Who we are
English Right website and associated products and services are operated by Language Learning Solutions LTD (Company no. 14206760) of 34 Byron Road, CHELTENHAM, Gloucestershire, GL51 7HD, United Kingdom.
English Right (a trading name of Language Learning Solutions LTD) (us, we and our) provide website features and other products and services to you when you visit or shop at https://www.englishright.com (the Site or our Site). We provide our services and sell our products to you subject to the terms and conditions set out below. Please also see our Privacy Policy to understand how we collect and process your personal information.
If you do not agree to any of the terms and conditions below (including any amendments), you must not use our Site or purchase our products and services. We reserve the right to amend any of the terms and conditions at any time without notice.
How to contact us
You can contact us by sending us an email at: [email protected]
The following terms and conditions are provided to you in a layered format so
you can scroll down through to the specific areas:
(A) Website Terms of Use
(B) Terms and Conditions of Sale
(C) Event Terms and Conditions
(A) WEBSITE TERMS OF USE
1. Introduction
1.1 This site, https://englishright.com, is owned and operated by Language Learning Solutions LTD.
1.2 By visiting and using this Site, you confirm that you accept these terms of use (“Terms of Use”) and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Site.
1.3 If you purchase goods or services from our Site, please review our Terms and Conditions of Sale before placing any order.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 In these Terms of Use the following terms shall have the meanings assigned to them below:
- “Effective Date” means the date we issue you an email accepting your order and the Licensed Materials;
- “Information” means any and all confidential or proprietary documentation, materials, software, code and information of one Party and disclosed to or otherwise obtained by the other Party in connection with these Terms of Use;
- “Intellectual Property” means any and all intellectual property rights including patents, trademarks, design rights, copyright, rights in data and databases, domain names, and all similar rights (whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world) together with any and all goodwill relating or attached thereto, the right to apply for registration of and/or register such rights and all extensions and renewals thereof;
- “Licensed Materials” means the content available on the Site/Platform which you have purchased access to from us including, text, information, data, software, interactive features, images, audio or video materials in digital form as described in your online account;
- “Parties” means you and us and “Party” shall be construed accordingly;
- “Platform” means the online site provided by us to you when you receive access to the Licensed Materials;
- “Software” means our software provided as part of the Platform, including any updates and modifications made available from time to time by us. Software includes our smartphone applications and video game;
- “Users” means the users who are authorised by you to use the Platform and access and use the Licensed Materials;
- “Working Day” means any day falling on or between Monday to Friday, excluding all public and bank holidays in England and Wales;
- “you”, “your” represents any individual who accesses our website.
1.6 These terms and conditions of sale (“Sale Terms”) govern the sale of goods (“Goods”) and digital content (“Digital Content”) (together referred to as “Products”) to you (the customer purchasing the Products).
2. Our Site
2.1 We may amend our Terms of Use from time to time. Every time you wish to use our Site, please check the Terms of Use to ensure you understand the terms that apply at that time. We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities. We shall not be liable to you or any third party for any modification or withdrawal of our Site. If any change to these policies or conditions is required by law, such changes will also apply to any orders you have previously placed. If any condition is deemed invalid or unenforceable, it will no longer apply. This will not affect the validity and enforceability of all other conditions.
2.2 Our Site is made available free of charge. Whilst we use reasonable endeavours to ensure that our Site is generally available, we do not guarantee that our Site, or any content on it, will always be available or uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will limit the frequency and duration of any suspensions or restrictions as far as we can and apologise for any inconvenience this may cause.
2.3 You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2.4 We may transfer our rights and obligation under these Terms of Use to another organisation.
2.5 We are the owner (or the licensee) of all intellectual property rights in our Site, and in the material published (including but not limited to text, photographs, graphics, logos, icons, images, audio clips, video, digital downloads, data compilations and software etc.). The material is protected by UK and international copyright and database rights laws and treaties around the world. All such rights are reserved. It may not be reproduced, duplicated, copied, sold, resold, or otherwise used for any commercial purpose without the written consent of Language Learning Solutions LTD.
2.6 No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights. You may not use or apply in any way any of the trademarks, logos, or any other identifying marks appearing on the Site without obtaining permission to do so from us.
2.7 You must not use any part of the content on our Site for public or commercial purposes without obtaining a licence to do so from us or our licensors.
