{"id":3095,"date":"2021-05-17T21:58:25","date_gmt":"2021-05-17T20:58:25","guid":{"rendered":"https:\/\/digilearning.co.uk\/safetyonline\/?page_id=3095"},"modified":"2021-05-17T22:00:17","modified_gmt":"2021-05-17T21:00:17","slug":"online-services-terms-conditions","status":"publish","type":"page","link":"https:\/\/digilearning.co.uk\/safetyonline\/online-services-terms-conditions\/","title":{"rendered":"Online services terms conditions"},"content":{"rendered":"\t\t
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IMPORTANT: By submitting a payment through digilearning.co.uk(or any of its subdomains)\u00a0you are agreeing to these terms and conditions.<\/b><\/span><\/p>

Online Services Terms and Conditions<\/b><\/span><\/p>

1.\u00a0<\/b><\/span>Introduction<\/b><\/span><\/p>

1.1\u00a0\u00a0These terms and conditions\u00a0(\u201cTerms\u201d)\u00a0apply to the provision of business related online self-study programmes or courses\u00a0(\u201cthe Services\u201d)\u00a0by digilearning Foundation]\u00a0( \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d)\u00a0and you, the person or entity purchasing the Services\u00a0( \u201cyou\u201d), are deemed to accept them when you provide your electronic acceptance of these Terms or when you provide payment of the Fee (as defined below), unless we expressly agree in writing otherwise. For the purposes of these Terms, if you are a corporate entity then \u201cyou\u201d shall include your officers, agents and employees and you agree to procure their compliance with these Terms.<\/b><\/span><\/p>

1.2\u00a0These Terms, along with our privacy notice and website terms and conditions, which can be found at<\/b>\u00a0<\/b><\/span><\/a><\/span>digilearning.co.uk<\/b><\/span>(\u201cWebsite\u201d),\u00a0represent the entire agreement between us and apply to the exclusion of any other terms or any previous course of dealing. For the avoidance of doubt these Terms shall take priority over any other documents in the event a conflict arises.<\/b><\/span><\/p>

1.3\u00a0If you access or use any of our free resources whether they are provided directly to you or accessed through our Website, which may include audio files, workbooks, PDFs, introductory or discovery sessions, podcasts or workshops then these Terms will apply to those, except for the clauses relating to payment.<\/b><\/span><\/p>

2.\u00a0<\/b><\/span>The Services<\/b><\/span><\/p>

2.1\u00a0All Services that we offer are intended to provide you with essential teachings, tools, templates and\/or other business-related resources, information and support. Full details and descriptions of all Services is provided on our Website or specific sales page.<\/b><\/span><\/p>

2.2\u00a0Any information, support, materials or guidance provided as part of any Service is intended for a group audience and on this basis, you should not rely upon the information as personal to you, unless we expressly advise otherwise. Any information provided will not constitute legal, medical or financial advice.<\/b><\/span><\/p>

2.3\u00a0All Services are intended to be accessed online and you will require access to Kajabi, or such other online platform as we advise, to fully access the Services. No alternative will be provided. You will be responsible for ensuring you have suitable systems in place to access the Services and we shall not be liable to you in the event you are unable to access any part of the Services.<\/b><\/span><\/p>

2.4\u00a0We shall use reasonable skill and care, consistent with best practice and standards applicable within our industry when delivering the Services to you and shall take all reasonable steps to ensure that access to the Services and any Content (as defined below) is accessible to you at all times, but we shall not be liable where access is temporarily restricted or limited due to routine or unexpected maintenance or an issue arising with a third-party system which is outside of our control.<\/b><\/span><\/p>

2.5\u00a0Should an unforeseen or unexpected event arise which prevents us from providing any access to the Services, then we shall notify you by email. We shall not be liable to you for any failure or delay in the provision of the Services, which is caused by circumstances beyond our reasonable control. In the event such an unforeseen or unexpected event arises which continues for longer than 3 months, then either of us will be entitled to terminate this Agreement by providing the other with 14 days\u2019 notice in writing. This does not affect any other right to terminate as set out within these Terms and any relevant pro-rated refund will be at our discretion.<\/b><\/span><\/p>

