Site and access Paid Content.
5. Business Customers
These Terms of Sale and the attachment below do not apply to customers purchasing a Course and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6. Courses, Paid Content, Pricing and Availability
6.1 We make all reasonable efforts to ensure that all descriptions of a Course and Paid Content available from Us correspond to the actual Course and Paid Content that You will receive. Please note, however, that minor differences or discrepancies may occur.
6.2 We may from time to time change Our prices. Changes in price will not affect any Course that You have already purchased but will apply to any subsequent or new Course. We will inform You of any change in price at least 30 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract as described in sub-Clause 13.1.
6.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
6.4 In some cases, as described in the relevant digital content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 30 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract as described in sub-Clause 13.1.
6.5 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Course for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
6.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. [All pricing information is reviewed and updated every 30 days.] Changes in price will not affect any order for a Course that You have already placed (please note sub-Clause 6.10 regarding VAT, however).
6.7 All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Course at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 30 days, We will treat Your order as cancelled and notify You of this in writing.
6.8 If We discover an error in the price or description of Your Course after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform You of such an error and You do wish to cancel the Contract, please refer to sub-Clause 13.4.
6.9 If the price of a Course that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
6.10 All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7. Orders – How Contracts Are Formed
7.1 Our Site will guide You through the process of setting up an Account and purchasing a Course. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Course, You will be given the opportunity to review Your order for the Course and amend it. Please ensure that You have checked Your order carefully before submitting it.
7.2 If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) 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 will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
7.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Course constitutes a contractual offer that We may, at Our sole discretion, accept. [Our acknowledgement of receipt of Your order does not mean that We have accepted it.] Our acceptance is indicated by Us sending You a Course Confirmation by email. Only once We have sent You a Course Confirmation will there be a legally binding Contract between Us and You.
7.4 Course Confirmations shall contain the following information:
7.4.1 Your Course ID;
7.4.2 Confirmation of the Course ordered including full details of the main characteristics of the Course and Paid Content available as part of it;
7.4.3 Fully itemised pricing for Your Course including, where appropriate, taxes, and other additional charges;
7.4.4 The duration of Your Course (including the start date, and the [expiry] [and][or] [renewal date]);
7.4.5 Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 12.1;
7.4.6 In relation to any video (live or recorded) event, item, series, collection or type/s of events or items constituting the Paid Content, the period during which it can be accessed which will be either (a) the whole period of the Course; (b) or a specific period commencing on a stated date that is shorter than that whole period; and
7.4.7 In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 30 days.
7.5 Any refunds under this Clause 7 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7.6 Refunds under this Clause 7 will be made using the same payment method that You used when purchasing Your Course [unless You specifically request that We make a refund using a different method].
8. Payment for Courses
8.1 Payment for Courses must always be made in advance. Your chosen payment method will be charged when We process Your order and send You a Course Confirmation [(this usually occurs immediately and You will be shown a message confirming Your payment)].
8.2 We accept the following methods of payment on Our Site:
8.2.1 Credit card;
8.2.2 Bank transfer;
8.3 If You do not make any payment due to Us on time, We will not provide or to the extent already provided, suspend Your access to the Paid Content. For more information, please refer to sub-Clause 9.6. If You do not make payment within 30 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
8.4 If You believe that We have charged You an incorrect amount, please contact Us at email@example.com as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
9. Provision of Paid Content
9.1 We undertake to make available to You on these Terms of Sale the Paid Content for which You purchase but You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
9.2 Paid Content appropriate to Your Course will be available to You from when We send You a Course Confirmation for the duration of Your Course [and for a period of 365 days thereafter], or until You end the Contract, on and subject to the following:
9.2.1 An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non-streamed item, the period within which it is or will be available for access.
9.2.2 If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 60 minutes but if the start is delayed by more than that period then We will refund to compensate for any inconvenience or loss suffered as a result.
9.3 When You place an order for a Course, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”). Please see sub-Clause 12.1 for more information.
9.4 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
9.4.1 To fix technical problems or to make necessary minor technical changes;
9.4.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
9.4.3 To make more significant changes to the Paid Content, as described above in sub-Clause 6.5.
9.5 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 9.4, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension. If the suspension lasts (or We tell You that it is going to last) for more than 30 days, You may end the Contract as described below in sub-Clause 13.2.
9.6 We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 48 hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
9.7 Any refunds under this Clause 9 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
9.8 Refunds under this Clause 9 will be made using the same payment method that You used when purchasing Your Course unless You specifically request that We make a refund using a different method.
10. Licence, Intellectual Property and Confidentiality
10.1 When You purchase a Course to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
10.2 The licence granted under sub-Clause 10.1 is subject to the following usage restrictions and/or permissions:
10.2.1 You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid 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’);
10.2.2 You may not use any two way livestream facility which is or is part of a Paid Content item or event to communicate or make accessible to any other person accessing or participating in that item or event anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of that item or event;
10.2.3 record on video or audio tape, relay by videophone or other means the Paid Content;
10.2.4 use the Background Items in the provision of any other course or training whether given by us or any third party instructor;
10.2.5 remove any copyright or any other of Our notices signifying Our ownership of the Intellectual Property Rights in the Paid Content;
10.2.6 modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Paid Content.