2.8 If you print off, copy, download, share or repost any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3. No text or data mining, or web scraping
3.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site. This includes using (or permitting, authorising or attempting the use of): any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same; and any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
3.2 The provisions of this condition 3 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
3.3 This condition 3 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
4. Disclaimer
4.1 The content on our Site is provided for educational and informational purposes only. We do not offer any medical, religious, financial, legal, or mental health advice.
4.2 You acknowledge that you are participating voluntarily in using this Site and that you are solely and personally responsible for your choices, actions and results.
4.3 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
5. Third Party Links
5.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
5.2 We do not assume any responsibility or liability for the actions, content, goods, suitability or otherwise of all or any part of the third party sites. Please read the terms and conditions of use and privacy policies of such sites as it is your responsibility to view and abide by them.
5.3 If you click on any links or banner advertisements on this Site, you may be transferred to another website where the data privacy practices may be different to those of ours. We are not responsible for the privacy policies or data collection policies of any other websites.
6. How to complain about or report content
6.1 If you become aware of any material that is illegal or could comprise or be connected to child sexual abuse or exploitation or could comprise terrorist content or be connected to terrorism, please contact us immediately on [email protected].
6.2 If you wish to complain about any other content, please contact us on [email protected].
7. Warranties
7.1 This Site is provided on an ‘as-is’ basis without any conditions, warranties or other terms of any kind. We provide the Site on the basis that all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) are excluded to the fullest extent permitted in law.
7.2 Any content and/or software downloaded from the Site is downloaded at your own risk. We accept no liability for damage caused from installing and/ or using any content and/or software.
7.3 We do not guarantee that our Site will be secure or free from bugs or viruses. It is solely your responsibility to virus check all content and/or software downloaded from the Site and to check it is compatible with your device.
7.4 You are responsible for configuring your information technology, computer programmes and platform to access our Site.
8. Liability
8.1 Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products and services to you, which will be set out in our Sale Terms.
8.2 Neither party excludes or limits its liability to the other party for: death or personal injury caused by its own negligence, or the negligence of its employees, agents or subcontractors (as applicable); fraud or fraudulent misrepresentation; and any other matter for which it would be unlawful to exclude or restrict liability.
8.3 Subject to condition 8.2 above, our liability to you in respect of any and all claims, whether in contract, delict, tort, breach of statutory duty, or otherwise in connection with these Terms of Use is (to the extent permitted by law) limited. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
8.4 Subject to condition 8.2, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: loss of profits, sales, business, or revenue; loss of anticipated savings; loss or corruption of software, data, or information; loss of business opportunity, goodwill or reputation; business interruption; or any indirect or consequential loss or damage.
8.5 In addition to condition 8.4 above, we exclude all liability and responsibility for any loss or damage that may in any way result to you or a third party in connection with the use, inability to use, or the results of use of the Site and any third party sites linked to/from the Site including, without limitation, any loss or damage due to viruses, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to/from the Site.
9. How will we use your personal information
We will only use your personal information as set out in our Privacy Policy.
By visiting our website you accept the practices outlined in our Privacy Policy:
Security & Privacy Statement
- To order our products online, you can register with us and log in to your account or checkout as a guest (see our full Privacy Policy for more information). This provides security for your personal data and credit card processing. All data you provide is transmitted and stored securely via our SSL server (see our Personal Data Statement below for a full explanation).
- All credit and debit card details provided to us online are securely processed via Stripe. This site does not retain your card details and they cannot be accessed through our site as they are never input or stored on it.
- We make every effort to comply with current legislation including the Data Protection Act (DPA/UKGDPR) 2018.
Personal Data Statement
- All personal data collected on our site is used only to create and maintain accounts, handle orders, deliver products, process secure payments and update our records. We may also receive and store some automatic information whenever you visit our website.
- Personal data specifically refers to your name, contact details, delivery details, and any business details. It also refers to your order history which is retained for reference.
- Your personal data is processed via a secure server to our orders database. This database retains your details to speed up the processing of any orders that you place.
- You can choose not to provide certain information, but this may prevent you from using all the features on our website.
- We reserve the right to release data for any legal reasons; or to enforce our terms & conditions; or to protect the rights, property and security of the Site and its users. This may include exchanging information with other companies and organisations for fraud protection and credit risk reduction.
- We will not use or share your data for any other purpose than those outlined above except with your express consent. Any change to this policy will be communicated to all our customers.
