TERMS OF SERVICE
Effective as of 30th June 2021.
|Please read the following important Terms carefully, and check that you agree with them, before signing up for an account with us, The 2 check boxes must be ticked to confirm that you agree to all terms and conditions before being allowed to continue with the purchase.Each order you place in our Website will be governed by these Terms. By placing an order with us you agree to these Terms. If you do not agree to these Terms, do not continue with your purchase or register for an Account with us.|
About UK Pro Tiling Training
UK Pro Tiling Training provides an online training course containing digital content demonstrating how to professionally tile and advising how to run a self-employed business. The course consists of video demonstration modules with written content available for learners to access and practice alongside at home.
You can either scroll down to read these terms in their entirety (which we recommend you do), or click on one of the links below to go straight to the section you are interested in.
- About Us and These Terms
- Business Customers and Consumers
- About These Terms
- Your Account and Our Contract with You
- Charges and Payments
- How You May Use Our Content
- Our Intellectual Property Rights
- Availability, Updates and Support
- External Products
- Your Rights to End the Contract
- Our Rights to Suspend the Licence
- Our Rights to End the Contract
- Consequences of Ending the Contract
- Limit on Our Responsibility to You if You are a Consumer
- Limitation of Liability if You are a Business Customer
- Your Privacy
- General Terms
- Definitions and Interpretation
1. ABOUT US AND THESE TERMS
1.1 Who we are. When we say we, us or our, we mean UK Pro Tiling Training Ltd, a company registered in England and Wales under company number 09859750. We operate www.tiling-courses.co.uk and www.professional-tiling-courses.com websites and subdomains (Website). Our registered office is at Unit 21 City West Business Park, St Johns Rd, Durham, DH78ER.
1.2 How to contact us. If you wish to contact us for any reason, including because you have any complaints, you think our Content is faulty or misdescribed, or wish to end your contract with us, you can contact us:
(a) by email at [email protected]ukprotilingtraining.com; or
(b) post to the address set out in clause 1.1 above.
If you are a business customer, you should refer to clause 18.8 (Notices) for information on how to serve notice on us.
1.3 How we may contact you. If we have to contact you, we will do so by email, text, or post, using the contact details you have provided to us.
2. BUSINESS CUSTOMERS AND CONSUMERS
2.1 How to identify terms that apply to you. In some areas you will have different rights under these Terms depending on whether you are a business or consumer. Provisions:
(a) specific to consumers only are introduced by the following box:
This clause applies to consumers only.
(b) specific to business customers only are introduced by the following box:
This clause applies to business customers only.
(c) all other provisions apply to all customers.
2.2 Are you a business customer or a consumer? You are a consumer if you are an individual, and you are purchasing our Content wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2.3 This is our entire agreement with you.
This clause 2.3 applies to business customers only.
If you are a business customer, these Terms constitute the entire agreement between us in relation to your purchase. 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 these Terms.
3. ABOUT THESE TERMS
3.1 What these Terms cover. These are the terms and conditions (Terms), on which we grant you a licence to access through our Website and use our digital content in the form of our professional tiling course (Content).
3.2 Why you should read these Terms. These Terms set out your legal rights and responsibilities, our legal rights and responsibilities, and certain key information required by law. Please read these Terms carefully and make sure that you understand them, before buying access to or using our Content, or signing up for an account with us on our Website (Account). We will ask you to agree to these Terms before you create an Account and/or before you purchase access to our Content. You should retain a copy of these Terms for future reference.
3.3 Changes to these Terms. We may amend these Terms from time to time, for example, to reflect changes in law or best practice, or to deal with changes we introduce to our goods. Any such changes will not affect any digital content which you have already ordered from us, but will form the future basis on which we will supply digital content to you.
4. YOUR ACCOUNT AND OUR CONTRACT WITH YOU
4.1 How to purchase access to our Content. To gain access to our Content, you need to complete the order form on our Website, accept these Terms, and place and pay for your order.
4.2 Your Account and our contract with you. Once you have placed an order for and paid for access to our Content on the website, you will receive log in details by email for your Account at which point (Commencement Date) a legally binding contract will come into force between you and us. You must keep details of your Account secure and not share them with anyone else.