2.6\u00a0As part of your access to the Services, you will have access to a private area within Kajabi and be required to set up an account. It shall be your responsibility to provide the correct information to create your account and to keep your password or any other access information private, safe and secure. You are responsible for notifying us should you become aware of, or suspect that a third party is aware of your password or access details.<\/b><\/span><\/p>

2.7\u00a0All Services are provided on an \u2018as-is\u2019 and \u2018as available\u2019 basis. In some circumstances it may be necessary for us to make amendments, revisions or changes to the Services, or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Services still match the original description as detailed on our Website, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to any of the Services.<\/b><\/span><\/p>

3.\u00a0<\/b><\/span>Your Obligations<\/b><\/span><\/p>

3.1\u00a0The clauses below set out how a legally binding agreement is formed between us:<\/b><\/span><\/p>

3.1.1\u00a0you place an order to purchase a Service by completing the online form or by making a payment to us via our Website or on-line payment page;<\/b><\/span><\/p>

3.1.2\u00a0once your order is placed, we may send you an acknowledgment email, but this does not mean your order has been accepted;<\/b><\/span><\/p>

3.1.3\u00a0our acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Services description or price on our Website or other sales materials, where part or all of the Service is no longer available, or where we feel the Service may not be right for you;<\/b><\/span><\/p>

3.1.4\u00a0if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made in connection with your purchase; and<\/b><\/span><\/p>

3.1.5\u00a0if your order is accepted, our legally binding agreement begins when we send your welcome email.<\/b><\/span><\/p>

4.\u00a0<\/b><\/span>Your order and purchase of our Services<\/b><\/span><\/p>

4.1\u00a0When you place an order to purchase any Service, you are confirming that you are over 18, that you are legally capable of entering into a legally binding agreement, are entering into the Service in your capacity as a business and that all information you provide to us is true and accurate.<\/b><\/span><\/p>

4.2\u00a0You accept that your access to any of our Services is personal to you and should not be shared with anyone else.<\/b><\/span><\/p>

4.3\u00a0You agree that when you access any of our Services, including any private areas or groups (whether or not password protected) that you will not take any action which seeks to disable or in any way interfere with any of our systems or processes or which tests or seeks to test the vulnerability of any of our systems or processes.<\/b><\/span><\/p>

4.4\u00a0You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of any of these Terms and\/or your use of or access to any of our Services in any way.<\/b><\/span><\/p>

4.5\u00a0You agree that you will not transfer, or seek to transfer, your rights under these Terms to any other person without our prior written consent.<\/b><\/span><\/p>

5.\u00a0<\/b><\/span>Complaints or concerns<\/b><\/span><\/p>

5.1\u00a0We want you to be entirely happy with your purchase of any of our Services. In the event you do have any complaints or concerns please get in touch and let us know by email to\u00a0<\/b>support@<\/b><\/span><\/a><\/span>digilearning.co.uk<\/b><\/span><\/p>

5.2\u00a0If you experience a fault or other technical issue with any Service please let us know immediately by email to\u00a0<\/b>support@<\/b><\/span><\/a><\/span>digilearning.co.uk<\/b><\/span><\/p>

. We shall use our best efforts to resolve the issue or fault and where we are unable to then you may be entitled to a full or partial refund.<\/b><\/span><\/p>

6.1.\u00a0\u00a0<\/b><\/span>Fees & Charges<\/b><\/span><\/p>

6.1\u00a0The price payable for each particular Service\u00a0(\u201cthe Fee\u201d)\u00a0is as set out on our Website or specific sales page at the time of purchase, along with the applicable payment methods. All Fees are exclusive of VAT and you will be responsible for payment of the VAT in addition to the Fee.<\/b><\/span><\/p>

6.2\u00a0Where you wish to make payment for the Services by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Fee, without further notice to you. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Service then you agree to be responsible for payment of the Fee within 7 days from access to the Service being provided.<\/b><\/span><\/p>

6.3\u00a0If we agree to accept payment of the Fee by instalments then you must pay the instalments in accordance with the instalment plan agreed at the time of purchase. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until we have received payment in full.<\/b><\/span><\/p>