Your Rights
- the right to access – you can ask for copies of your personal data;
- the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
- the right to erasure – you can ask us to erase your personal data;
- the right to restrict processing – you can ask us to restrict the processing of your personal data;
- the right to object to processing – you can object to the processing of your personal data;
- the right to data portability – you can ask that we transfer your personal data to another organisation or to you;
- the right to complain to a supervisory authority – you can complain about our processing of your personal data; and
- the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
10. Cookies
10.1 Cookies are essential for features on the website to work properly, such as the shopping basket and payment processing.
10.2 Cookies are used to identify you as a logged in user, display products relating to your account type and to allow you to access your account details and order history. If you agree to optional cookies, we use a third party cookie for analytical and marketing purposes in order to improve our website.
10.3 Take a look at our cookie policy for more information.
11. Competitions and promotions
11.1 Our Site may contain or offer competitions or other prize promotions, which may be governed by the additional terms that will feature alongside the relevant competition or prize promotion.
12. General
12.1 You are not entitled to assign or transfer any of your rights or purport to assign any of your obligations under these Terms of Use without our prior written consent. We may, at any time, assign, sublicense, transfer or otherwise dispose of all or any of our rights or obligations under the Terms of Use.
12.2 If any or all provisions in these Terms of Use shall be or become illegal, invalid or unenforceable in any respect, then the remainder of such provision and/or all other provisions shall remain valid and enforceable, and the remaining liabilities of the parties shall not be affected or impaired.
12.3 No delay in exercising or non-exercise of any right, power or remedy provided by law or under these Terms of Use shall impair or otherwise operate as a waiver or release of that right, power or remedy. Any single or partial exercise of any right, power or remedy provided by law or under these Terms of Use shall not preclude any other or further exercise of that right or the exercise of any other right, power or remedy.
12.4 These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Event Terms.
12.5 These Terms of Use are governed by and shall be construed in accordance with English law. Disputes arising in connection with the Terms of Use or the site shall be subject to the non-exclusive jurisdiction of the English courts.
12.6 Our Site is intended for the use of residents in the United Kingdom. Whilst we do not prohibit the use of the Site by residents outside of the United Kingdom, we are not required to ensure that the Site complies with any law other than the laws of England and Wales. If you are an international user (i.e. you are not resident in the United Kingdom) you will be responsible for complying with all local laws.
13. Communication
13.1 By sending us emails, you accept that it is in our legitimate interest to respond via electronic communications. This may be by email or by notices posted on our website. In accordance with UK direct marketing regulations, PECR and Data Proctection Act (DPA/UKGDPR) 2018, we will never send you e-marketing communications without your consent. You also accept that any agreements, notices, disclosures or other communications which we send you electronically satisfy any legal requirement that such communications must be in writing. This does not affect your statutory rights.
(B) TERMS AND CONDITIONS OF SALE
1. Introduction
1.1 The Sale Terms constitute the entire agreement between us and you in relation to your purchase (“Sale Contract”). You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Sale Terms.
1.2 Please read the Sale Terms carefully before placing an order with us. By placing an order with us, you signify your agreement to be bound by the Sale Terms.
2. Placing an Order
2.1 Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Products specific to that order, whether that be Goods or Digital Content, subject to the Sale Terms.
2.2 After you place an order and if it successfully goes through, you will receive an email that confirms that the Goods have been dispatched, or when we make the Digital Content available for you to download or access (“Dispatch”). The Sales Contract between you and us will only be formed when the Dispatch occurs.
2.3 Sometimes we reject orders, for example, because a Product is out of stock, because we have identified an error in the price or description of the Product, or because we are unable to meet a delivery deadline you have specified. When this happens, we will let you know as soon as possible and refund any amount you have paid.
2.4 You can buy our Products from most countries throughout the world. If we are unable to accept your order or deliver to your required delivery address we will inform you and will not charge you for the Product. There may be additional import or customs charges in some territories. As these are outside our control, they must be borne by you.
3. Our Products
3.1 Any images of Products are for illustrative purposes only. For example, the colour of the Products may vary slightly from the images that are displayed on the screen of your device and the packaging or cover of the Goods may vary from that shown on our Site.
3.2 We may change a Product to: reflect changes in relevant laws and regulatory requirements; and to implement technical adjustments and improvements, for example, to address a security threat. These changes will not affect your use of the Product.
3.3 We may update or require you to update Digital Content, provided that the Digital Content shall always match the description of what we provided to you before you purchased this.