4.3 Duration of the contract. You will gain access to and will be able to use the Content you have purchased by logging in to your Account with the username and password in your email conformation. The contract between you and us will continue for the duration of the licence set out in clause 6.1 (Grant of licence), unless terminated early in accordance with clause 11 (Your rights to end the contract) or clause 13 (Our rights to end the contract).
4.4 Use on behalf of an organisation. If you place and order for, or use our Content, or expressly agree to these Terms in the course of a business, then by doing so, you bind both yourself, and the person, company or other legal entity that operates that business or organisational project to these Terms.
4.5 Who you are. When we say you or yours, we mean the person (whether natural or legal) whose details are provided to us when purchasing access to our Content and signing up for an Account on our Website. If you place and order for, or use our Content, or expressly agree to these Terms in the course of a business, then by doing so, you bind both yourself, and the person, company or other legal entity that operates that business or organisational project to these Terms, and in these circumstances references to you or yours in these Terms are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
4.6 Accuracy of information. When placing your order on our Website and signing up for your Account, you must use accurate information, including your first and last name, your chosen password, and details of your business, including full legal name, trading name (if applicable), company number (if applicable), and registered address. If any of those details change during the term of our contract with you, you must update them in your Account.
5. CHARGES AND PAYMENTS
5.1 Our prices. All our fees (Fees):
(a) are in GBP (£);
(b) include VAT at the applicable rate; and
(c) are as shown on our Website (as may be updated from time to time).
5.2 When and how often you must pay us. You must pay us our licence Fee for access to our Content either:
(a) in one full payment in advance (Advance Payment) when placing your order on our Website; or
(b) you may choose to spread the cost of our Fees over several months as directed on our Website via a third party finance company , which shall be subject to finance company’s separate payment terms (Monthly Credit Payments). By choosing to pay our Fees by Monthly Credit Payments, you agree to sign up to a third party contract with Payitmonthly
If you wish to purchase any additional products (for example, printed course completion certificates or their replacement copies), you must pay for them when placing your order with us.
5.3 How you must pay. We use Stripe (a payment gateway) to process payments through our Website. Stripe accept payments with the following payment cards: Visa, Mastercard and American Express. When paying by Monthly Credit Payments, you will need to provide us with valid, up-to-date and complete billing information. Save as provided in clause 5.5 below, such information must include details of your payment card.
5.4 Failed payments. If, for any reason, the applicable Fees cannot be charged to your payment card in part or in full (for example, due to insufficient funds in the bank account linked to your payment card, or because your payment card has expired and you have not provided us with details of another payment card), will invoice you for the unpaid part of the Fees, and your access to our Content will be suspended immediately. You will need to enter valid payment card details the next time you login/access your Account.
5.5 Our right of set-off.
This clause 5.6 applies to business customers only.
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).
5.6 We can charge interest if you pay late.
|This clause 5.7 applies to business customers only.|
If you are a business customer, and you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 4% a year above the base rate of the Bank of England from time to time (but at 4% a year for any period when that base rate is below 0%). 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.
6. HOW YOU MAY USE OUR CONTENT
6.1 Grant of licence for our Content if you are a consumer.
This clause 6.1 applies to consumers only.
In return for your agreeing to comply with these Terms, and paying our licence Fees, we grant you a non-transferable, non-exclusive licence to access and use your Account and our Content during the Licence Period solely for your own, private, non-commercial purposes and accordance with these Terms.
6.2 Grant of licence for our Content if you are a business customer.
This clause 6.2 applies to business customers only.
In return for your agreeing to comply with these Terms, and paying our licence Fees, we grant you a non-transferable, non-exclusive licence to access and use your Account and our Content during the Licence Period solely for your internal business purposes (for example, gaining or improving professional skills) and accordance with these Terms.
6.3 Course completion certificates. On completion of our course (our Content), you will be issued a completion certificate (see the disclaimer in clause 8.3, We do not award recognised qualifications). Our licence Fees cover electronic course completion certificates, which you can contact us by email to request the electronic certificates. Hard copy certificates can be purchased from us at an additional Fee (as set out on our Website from time to time). If you would like to purchase a hard copy certificate (or a replacement of a lost or damaged certificate), please email us at [email protected] All names on the certificate will be printed in capital letters in a font chosen by us. Please allow up to 14 days for postal certificates to be received, if this certificate does not arrive within this time please get in touch. We only post certificates to UK postcodes. Certificate posted outside of the UK will be at our discretion. Please see the disclaimer in clause 8.9 (We are not responsible for certificates lost in post).