6.4\u00a0The Fee is calculated based upon our knowledge and experience and the time, effort and availability of the Service and is not based on your actual usage. On this basis you agree and acknowledge that:<\/b><\/span><\/p>

6.4.1\u00a0you shall not be entitled to any form of credit to or deduction from the Fee for any lack of usage of your chosen Service on your part: and<\/b><\/span><\/p>

6.4.2\u00a0the Fee is payable in full and non-refundable save for the circumstances set out in the clause below.<\/b><\/span><\/p>

6.5\u00a0Payment of the Fee is non-refundable unless:<\/b><\/span><\/p>

6.5.1\u00a0we cancel delivery of the Service (as set out in clause 7.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received. This does not affect any applicable statutory rights; or<\/b><\/span><\/p>

6.5.2\u00a0clauses 2.5, 3.1.4, 5.2 or 7.3 apply.<\/b><\/span><\/p>

6.6\u00a0In light of our clear refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with any aspect of the Programme then you agree to contact us by email to\u00a0<\/b>support@<\/b><\/span><\/a><\/span>digilearning.co.uk\u00a0<\/b><\/span>and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of these Terms and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of \u00a3100 per hour.<\/b><\/span><\/p>

6.7\u00a0We reserve the right to vary the price of our Services at any time. The price that is shown on our Website or other Social Media Platforms at the time your purchase is made is the price that you will be required to pay.<\/b><\/span><\/p>

7\u00a0<\/b><\/span>Term, Termination and Cancellation<\/b><\/span><\/p>

7.1\u00a0This agreement between us shall begin when we send your welcome email and it shall continue until the earlier of the completion of the Service or it is terminated in accordance with these Terms.<\/b><\/span><\/p>

7.2 You may cancel your access to any purchased Services at any time by providing us with notice in writing by email to \u00a0info@<\/span><\/a><\/span>digilearning.co.uk<\/span>. Please remember that unless the circumstances in clause 6.5 apply, no refunds will be made and you will remain liable for full payment of the Fee despite any notice of cancellation.<\/b><\/span><\/p>

7.3\u00a0We may terminate your access to the Services where we are unable to continue providing the Services for any reason. In such circumstances we will provide you with notice in writing and where we have not already provided full access to the Services or where they have not been fully delivered by us, we will provide you with a pro-rata refund in accordance with clause 6.5.1 above.<\/b><\/span><\/p>

7.4\u00a0We reserve the right to terminate your access to any purchased Service, with immediate effect, by providing written notice in circumstances where you commit a serious or continued breach of your obligations under these Terms.<\/b><\/span><\/p>

7.5\u00a0Upon termination for any reason:<\/b><\/span><\/p>

7.5.1\u00a0subject to clause 8.4 below, your access to the Services and any other online resources will be removed, unless we agree in writing otherwise. We will not be liable to you for any claims relating to the removal of any access;<\/b><\/span><\/p>

7.5.2\u00a0all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect, including but not limited to clauses 4, 7, 8 and 10; and<\/b><\/span><\/p>

7.5.3\u00a0any sum that you owe to us shall become immediately due and payable.<\/b><\/span><\/p>

7.6\u00a0Termination for whatever reason will not affect any rights, remedies, obligations and liabilities which have accrued as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.<\/b><\/span><\/p>

8.\u00a0<\/b><\/span>Intellectual Property and Data Protection<\/b><\/span><\/p>

8.1\u00a0For the purposes of these Terms, Intellectual Property means all worldwide Intellectual Property Rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.<\/b><\/span><\/p>

8.2\u00a0When you purchase our Services, you may be provided with access to materials, tools, videos, resources, documents, workbooks, information, templates, data and other content\u00a0(\u201cContent\u201d). You accept that we are the owner or licensee of all Intellectual Property Rights and any other rights existing in the Content and that the Content can only be used for your personal use in connection with your access to and use of your purchased Service and no Content should be shared, copied, disclosed, reproduced, published or made available to a third party whether or not for commercial reasons without our express consent. Nothing in these Terms operates to transfer ownership of any Intellectual Property Rights in any Content to you and you may not use any of our Intellectual Property Rights including but not limited to our trade marks, business names, domain names and any logos without our prior written consent.<\/b><\/span><\/p>