3.4 If you place an order for Digital Content and we accept that order we will license to you the non-exclusive, non-transferrable right to download and view a copy of the Digital Content for your personal, non-commercial use only. Any other use of Digital Content is strictly prohibited. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, rent, lease, sublicense, assign, pledge, perform, display, or in any way exploit, any of the content of any Digital Content, in whole or in part.
3.5 If you download any of our smartphone applications, any other use apart from personal use is strictly prohibited. This can entail, but is not limited to: translate, reverse engineer, decompile, disassemble, unbundle, modify or create derivative works based on the Software, use in a commercial scope (sell, re-sell etc.) except as expressly permitted by law.
4. Delivery, Transfer and Risk
4.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
4.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
4.3 If our supply of your Product is delayed by an event outside of our control, we will contact you as soon as possible to let you know and do what we can to reduce the delay. We won’t compensate you for any delay, but if the delay is likely to be substantial, you can contact our Customer Service Team to receive a refund for any Products you have paid for, but not yet received.
5. Price and Payment
5.1 The price of Products will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct. It is possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover an error in the pricing of the Products you have ordered, we will contact you to inform you of this error and we will give you the option of continuing with the purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may cancel the order and refund you any sums you have paid.
5.2 The price for Products shall be exclusive of value added tax (if applicable) and does not include delivery charges. We reserve the right to charge you, in addition to the price for the Products, for all costs or charges, if applicable, in relation to packaging, loading, unloading, carriage, insurance and storage. We reserve the right to charge to you any extra or increased costs incurred by us in meeting any specific order requirement.
5.3 We accept payment by the means specified on our Site. Payment must be made at the time of ordering (subject to condition 5.4 below). Payment of the total purchase price (including VAT and any delivery charges) must be made in full before Dispatch.
5.4 If you are purchasing a subscription from us, you shall pay for this at the point of purchase on our Site.
6. Returns and Refunds
6.1 For most of our Products bought online, individual consumers have a legal right to change their mind about a purchase within 14 days from the day on which the Goods are received, or from the day of the conclusion of the contract, in the case of services or Digital Content not supplied in a tangible medium (please see condition 6.3 for further information). Any refund to you may account for deductions to reflect the reduction in the value of the Products if this has been caused by your handling them in a way which would not be permitted in a shop. Only complete books may be returned unless otherwise authorised by us in writing.
6.2 To let us know you want to change your mind. Please contact us by email at [email protected]. Please provide your name, home address (in case of Goods), your order number, details of the order and, where available, your phone number and email address.
6.3 If you change your mind about a Product, you must let us know no later than 14 days after: the day of delivery, if its Goods. If the Goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the Goods are split into several deliveries over different days, the period runs from the date after the last delivery; the day we confirm that we have accepted your order, if it is for a service; or the day we confirm we have accepted your order, if it is for Digital Content for download or streaming, although you cannot change your mind about Digital Content once we have started providing it.
6.4 If you are exercising your right to change your mind, the following shall apply to your refund: if the Products are Goods, your refund will be made within 14 days from the date on which we receive the Goods back from you; and in all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
6.5 The right of cancellation does not apply to: Digital Content, after you have started to download or stream these, or if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery started; services, once these have been completed; audio or video recordings; computer software; personalised, bespoke or sealed (once unsealed) Goods; and Goods which become mixed inseparably with other items after their delivery.
6.6 We will pay the costs of return: if the Goods are faulty or misdescribed; or if you are ending the Sales Contract because we have informed you of an upcoming change to the Product or the Sales Terms, an error in pricing or description, a delay in delivery due to events outside of our control, or because you have a legal right to do so as a result of something we have done wrong.
In all other cases, returns are made at your expense.
6.7 If a Product is faulty or misdescribed, you may have a legal right to end the Sales Contract and receive a refund. If you think there is something wrong with your Product, you must contact our Customer Service Team.
6.8 You have the right to end the Sales Contract for the reasons set out below. In such circumstances, the Sales Contract will immediately end and we will refund you in full for any Products which have not been provided. The reasons are: we have told you about an error in the price or description of the Product you ordered and you do not wish to proceed; there is a risk that the supply of the Products may be significantly delayed because of events outside our control; or you have a legal right to end the Sales Contract because of something we have done wrong.