6.4 You must keep your device and Account secure. You are responsible for keeping your device and Account safe and secure. You must promptly notify us of any unauthorised use or security breach of your Account or our Content that could compromise the security or integrity of our Website or Content or otherwise adversely affect us, and fully co-operate with us to remedy the issue as soon as reasonably practicable.
6.5 You may not transfer your rights to our Content to someone else. You may not transfer your rights to access our Content (for example, grant any sub-licenses) to someone else, whether for money, for anything else or for free.
6.6 You may not share our Content with your group companies.
This clause 6.6 applies to business customers only.
The rights granted to you are not considered granted to any of your subsidiaries or holding companies.
6.7 Prohibited actions. You must not (or permit or assist others to):
(a) sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make our Content available in any form, in whole or in part, to any person without prior written consent from us;
(b) display our Content (in part or in whole) as part of any public performance or display unless such use would not constitute a copyright infringement or breach legal rights of any person (including corporate entity) or is specifically permitted by us;
(c) copy our Content, except as part of the normal use of the software;
(d) use our Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any content that is presented to you in streaming format;
(e) translate, merge, edit, adapt, vary, alter or modify, the whole or any part of our Content nor permit our Content or any part of them to be combined with, or become incorporated in, any other programs, applications or digital content except as necessary to use our Content on devices as permitted in these Terms;
(f) disassemble, de-compile, reverse engineer or create Derivative Works based on the whole or any part of our Content nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the software to obtain the information necessary to create an independent program that can be operated with our Content or with another program (Permitted Objective), and provided that the information obtained by you during such activities is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to our Content is kept secure; and is used only for the Permitted Objective;
(g) attempt to, or assist, authorise or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of our Website or our Content; or
(h) access or use the source code of our Website or our Content.
6.8 Harm to us or our users.
You must not (or permit or assist others to):
(a) use our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, onto our Website, or our Content, or any operating system;
(b) use our Website or our Content in a way that could damage, disable, overburden, impair or compromise our Website, our systems or security or interfere with other users; or
(c) collect or harvest any information or data from our Website or our Content or our systems or attempt to decipher any transmissions to or from the servers running our Website or our Content.
7. OUR INTELLECTUAL PROPERTY RIGHTS
7.1 You do not own our Content. All intellectual property rights in our Website, our Content and any Derivative Works we may create, throughout the world belong to us (or our licensors) and the rights in our Content are licensed (not sold) to you. When we refer in these Terms to paying for our Content, we mean paying for the right to access and use our Content in accordance with these Terms, rather than for obtaining the ownership of our Content and/or any part of it. Any goodwill derived from the use by you of our intellectual property rights will accrue to us (or our licensors).
7.2 Reserved rights. We expressly retain for our own and third party exploitation all rights in, or in relation to, the Content that are not expressly granted to you under these Terms, including any and all Derivative Works, and any other rights (whether known now, or created later, and whether or not in the contemplation of the parties at the Commencement Date).
7.3 Assignment. You assign to us, and shall assign, all other intellectual property rights in any development of the Content or any Derivative Works you (if created), by way of future assignment of copyright and database right. You will execute this assignment or confirmatory assignment as may be required by us.
7.4 Our trade marks. UK Pro Tiling Training, our logos and our other trade marks are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
7.5 Proprietary marks and notices. You must not remove any trade marks, service marks, labels or other legal or proprietary notices included on our Website or in our Content, or attempt to modify any content obtained through our Website or Content (save as expressly enabled by its functionalities), including any modification for the purpose of disguising or changing any indications of the ownership or source of that content.
This clause includes important notices and disclaimers. Please read it carefully.
8.1 Our Content is not a substitute for tailored professional training. The advice, information, guidance, demonstrations and any other content contained in our Website or Content is purely intended as general advice, information and guidance only and is not a substitute for specific tailored professional advice.