10.3 Any breach by You of this Clause 10 shall allow Us to immediately terminate the Contract and immediately cease to provide you with any Paid Content Services.
10.4 All Intellectual Property Rights in the Paid Content are owned by Us or Our licensors, whether adapted, written for or customised for You or not.
10.5 You shall keep Our Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
11. Problems with the Paid Content
11.1 By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
11.1.1 If the Paid Content has faults, You will be entitled to a repair or a replacement.
11.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
11.1.3 If You can demonstrate that the fault has damaged Your device or other digital content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation. Please refer to Clause 14 for more information.
11.2 Please note that We will not be liable under this Clause 11 if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other digital content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
11.3 If there is a problem with any Paid Content, please contact Us at firstname.lastname@example.org or visit the contact page on Our Site www.education.perfectdailygrind.com to inform of the problem.
11.4 Refunds (whether full or partial, including reductions in price) under this Clause 11 will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
11.5 Refunds under this Clause 11 will be made using the same payment method that You used when purchasing Your Course unless You specifically request that We make a refund using a different method.
11.6 For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling Your Contract
12.1 If You are a Consumer in the UK or European Union, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Course Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) Paid Content, or 14 calendar days after the date of Our Course Confirmation, whichever occurs first.
12.2 If You purchase a Course by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date of the Course We will be able to issue a full refund. If You have accessed any Paid ContentCourse , We will not be able to offer any refund and You will continue to have access to the Paid Content until the expiry date.
12.3 If You wish to exercise Your right to cancel under this Clause 12, You may inform Us of Your cancellation in any way You wish, however for Your convenience We offer a cancellation form on Our Site www.education.perfectdailygrind.com and will include a link to it with the Course Confirmation. Cancellation by email or by post is effective from the date on which You send Us Your message. If You would prefer to contact Us directly to cancel, please use the following details:
12.3.1 Email: <email@example.com>>;
12.3.2 Post: Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK; in each case, providing Us with Your name, address, email address, telephone number, and Course ID.
12.4 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
12.5 Refunds under this Clause 12 will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
12.6 Refunds under this Clause 12 will be made using the same payment method that You used when purchasing Your Course [unless You specifically request that We make a refund using a different method].
13. Your Other Rights to End the Contract
13.1 You may end the Contract at any time if We have informed You of a forthcoming change to Your Course or the Paid Content (as described in sub-Clauses 6.3 or 6.5), or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Course, We will issue You with a refund. If the change will not take effect or apply to You until the expiry of Your current Course, the Contract will end at the end of that Course and You will continue to have access to the Paid Content until that date.
13.2 If We have suspended availability of the Paid Content for more than 30 days, or We have informed You that We are going to suspend availability for more than 30 days, You may end the Contract immediately, as described in sub-Clause 9.5. If You end the Contract for this reason, We will issue You with a refund.
13.3 If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a refund.
13.4 If We inform You of an error in the price or description of Your Course or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
13.5 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
13.6 Refunds under this Clause 13 will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Course [unless You specifically request that We make a refund using a different method].
13.7 If You wish to exercise Your right to cancel under this Clause 13, You may contact Us directly to cancel, via the following details:
13.7.1 Email: firstname.lastname@example.org;
13.7.2 Post: Perfect Daily Grind, Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK in each case, providing Us with Your name, address, email address, telephone number, and Course ID.
13.8 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
14. Our Liability to Consumers
14.1 Subject to the limitation in Clause 14.2 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
14.2 Subject to Clause 14.6 below, Our total liability to You arising from any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence shall be limited to the equivalent total amount of payments received by Us from You in connection with the relevant Course in relation to which a dispute has arisen.
14.3 Although We aim to provide the Paid Content to the highest standards of the industry, neither We, nor our instructors accept any liability for (i) any inaccuracy or misleading information provided in the Paid Content and any reliance by You in respect of any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any direct, indirect, special or consequential loss arising from any breach of the terms of this Contract.
14.4 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
14.5 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages Your device or other digital content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
14.5.1 We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
14.5.2 The damage has been caused by Your own failure to follow Our instructions; or
14.5.3 Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Course.
14.6 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
14.7 Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
14.8 We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available upon request.
15.3 If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
15.3.1 [In writing, addressed to <<PDG Education Complaints>>, Perfect Daily Grind, Brooklands Park, Farningham Rd, Crowborough, TN6 2JD, UK;]
15.3.2 [By email, addressed to <<PDG Education Complaints>> at email@example.com;]
15.3.3 [Using Our complaints form, following the instructions included with the form;]
16. How We Use Your Personal Information (Data Protection)
17 Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
17.2 [You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
17.3 The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
17.4 If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
17.5 If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
17.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Course, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them (also see sub-Clause 13.1 above).