8.3\u00a0You will be granted a personal, limited, worldwide, non-transferable, non-exclusive, revocable licence\u00a0(\u201cLicence\u201d)\u00a0to access, view and use our Content for your private and personal use in connection with your use and access to your purchased Service and for the purposes the Service is intended for. Your Licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice, where we reasonably believe you are in breach of the terms of the Licence or any provision of these Terms.<\/b><\/span><\/p>

8.4\u00a0Subject to your compliance with clause 8.3, you shall be entitled to access the Service and any Content for the lifetime of the Service. For the purposes of these Terms, lifetime of the Service shall mean the period of time that the particular course or programme that you purchase is available to purchase through our Website and for the avoidance of doubt we shall be at liberty to remove the Service at any time (subject to satisfying any remaining programmes or courses).<\/b><\/span><\/p>

8.5\u00a0Any and all personal data that you may provide to us in connection with your purchase of the Services will be processed, collected, used and held in accordance with recognised data protection laws and legislation including the UK GDPR and the Data Protection Act 2018. We shall only process your personal Information to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow us to complete and deliver the Services and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your personal Information please refer to our privacy notice which can be found at\u00a0<\/b><\/span>\u00a0<\/span>info@<\/span><\/span><\/a><\/span>digilearning.co.uk<\/span><\/span><\/p>

8.6\u00a0Any of our obligations arising under this clause, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.<\/b><\/span><\/p>

9\u00a0<\/b><\/span>No Guarantee<\/b><\/span><\/p>

9.1\u00a0You agree and understand that use of and access to any our Services does not guarantee any particular results or success. During delivery of our Services, we may provide you with access to information, resources and support all designed to benefit you but it remains, at all times, your responsibility to take action and to implement the necessary information received and\/or any skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we are not able to guarantee that you will achieve any particular results or success.<\/b><\/span><\/p>

9.2\u00a0Where we share any testimonials or results experienced by other users of the Services these are not intended to represent or guarantee that you will achieve the same or similar results or experience. Your individual success, results and your experience will depend on many factors, including your background, dedication, desire and motivation which are all outside of our control and on this basis, we make no guarantee, representation or warranty with respect to the Services provided.<\/b><\/span><\/p>

10\u00a0<\/b><\/span>Liability<\/b><\/span><\/p>

10.1\u00a0When you purchase any Service, you acknowledge and agree that:<\/b><\/span><\/p>

10.1.1\u00a0these Terms do not constitute or imply any business relationship other than as set out within; and<\/b><\/span><\/p>

10.1.2\u00a0any information, support and guidance provided will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you; and<\/b><\/span><\/p>

10.1.3\u00a0you have not relied on any statement, promise, warranty or representation made or given by or on our behalf.<\/b><\/span><\/p>

10.2\u00a0Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.<\/b><\/span><\/p>

10.3\u00a0We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:<\/b><\/span><\/p>

10.3.1\u00a0any indirect, consequential or special damages, losses or costs;<\/b><\/span><\/p>

10.3.2\u00a0any loss of profits, business, data, reputation or goodwill or any such anticipated losses;<\/b><\/span><\/p>

10.3.3\u00a0any failure to deliver or provide access to a Service where we are prevented due to a reason beyond our reasonable control; or<\/b><\/span><\/p>

10.3.4\u00a0where we have informed you of a problem with the Service and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide; or<\/b><\/span><\/p>

10.3.5\u00a0any losses arising from your choice or use of any Service once delivered.<\/b><\/span><\/p>

10.4\u00a0We do not warrant or guarantee that your access to any Service will be:<\/b><\/span><\/p>

10.4.1\u00a0accessible via your particular hardware or software;<\/b><\/span><\/p>

10.4.2\u00a0free from interruptions or errors;<\/b><\/span><\/p>

10.4.3\u00a0free from defects; and\/or<\/b><\/span><\/p>

10.4.4\u00a0suitable for your particular business situation or circumstances.<\/b><\/span><\/p>