8.2 We do not guarantee that our Content will meet your specific requirements. Our Content should not be regarded as specific tailored professional advice (whether as to technical matters, health and safety matters, business matters or otherwise) and when following any of the demonstrations or working on any of your own DIY or professional jobs, we advise that you take specific bespoke advice tailored to your own particular circumstances and requirements. You shall at all times remain responsible for (a) deciding on your use of, choosing to what extent you wish to rely on, or implementing advice or recommendations or other products contained in or referred to in our Website or Content; and (b) the delivery, achievement or realisation of any benefits directly or indirectly intimated in our Website or Content. And any advice, option, statement of expectation or recommendation supplied by us through our Website or Content shall not amount to any form of guarantee in respect of the achievement of a particular outcome or result.
8.3 We do not award recognised qualifications. The certificates we issue under clause 6.3 (Course completion certificates) are ‘certificates of achievement’. We do not provide courses leading to or award any recognised qualifications.
8.4 No guarantee of future success. Completion of the course does not guarantee your competence to perform work or your ability to gain employment or become self-employed. We do not guarantee any kind of employment and we make no representation to your suitability of employment following the completion of our course. Any statement made to you at any time by us regarding the likelihood of you obtaining any kind of employment and/or your potential earnings shall be treated as a matter of opinion and not representation and shall be non-binding.
8.5 Your health and safety is your responsibility. You assume and take all responsibility for your actions at all times, whether or not they result from our Website or Content.
8.6 Personal Protection Equipment. We advise you to seek specific advice for your personal circumstances in order to ensure that you wear suitable safety protection for your eyes, knees, ears and hands when doing any kind of training or tiling work. You should be extremely careful of getting any cementitious products in your eyes, if you do, flush out immediately with clean water and seek medical attention, suitable safety glasses should be worn. You should be careful of sharp tools and especially the cut edge of a tile, they can be razor sharp and can cut skin very easy.
8.7 Plumbing and electrical work. We advise you to seek professional advice from a qualified plumber or electrician when you require any plumbing or electrical work.
8.8 Practice space and equipment. By purchasing our Content, you agree to have the basic computer skills required and suitable internet speeds to access and navigate the Content and to have an up to date version of Adobe Flash Player so that our video Content is able to play on your devices. We do not have an IT department and we are under no obligation to help you solve any technical issues you may have with your own computer or device that you are using to view our Content in order to undertake the course. We are not responsible if you cannot follow along, put into practice or benefit from the course due to lack of your own ability, practice space or any tools that you need buy to complete any of the given tasks to complete the course and we shall not provide any refund for any of these reasons. Please make sure you have your own funds to be able to buy tools required to complete the course and you have a suitable work area to practice the tasks given on the modules.
8.9 We are not responsible for certificates lost in post. We cannot take responsibility for any certificates which are lost in the post. We will keep proof of postage for our records. If your hard copy certificate is lost, you can purchase a replacement by contacting us and paying the replacement fee as published on our Website from time to time.
8.10 We only use fictitious examples in our Content. Personal names, business names, characters, places and incidents referred to on the website or in the course content are used fictitiously. Any resemblance to actual events, places, businesses or persons, living or dead is entirely coincidental.
8.11 Third party contracts. You acknowledge that if you agree to pay our Fees by Monthly Credit Payments, you are agreeing to sign up to a new contract with a third party finance provider for which we hold no responsibility.
9. AVAILABILITY, UPDATES AND SUPPORT
This clause includes important notices and disclaimers. Please read it carefully.
9.1 We do not guarantee availability of our Content. We will use reasonable skill and care to provide our Content to you and to keep it safe, secure and error-free but we do not promise that your use of our Content will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of our Content to you but we do not guarantee 100% availability. For example, our Website or Content may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures.
9.2 Updates to our Content. From time to time, we may automatically update our Website or Content to improve performance, enhance functionality, reflect changes to the operating system, address security issues or implement new versions of our Website or Content.
9.3 We can discontinue or change our Website or Content. We reserve the right to discontinue or alter any or all of our Contents, and to stop publishing our Website, at any time in our sole discretion without notice or explanation.