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
18.2 As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
18.3 As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
2. Use of PDG Education to access tuition, instruction, teaching, coaching, training, or mentoring (“the Services”) online
We use technology which allows Us to provide the Services provided that You have the appropriate technology (see below) to receive the Services. For this purpose, We use Tutor LMS.
Where We are to make any of the Services available for You by means of Tutor LMS rather than any other platform, it will be on the following basis.
3. The technology that We will be responsible for providing
We will subscribe to Tutor LMS and will pay any necessary fees to Tutor LMS to maintain that subscription. It will enable Us to act as “host” and to provide the Services to You over the internet via the Tutor LMS facility.
To receive or participate in any of the Services via Tutor LMS, You will need to join an online session which is applicable to Your Course. You will not need to pay any fee or charge to use the Tutor LMS facility or join that session: You will only need to pay for the Services in respect of Your Course.
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any PDG Education App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use PDG Education.
4. The technology and other items that You will be responsible for providing
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Services via PDG Education.
You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:
Paid Content consisting of Background Items is not provided via the PDG Education platform but is instead downloadable directly from Our Site.
5. Scope of what We make available to access
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Services. However, We may, if You request it, either before or during any session of the Services, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing except if Your Device or Your digital content is damaged in circumstances where We are liable in respect of that damage under Sub-Clause 14.3.
We will not be responsible or liable to You if You are unable to access any of the Services due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Services that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):
6. Account setup needed
In order to purchase any Course and enable You to receive any Services, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.
You may not create an Account if You are under 18 years of age.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
You may be asked for additional information regarding Your Account, such as Your e-mail address.
7. Your responsibility for Your Account and its security
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
Your Account will remain active for the duration of the period until the end of the latest access period granted in respect of the Course.
If You wish to close and delete Your Account, You may do so via the My Account section of Our Site.
8. Your privacy and security on each occasion when the Services are accessed
[Note that all sessions that You purchase will be accessible only to You as an individual private session.]
[Where any session that You access is two-way synchronous live stream audio and/or video technology (not a pre-recorded one way transmission), on the occasion You accessing it, it will also be made accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.
Therefore, unless We specify that a particular two way session is only accessible to You, the following will apply to such a session:
We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.]
9. Health and Safety
You acknowledge and agree that:
[We advise You to tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session.]
[You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. We will [discuss with You any such matter that You tell Us, and] inform You if We decide not to accept Your order for a Course because of the particular requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter]; and
(b) Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.
Please note that:
[may assign different Tutors to different sessions, but will endeavour to minimize the changes of Tutor from one session to the next in relation to each Course.]
[will ensure as far as we reasonably able to do so, that We assign the same Tutor to those sessions, and will in any event try to minimize changes of Tutor from one session to the next in relation to each Course.]
(d) If before You purchase any Course, You request Us to provide You with [a] reference[s] for the Tutors who We may or will assign to present the sessions comprised in that Course, We will provide You with [at least] one professional reference[s] as to their knowledge of, and ability and experience of the subject [and evidence of their qualifications.
11 Scope of Our Services
Services offered: We offer tuition in coffee related courses, such as.
Period of sessions: Where a session is a live two way interactive session, We will provide individual tuition for You for a period of 60 minutes (or any other period that We agree with You when You purchase a Course).
[Trial session: Where You have not previously received any live two way interactive tuition from Us for the relevant subject, We may agree to provide a single live two way interactive session as a trial for a period of up to 5 minutes so that You can decide whether to continue with further sessions with Us in that subject.]
Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Tutor, and Your aptitude.
Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).
Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.
Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.
Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.
Practise/Homework/Tasks/Assignments: We [may][will usually] give You at the end of a session a [practise][homework] assignment or tasks to carry out, and You should complete it/them prior to Your next session. [It is best if You have a quiet place to [practice][study][carry out tasks][work on any assignment] without interruption.]
Our commitment, amount of tuition needed: We agree to teach You at the agreed times and days. It is not possible to determine at the outset how much tuition You will require. [Where We decide that We are able to do so, We may recommend to You, as and when appropriate, when We consider that You are ready for any relevant examination.] [We may recommend additional opportunities to help with Your [study][training] such as relevant workshops run by third parties where We are aware of such opportunities.]
12. Your Commitment
Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. [If you require guidance with an assignment or tasks between sessions, We are [usually] contactable by email/phone and [may be] able to provide some help remotely.]
[Records: You should provide and maintain a tuition diary [and this [should] [can] be in the form of a notebook] in which You can make notes, setting out any information useful or necessary to You when studying, practising or carrying out any task or assignment or to prepare for an examination.]
We are not responsible for obtaining or providing any equipment, materials items for You but We [may][will] recommend to You equipment, materials or items that You will or might need, and You should adopt any recommendation that We [do choose to] make to You as to equipment, materials or items that You should obtain/use.
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