10.5\u00a0Our entire liability to you shall be limited to the amount of the Fee paid by you at the time any loss is sustained.<\/b><\/span><\/p>

10.6\u00a0During the term of your available access to the Service and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, our contractors or any part of our business or damage our reputation ,or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, our contractors or any part of our business.<\/b><\/span><\/p>

10.7\u00a0In the event a dispute arises in connection with the provision of any Service which we are unable to resolve following our internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action, if necessary.<\/b><\/span><\/p>

11\u00a0<\/b><\/span>Who we are and how to contact us<\/b><\/span><\/p>

11.1\u00a0All Services will be delivered by the Digilearning Foundation. Our registered business address is 62 Cameron Road, Bromley, BR2 9BQ and our registered charity number is\u00a0<\/b><\/span>1186577<\/i><\/span><\/p>

. If you would like to contact us you can email us at\u00a0<\/b>info@<\/b><\/span><\/a><\/span>digilearning.co.uk\u00a0<\/b><\/span>or alternatively you can write to us at the postal address above.<\/b><\/span><\/p>

11.2\u00a0If we need to contact you, we will use the email address you provide at the time you purchase of the Service. If you change your contact email address it will be your responsibility to notify us so that we can update our records.<\/b><\/span><\/p>

11.3\u00a0Where these Terms refer to the provision of notice, this must be provided to us in writing by email to info<\/b>@<\/b><\/span><\/a><\/span>digilearning.co.uk\u00a0<\/b><\/span>or by post using the address above. All emails and post will be deemed served 48 hours after sending.<\/b><\/span><\/p>

12\u00a0<\/b><\/span>General<\/b><\/span><\/p>

12.1\u00a0In the event any provision of these Terms is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.<\/b><\/span><\/p>

12.2\u00a0All titles and headings used within these Terms are for reference purposes only.<\/b><\/span><\/p>

12.3\u00a0We shall be entitled to transfer any of our rights and obligations under these Terms at any time without notice to you.<\/b><\/span><\/p>

12.4\u00a0No failure or delay by either one of us in exercising any of our respective rights under these Terms shall be deemed to be a waiver of that right, and no waiver by either one of us of a breach of any provision of these Terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.<\/b><\/span><\/p>

12.5\u00a0These Terms and any dispute or claim arising out of them (including non-contractual disputes of claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.<\/b><\/span><\/p>

12.6\u00a0Where we deem it necessary to vary or modify these Terms (other than any Fee) then we shall notify you of any changes by email and your continued use of your purchased Service will be deemed as your acceptance of any changes.<\/b><\/span><\/p>

12.7\u00a0The Contracts (Rights of Third Parties) Act 1999 shall not apply.<\/b><\/span><\/p>

Last updated 17th May 2021<\/b><\/span>\u00a0<\/span>info@<\/span><\/span><\/a><\/span>digilearning.co.uk<\/span><\/span><\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

IMPORTANT: By submitting a payment through digilearning.co.uk(or any of its subdomains)\u00a0you are agreeing to these terms and conditions. Online Services Terms and Conditions 1.\u00a0Introduction 1.1\u00a0\u00a0These terms and conditions\u00a0(\u201cTerms\u201d)\u00a0apply to the provision of business related online self-study programmes or courses\u00a0(\u201cthe Services\u201d)\u00a0by digilearning Foundation]\u00a0( \u201cwe\u201d, \u201cus\u201d, \u201cour\u201d)\u00a0and you, the person or entity purchasing the Services\u00a0( \u201cyou\u201d), are deemed to accept them when you provide your electronic acceptance… <\/p>\n

Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-3095","page","type-page","status-publish","hentry","is-cat-link-solid-light is-cat-link-rounded"],"_links":{"self":[{"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/pages\/3095","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/comments?post=3095"}],"version-history":[{"count":8,"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/pages\/3095\/revisions"}],"predecessor-version":[{"id":3103,"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/pages\/3095\/revisions\/3103"}],"wp:attachment":[{"href":"https:\/\/digilearning.co.uk\/safetyonline\/wp-json\/wp\/v2\/media?parent=3095"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}