9.4 We are not responsible for problems relating to communication networks. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our Website and Content may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
9.5 Support for our Content. If you want to learn more about or have any problems using our Content, please contact us using the contact form on our Website. We may provide you with reasonable support in relation to your use any of our Content, but have no obligation to do so under these Terms. We will have no obligation to provide support in respect of issues caused by the improper use of our Content or any alteration to our Content made without our prior consent.
9.6 How to contact us if there is a problem with our Content. If there is a problem with our Website or Content, or if you wish to contact us for any other reason please contact us at [email protected]
9.7 If there is a problem with our Content.
This clause 9.7 applies to consumers only.
If you are a consumer, we are under a legal duty to supply our Content in conformity with our contract with you. See the box below for a summary of your key legal rights. Nothing in these Terms will affect your legal rights.
|The Consumer Rights Act 2015 says that the following rights apply to digital content supplied to consumers for a price:● digital content must be as described, fit for purpose and of satisfactory quality;● if your digital content is faulty, you are entitled to a repair or a replacement;● if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and● 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. The Consumer Rights Act 2015 says that goods supplied to consumers for a price must be as described, fit for purpose and of satisfactory quality. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call +44 (0)3454 04 05 06.|
10. EXTERNAL PRODUCTS
This clause includes important notices and disclaimers. Please read it carefully.
10.1 Your access to third party products. Our Website may allow you to access, use or interact with third party apps, websites, content or other products or services (External Products). For example, if you wish to pay our licence Fees by way of Monthly Credit Payments, you may need to use one of the finance providers we work with. Please note that:
(a) these Terms only apply to our Website and our Content, and that your use of any External Products will be governed by the terms and conditions and privacy policies of the third party providers of such External Products; and
(b) you will need to make your own independent judgement about whether to use any External Products (even if they are recommended by us).
10.2 You are responsible for third party fees. You are responsible for:
(a) any access or data fees incurred from third parties (such as your internet provider or mobile carrier and other fees and taxes) in connection with your use of our Website and our Content on your device; and
(b) any fees incurred from third parties in relation to your use of the External Products.
10.3 Endorsed External Products. We do not make any warranties about any External Products, even if they are endorsed by us. We do not warrant that your use of any External Products will be uninterrupted, error-free or secure.
11. YOUR RIGHTS TO END THE CONTRACT
This clause 11 applies to consumers only.
11.1 Statutory consumer “cooling-off” period cancellation rights.
|The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that, within the period of 14 days from buying a product online, you can change your mind, cancel your purchase and receive a refund.Traders must not begin the supply of digital content or services before the end of that 14 days’ cancellation period, unless consumers have agreed to supply during the cancellation period, and (in case of digital content) acknowledged that their right to cancel will be lost as a result of the supply commencing early.Once the digital content is supplied or the service is fully performed, the right to cancel is lost whether or not the 14 days’ cancellation period has lapsed. To meet the cancellation deadline, consumers must communicate their cancellation to the trader by email before the 14 days’ period has expired. If you wish, you can but do not have to use the model cancellation form below:Model Cancellation FormI hereby give notice that I cancel my contract for the supply of [digital content]Ordered on [*] / received on [*]Name of consumer(s),Address of consumer(s),Signature of consumer(s) (only if this form is notified on paper),Date [*] Delete as appropriate© Crown copyright 2013. This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call +44 (0)3454 04 05 06.|
11.2 Supplying our Content during the “cooling off” cancellation period.
If you are a consumer and you purchase our Content, our Content will not be supplied to you before the end of the statutory 14 days’ cancellation period unless you expressly request it and acknowledge that you will lose your cancellation right once the Content is fully provided. You can do that by selecting the appropriate confirmation box on our website when purchasing our Content. We will then be able to grant you access to our Content immediately. You may cancel your contract with us within 14 days after that date, but you must pay us in full for all the digital content already provided up until the time of cancellation.
11.3 You may have a legal right to end this contract if there is a problem with our Content
If our Content is faulty or misdescribed, you may have a legal right to end the contract or to get our Content fixed or replaced, or to get some or all of your money back. Please see clause 9.7 (If there is a problem with our Content) for details.