7. Liability
7.1 No party excludes or limits its liability to the other for: death or personal injury caused by its own negligence, or the negligence of its employees, agents, or subcontractors (as applicable); fraud or fraudulent misrepresentation; and any other matter for which it would be unlawful to exclude or restrict liability.
7.2 Subject to condition 7.1 above, our liability to you in respect of any and all claims, whether in contract, delict, tort, breach of statutory duty, or otherwise in connection with these Sale Terms is (to the extent permitted by law) limited to and shall not exceed the price of the Products.
7.3 Subject to condition 7.1, we will not be liable to any customer, in respect of any and all claims, whether in contract, delict. tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with any Sales Contract between us for: loss of profits, sales, business, contracts or revenue; loss of anticipated savings; loss or corruption of software, data or information; business interruption; or any indirect or consequential loss.
7.4 Subject to provisions contained in this condition 7, we will be responsible for losses you suffer caused by us breaking this Sales Contract unless the loss is avoidable. We shall not be responsible if the loss was something you could have avoided by taking reasonable action. For example, damage to your own Digital Content or device which could have been avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
8. Ending our Contract
8.1 Without limiting any other rights contained in these Sale Terms, we may suspend the supply or delivery or the Products to you, or terminate the Sales Contract with immediate effect by giving notice in writing if you: commit a material breach of any term in the Sale Terms and (if such breach is remediable) fail to remedy that breach within 30 days of you being notified to do so; you fail to pay any amount due under the Sales Contract on the due date for payment; you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequality fulfil your obligations under the Sales Contract has been placed in jeopardy.
9. Claims
9.1 Any claims for damage to Goods in transit, or shortage in Goods delivered, must be notified to both the relevant carrier and us within seven 7 days after the date of delivery (packaging and contents to be held for inspection). Any other claims for credit must be notified to us within twenty-eight 28 days after the date of delivery. On no account will claims be considered if notified outside these periods. You must afford us or our agents opportunity to verify any shortage and/or inspect any damaged Goods as delivered.
10. Withdrawal of Products
We may write to you to let you know that we are going to stop providing a Product. We will refund you any sums you have paid in advance for Products which will not be provided.
11. Third Party Rights
11.1 Neither us nor you intend any term of the Sales Contract to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999.
12. Communications between us
12.1 When we refer to “in writing”, this includes email.
12.2 Any notice given under or in connection with the Sales Contract must be in writing by email. Any notice or communication shall take effect when a complete and legible copy of the communication, received at the appropriate address.
13. Force Majeure
13.1 We shall have the right to cancel or delay deliveries or performance or to reduce the quantity of Goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any relevant Sales Contract or otherwise failing to implement its obligations to you if such failure or delay shall be due to any cause or circumstance beyond our reasonable control.
13.2 Such cause or circumstance shall include, but shall not be limited to, fire, flood, riot, terrorism, strike, freight embargoes or transportation delays, shortage of labour, inability to procure or secure fuel, material, supplies or power at current prices or on account of shortages thereof, pandemic, epidemic and/or other health related emergencies, acts of God or of a public enemy, or any existing or future laws or acts of H.M. Government or the government of any other state or territory (including specifically but not exclusively any orders, rules or regulations issued by any official or agency of H.M. Government or of any other such government) affecting the conduct of our business with which we, in our sole discretion, deems it advisable to comply as a legal duty.
14. General
14.1 You are not entitled to assign or transfer any of your rights or purport to assign any of your obligations under these Sale Terms without our prior written consent. We may, at any time, assign, sublicense, transfer or otherwise dispose of all or any of our rights or obligations under the Sale Terms.
14.2 You acknowledge and agree that the Sales Contract and any business, operational, financial or sensitive information disclosed to you pursuant to the Sales Contract or these Sale Terms is confidential and you shall not disclose such confidential information to any third party without our written consent.
14.3 If all or any provisions in these Sale Terms shall be or become illegal, invalid or unenforceable in any respect, then the remainder of such provision and/or all other provisions shall remain valid and enforceable and the remaining liabilities of the parties shall not be affected or impaired.
14.4 No delay in exercising or non-exercise of any right, power or remedy provided by law or under these Sale Terms shall impair or otherwise operate as a waiver or release of that right, power or remedy. Any single or partial exercise of any right, power or remedy provided by law or under these Sale Terms shall not preclude any other or further exercise of that right or the exercise of any other right, power or remedy.