11.4 You do not have cancellation rights if you are a business customer.
This clause 11.4 applies to business customers only.
For the avoidance of doubt, if you are a business customer, you are not entitled to any cancellation rights.
12. OUR RIGHTS TO SUSPEND THE LICENCE
12.1 We may suspend the licence if you are not at fault. We may have to suspend your access to our Content to:
(a) deal with technical problems or make minor technical changes;
(b) update our Website or Content to reflect changes in relevant laws and regulatory requirements; and/or
(c) make other changes to our Content.
12.2 Your rights if we suspend the licence if you are not at fault. We will contact you in advance to tell you we will be suspending your licence under clause 9.1, 10.1 above, unless the problem that needs to be addressed is urgent or an emergency. You may contact us to end this contract if we suspend any of our Content under clause above, or tell you we are going to suspend it, in each case for a period of more than 30 days.
12.3 We may suspend your licence if you are at fault. Without limiting or affecting any other right or remedy available to us, we may suspend your access to your Account and/or our Content if:
(a) you do not pay us our Fees when you are supposed to. We may do so until you have paid us the outstanding amounts; and/or
(b) you breach other provisions of these Terms or we reasonably suspect that you have breached other provisions of these Terms in any way. We may send you one or more formal warnings before suspending your access to your Account and/or our Content.
13. OUR RIGHTS TO END THE CONTRACT
13.1 When we may end this contract if you break it. We may end your rights to access to our Content and end this contract at any time by contacting you if you breach these Terms materially or repeatedly. If what you have done can be put right, we will let you know and give you a reasonable opportunity to do so. If we end this contract because your break it, it will end immediately, and you may have to pay us compensation for the loss we incur as a result of your breaking the contract.
13.2 We may end this contract if you fail to pay. Without limiting the generality of clause 13.1 above, we may end this contract if you do not pay us our Fees when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due.
13.3 We may withdraw our Content. We may write to you to let you know that we are going to stop supplying our Content and end this contract. We will let you know at least 3 months before we end this contract, unless it is not possible (for example, because we have to discontinue providing the Content for security or legal reasons).
14. CONSEQUENCES OF ENDING THE CONTRACT
14.1 Consequences of ending this contract. When this contract ends for any reason, then in addition to the relevant provisions of clause 13 (Our rights to end the contract), or clause 18.2 (Events outside our control) (as applicable),
(a) you must stop all activities authorised by these Terms, including your use of our Content;
(b) if you are a consumer,
This clause 14.1(b) applies to consumers only.
and we have the right to invoice you in respect of failed payments as described in clause 5.4 (Failed payments), you must immediately pay us all of our outstanding unpaid invoices; or
(c) if you are a business customer,
This clause 14.1(c) applies to business customers only.
you must immediately pay us all of our outstanding unpaid invoices and interest and, in respect of our Content (or any other products) supplied but for which no invoice has been submitted, we may submit an invoice, which will be payable by you immediately on receipt;
(d) any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the contract shall remain in full force and effect; and
(e) termination or expiry of the contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the contract which existed at or before the date of termination or expiry.
15. LIMIT ON OUR RESPONSIBILITY TO YOU IF YOU ARE A CONSUMER
This clause 15 applies to consumers only.
15.1 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.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability:
(a) for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) for fraud or fraudulent misrepresentation;
(c) for breach of your legal rights in relation to the Content as summarised at clause 9.7 (If there is a problem with our Content);
(d) defective products under the Consumer Protection Act 1987;
(e) arising under applicable laws relating to the protection of your personal information; or
(f) any other any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.3 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.
15.4 Events outside our control. We will not be liable for delays caused by events outside our control, as set out in clause 18.2 (Events outside our control).
15.5 We are not liable for business losses. If you are a consumer, we only our Content to you for domestic and private use. We will not be responsible for any business losses.
16. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS CUSTOMER
This clause 16 applies to business customers only.