14.5 Please refer to our Privacy Policy to know how we use and store your personal data.
14.6 We have the right to end our Sales Contract with you at any time if you are in breach of it.
14.7 We reserve the right to vary these Sale Terms without notice at our sole discretion.
14.8 Termination of the Sales Contract shall not affect your or our rights and remedies that have accrued as at termination.
14.9 These Sales Terms and our Sale Contract are governed by and construed in accordance with the laws of England and all disputes shall be submitted to the exclusive jurisdiction of the English courts.
(C) EVENT TERMS AND CONDITIONS
1. Introduction
1.1 These terms and conditions govern your participation in our events including: Workshops, Webinars, Challenges, Programs, Masterclasses, Training etc. (each an “Event” and together the “Events”).
1.2 Any contract formed is made between us and the person, company or other entity specified on your booking form (“you” or “your”).
1.3 By registering for the Event, you are agreeing to be bound by the following terms and conditions (“Event Terms”).
1.4 You agree that you are 18 years or older. If you are booking on behalf of your educational establishment, you also confirm that you have the necessary authority to bind your educational establishment and you will procure that any participants in the Event (“Participant”) will adhere to these terms and conditions.
1.5 Where tickets are issued for an Event, you shall be responsible for any such tickets, and we shall not be responsible in the event of any loss, theft, and/or destruction of tickets.
2. Your Booking
2.1 It is your responsibility to ensure that the information you provide to us during the booking process is complete and accurate.
2.2 Spaces at an Event may be restricted and are allocated on a first come, first served basis. Your place at the Event is not guaranteed until you receive an email from us stating that your booking is confirmed (your “Booking Confirmation” and a “Confirmed Booking”).
2.3 If you are booking an Event on behalf of your educational establishment, we will ask you to confirm the total number of Participants at the time of booking. If you are booking any other Event on behalf of your education establishment, we will ask you to provide a provisional number of expected Participants in the Event. This number must be confirmed no later than 28 days prior to the Event and if you are making a booking within 28 days of the Event, you must confirm the total number of Participants at the time of booking. In the event that you fail to confirm the total number of Participants in accordance with this condition 2.3, we reserve the right to release your provisional booking.
2.4 Your Booking Confirmation shall include: link with access to the Event at a specified time and date; if applicable, a set of notes to compliment the Event for each Participant (the “Materials”); if the event is a webinar, you may receive a recording of the Event once it has concluded if stated prior that the replay will be available in our communication (either in an email reminder or on the event form you completed for booking);
3. Payment of the Event Fee
3.1 Fees for each Event, where applicable, are correct at the time of publication. We reserve the right to change the fee at any time but such changes will not affect registrations which have already been confirmed by us.
3.2 When registering for a paid Event, you agree to pay the fee associated with the Event at the registration and shall receive the receipt in up to 5 business days after the transaction has successfully been made.
4. Amending or Cancelling your Booking
4.1 If you wish to cancel your booking, you will need to notify our Events Team at [email protected] as soon as possible.
4.2 You will receive a full refund if you cancel 14 days prior to the Event. You will not be reimbursed if you cancel less than 14 days prior to the Event, due to needing to cover the costs of processing your cancellation and to compensate us for the risk that we may not be able to resell your place(s). However, in case your place(s) will be filled, we may at our sole discretion issue a reimbursement as our courtesy. The cancellation charges will be effective from the date of receipt of written communication. The full cost of the booking is payable if you do not cancel your places(s) and do not attend the Event.
4.3 We shall use all reasonable endeavours to provide the Events described on our Site, but we reserve the right to cancel or change the Event for any reason, including, but not limited to: the circumstances set out in condition 8 (Force Majeure); and if before the Event we have not, in our sole discretion, received a sufficient number of applications to ensure that there are enough Participants to make the Event economically viable.
4.4 We may at our sole discretion, change the format, speakers, participants, content, venue location and programme or any other aspect of the Event at any time.
4.5 If you have a Confirmed Booking, in the event of the cancellation of the Event by us, we may offer you a place at an alternative Event (at our sole discretion). In the event that a suitable alternative Event is not available, you will not be liable to pay the Event fee.
5. Webinar Events
5.1 Joining details for a Webinar Event shall be sent to your email address which was used for the booking around 1-3 business days before the Event takes place. If you have not received these details 3h before the Event, please contact our Events Team at [email protected].
5.2 We may record Webinar Events and make the replay available for the participants, if so, we may send a recording of the Event to your email.