16.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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) defective products under the Consumer Protection Act 1987;
(d) arising under applicable laws relating to the protection of your personal information; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Exclusions. Subject to clause 16.2 above, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
(a) any loss of profit, business, revenue, goodwill or anticipated savings;
(b) any indirect or consequential loss or damage (including, but not limited to, any indirect or consequential losses which result in loss of profit, business, revenue, goodwill, anticipated savings or business opportunity, loss or corruption of data);
(c) loss of use or corruption of software, data or information; or
(d) any liability arising as a result of any term implied by common law or statute, order, regulation or any other enactment.
16.3 Liability cap. Subject to clause 16.2 above, 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 in no circumstances exceed:
(a) a sum equal to the total amount of Fees paid by you to us under this contract during the preceding 12 months immediately prior to the act or omission giving rise to the loss; or
(b) if the event giving rise to the loss occurs during the first 12 months of this contract, the amount of Fees paid by you to us under this contract during that period.
17. YOUR PRIVACY
17.1 Our Privacy Notice. If you are an individual, then under data protection legislation, we are the data controller of your personal data processed through our Website, and are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice [https://www.tiling-courses.co.uk/privacy-policy-2/]. It is important that you read that information.
18. GENERAL TERMS
18.1 This is our entire agreement with you. These Terms constitute the entire agreement between us in relation to your purchase. 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 these Terms.
18.2 Events outside our control. If we are unable to provide you with access to our Content because of an event outside our control, 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 the delay continues for more than 30 days, you may contact us to end your contract with us and receive a refund for anything you have paid for but not received.
18.3 We may transfer this contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.4 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.
18.5 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.
18.6 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.
18.7 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 access to our Content to you, we can still require you to make the payment at a later date.
This clause 18.8 applies to business customers only.
(a) Any notice given under these Terms must be in writing and must be: delivered personally or sent by recorded first-class post to the party to whom it is being given at its registered office (if a company) or its principal place of business (in all other cases), or sent by email to our email address at [email protected] or to the user at the email address provided by the user on signing up for the Account or such other email address as one party may notify to the other in writing from time to time.
(b) A notice shall be deemed to have been received: if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address; if sent by pre-paid first-class post or other next working day delivery services, at 9.00 am on the second working day after posting or at the time recorded by the delivery service; and if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
18.9 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer.
This clause 18.9 applies to consumers only.
These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, except that this provision will not have the effect of depriving you of the protection afforded to you by mandatory provisions of the applicable laws regulating the choice of the governing law and/or jurisdiction in consumer contracts. For example, 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.
18.10 Alternative dispute resolution if you are a consumer.
This clause 18.10 applies to consumers only.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with our Content or any other matter, please contact us as soon as possible using one of the contact methods set out in clause 1.2 (How to contact us).
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you. We will also give you certain information required by law about resolving disputes through alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
18.11 Which laws apply to this contract and where you may bring legal proceedings.
This clause 18.11 applies to business customers only.
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.
19. DEFINITIONS AND INTERPRETATION
19.1 Definitions. In these Terms:
(a) Account has the meaning given in clause 3.2 (Why you should read these Terms), as further described in clause 4.2 (Your Account and our contract with you);
(b) Commencement Date has the meaning given in clause 4.2 (Your Account and our contract with you);
(c) Content has the meaning given in clause 3.1 (What these Terms cover);
(d) Derivative Work means work generated or developed following the Commencement Date which is based on the whole or any part of our Content or an underlying work in relation to it (including any changes or improvements to the Content, or replacements of the Content);
(e) External Products has the meaning given in clause 10.1 (Your access to third party products);
(f) Fees has the meaning given in clause 5.1 (Our prices);
(g) Licence Period means the period of 12 months from the Commencement Date;
(h) Permitted Objective has the meaning given in clause 6.7(f) (Prohibited Actions);
(i) Terms has the meaning given in clause 3.1 (What these Terms cover);
(j) we, us and our have the meanings given in clause 1.1 (Who we are);
(k) Website has the meaning given in clause 1.1 (Who we are); and
(l) you and yours have the meanings given in clause 4.5 (Who you are).
19.2 Interpretation. In these Terms:
(a) clause headings shall not affect the interpretation of these Terms;
(b) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(c) a reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established;
(d) unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
(e) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
(f) a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision;
(g) a reference to writing or written includes email but not fax;
(h) any obligation on a party not to do something includes an obligation not to allow that thing to be done; and
(i) any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.