5.3 Access to webinar Events is for yourself only. You may not share the unique access link given to you with any third party. Access to the Event may require you to configure the settings on your device, which may require that you download software for your operating system. We will not be responsible to you if you fail to verify your device configuration or download the necessary software before the webinar Event occurs. In such circumstances, you will still be liable to pay for the Event and will not be entitled to a refund.
5.4 Zoom (or any other required) application must be downloaded prior to the webinar. We are not liable for your use of any third party application.
6. Intellectual Property
6.1 Copyright in the Materials or any content related to the Event (including but not limited to recordings) (“Event Materials”) belongs to us exclusively or is used under licence from a third party. You may not copy, distribute, publish, sell or disseminate the Event Materials in any form via any channel without our prior written consent.
7. Liability
7.1 Neither party excludes or limits its liability to the other party for: death or personal injury caused by its own negligence, or the negligence of its employees, agents, or subcontractors (as applicable); fraud or fraudulent misrepresentation; and any other matter for which it would be unlawful to exclude or restrict liability.
7.2 Subject to condition 7.1 above, our total liability to you in respect of any and all claims, whether in contract, delict, tort, breach of statutory duty, or otherwise in connection with these Event Terms is (to the extent permitted by law) limited in respect of each event or series of connected events to the Event fee paid or payable by you.
7.3 Subject to condition 7.1, we will not be liable to you, or any other person making a booking or attending an Event in your place, in respect of any and all claims, whether in contract, delict, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Event Terms for: loss of profits, sales, business, contracts or revenue; loss of anticipated savings; loss or corruption of software, data, or information; waste of management, office, study or teaching time; business interruption; or any indirect or consequential loss or damage.
7.4 In addition to condition 7.3 above, we accept no responsibility for the loss of, theft, or damage to any property owned by or under your control which you bring to the Venue. You are solely and personally responsible for the safety of your belongings.
8. Force Majeure
8.1 We shall have the right to cancel or change the Event and shall under no circumstances be responsible for any such cancellation or change if this is due to any cause or circumstance beyond our reasonable control.
8.2 Such cause or circumstances shall include, but shall not be limited to, fire, flood, riot, terrorism, strike, freight embargoes or transportation delays, shortage of labour, inability to procure or secure fuel, material, supplies or power at current prices or on account of shortages thereof, pandemic, epidemic or other health emergency, acts of God or of a public enemy, or any existing or future laws or acts of H.M. Government or the government of any other state or territory (including specifically but not exclusively any orders, rules or regulations issued by any official or agency of H.M. Government or of any other such government) affecting the conduct of our business with which we, in our sole discretion, deems it advisable to comply as a legal duty.
9. General
9.1 Attendance at any Event is not guaranteed to meet any requirements you may have.
9.2 You are not entitled to assign or transfer any of your rights or purport to assign any of your obligations under these Event Terms without our prior written consent. We may, at any time, assign, sublicense, transfer or otherwise dispose of all or any of our rights or obligations under the Event Terms.
9.3 You acknowledge and agree that these Event Terms and any business, operational, financial or sensitive information disclosed to you pursuant to these Event Terms is confidential and you shall not disclose such confidential information to any third party without our written consent.
9.4 If all or any provisions in these Event Terms shall be or become illegal, invalid or unenforceable in any respect, then the remainder of such provision and/or all other provisions shall remain valid and enforceable, and the remaining liabilities of the parties shall not be affected or impaired.
9.5 No delay in exercising or non-exercise of any right, power or remedy provided by law or under these Event Terms shall impair or otherwise operate as a waiver or release of that right, power or remedy. Any single or partial exercise of any right, power or remedy provided by law or under these Event Terms shall not preclude any other or further exercise of that right or the exercise of any other right, power or remedy.
9.6 These Event Terms set out the entire agreement and understanding between us for any of our Events and supersedes all proposals and prior agreements, arrangements, and understanding between us in relation to its subject matter.
9.7 Please refer to our Privacy Policy to know how we use and store your personal data.
9.8 These Event Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Event Terms.
9.9 We reserve the right to vary these Event Terms without notice at our sole discretion.
9.10 Nothing contained in these Event Terms shall constitute or shall be construed as constituting a partnership, joint venture, or contract of employment between us.
9.11 These Event Terms and any matters arising from them shall be governed by and construed in accordance with the laws of England and all disputes shall be submitted to the exclusive jurisdiction of the English courts.