Online Course Terms & Conditions
This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website virtualityworks.teachable.com (our site) to you. Please read these Terms carefully before ordering any Courses from our site.
You should print a copy of these terms and conditions for your future reference, as we will not be filing a copy, and we may change these Terms from time to time.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
1. INFORMATION ABOUT US
Virtualityworks.teachable.com is a site operated by Susan Weeks ‘trading as’ VirtualityWorks ("we" or “us”). Our address is 7, The Crescent, Hornsea, East Riding Of Yorkshire HU18 1SW United Kingdom and our email address is [email protected].
2. YOUR STATUS
By placing an order through our site, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You will only use a Course for your business use, and you may not sell, publish, or distribute such document or use it in whole or in part to create another document; and
(d) That all information you provide us with is materially true and accurate at all times and not misleading in any way.
3. APPLICATION OF TERMS AND CONDITIONS
3.1. The agreement between us and you, the person or entity ordering a Course from our site (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your order for the Course and shall continue until terminated in accordance with these Terms.
3.2. How the contract is formed between us:
If you are purchasing online, the order process will be as follows:
3.2.1. Add the Course to the cart, select your payment terms (if a choice is available), proceed to the checkout and make payment as directed.
3.2.2 When you place an order, it is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (the Enrolment Receipt) that confirms that you have been enrolled on the course. It provides access to the course, and it is your receipt. The contract between us (Contract) will only be formed when we send you the Enrolment Receipt.
3.2.3 The Contract will relate only to those Courses whose access we have confirmed in the Enrolment Receipt. We will not be obliged to supply any other Courses that may have been part of your order until the access of such Course has been confirmed in a separate Enrolment Receipt.
3.2.4 If at any stage you have made an error in your order, you may email us at [email protected] to correct any errors.
3.2.5 Your order will be fulfilled automatically on your receipt of the Enrolment Receipt, but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the course has not been made available for access. As our systems are automated, we shall not be liable for any delay in the access to any course.
3.4. Any content posted or submitted by you to our site or in our forum or any contribution on group sessions is subject at all times, to the Acceptable Use Policy.
3.5. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
4. COURSE DETAILS
4.1. For the Course(s) that you have purchased from us, this Contract grants you access to the course materials from within the VirtualityWorks School on the Teachable.com course hosting platform at virtualityworks.teachable.com, for the duration of this Contract, and subject to the terms of this Contract.
4.2. We reserve the right to withdraw any Course from the VirtualityWorks School on the Teachable platform. We do not have to give any reasons for doing so, BUT we will provide you with 30 days notification via email, of our intention to withdraw the Course.
4.3. As a Course purchaser you are invited to participate in optional regular online group ‘Q&A’ discussion sessions, delivered using Zoom online video conference platform.
4.4. The date and time of all such sessions are as set out within our forum (known as the Course Club Room and hosted on the Mighty Networks platform) but are subject to change. We will provide you with as much notice of any change as is possible, but we shall not be liable to you in any way for any change to such dates or times. Please check the Course Club Room regularly for updates on changes to dates and times.
4.5. The online course content is held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the life of the course but in the event that such content (or any content added by you or other course participants) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
4.6. You agree to always keep your user details and your password for the site confidential and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
5. PRICE AND PAYMENT
5.1. The total price payable for the Course is as set out in the ‘course sales page’ and ‘course checkout page’ on our site, except in cases of obvious error.
5.2. You may choose to pay by equal instalments as offered in the course sales page and course checkout page, or in one lump sum, and the total price payable shall depend upon which option you have chosen and shall be as set out in those course sales and checkout pages.
5.3. If you choose to pay in instalments, a deposit of the amount of the first instalment is payable when you make your course order. You will then be charged for each remaining instalment for the amount set out on the course sales and checkout pages on the same date as the date of order for each subsequent calendar month until the total price payable has been paid. For the avoidance of doubt, even if you do not continue to participate in the Course, such instalments remain payable.
5.4. If you are paying instalments online through Stripe, PayPal, or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.
5.5. Payment is to be made by any method that is detailed on our site from time to time.
5.6. Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the base rate of Barclays Bank PLC from time to time in force and/or (ii) suspend the availability of the Course until such time as payment is made or the Contract is terminated.
5.7. The total price payable as set out on the course checkout page is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
5.8. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Enrolment Receipt.
5.9. You shall be responsible for all expenses incurred by you in connection with your participation in the Course.
5.10. All payments are non-refundable other than as set out in paragraph [6.5 and 8.2] below.
6. OUR OBLIGATIONS
6.1. We warrant to you that the Course and Course materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Course is supplied.
6.2. Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of online learning and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
6.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
6.4. You acknowledge that in participating in the Course you may have access to other Course participants confidential information, and you agree not to use or disclose to any third party such confidential information. This restriction does not apply to:
(a) any use or disclosure authorised by the participant or required by law;
(b) any use or disclosure which you consider necessary or advisable to prevent illegal acts or harm to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
6.5. You are buying this course as a business (not as a consumer) and therefore have no right of cancellation or refund. However, we prefer to offer a Guarantee to the purchasers of our Courses, as set out in Paragraph 8.2
6.6. You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Course to you in accordance with our Privacy Notice that you can view at https://virtualityworks.teachable.com/p/privacy.
7. TITLE AND INTELLECTUAL PROPERTY
7.1. We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Course and all content within the Course and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Course or the content of the Course to you or to any other person.
7.2. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Course.
7.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Course for the purposes for which the Course was provided only.
7.4. Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
7.5. You may not without our prior written consent make any audio or visual recordings of any part of our Course.
7.6. We may from time to time record the Course being delivered during your attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
7.7. You acknowledge that certain information contained in the Course and Course materials is already in the public domain.
7.8. You are not permitted to sell or promote products or services to other participants in the Course at or during any part of our Course without our prior written permission.
7.9. The provisions of this paragraph 7 shall survive termination of the Contract.
8. TERM AND TERMINATION
8.1. The Contract shall continue until the Course is withdrawn, when the Contract shall expire other than for the Terms that are specifically stated to remain in force. [For the avoidance of doubt, the license granted in paragraph 7.3 shall terminate automatically on termination or expiry of the Contract.]
8.2. REFUND POLICY
All courses purchased on our site can be refunded within 30 days from the date of purchase, provided the request meets the following refund requirements.
8.2.1 you must make your refund request in writing either via the 'School' Contact Form or via email to [email protected]
8.2.2 you must clearly state that you want to request a refund and give your reason for your refund request.
8.2.3 we will review your refund request, and review your course completion progress, levels of participation, & contribution.
8.2.4 if we agree (acting reasonably) we may provide you with a full refund of the amount paid by you, up to that date, for the course.
8.2.5 we reserve the right, in our sole discretion, to refund a proportion of the amount paid by you up to that date, in proportion to the amount of the course you have consumed.
8.2.6. we reserve the right, in our sole discretion, to limit or deny refund requests in cases where we believe there is 'refund abuse', including but not limited to the following:
a. A significant portion of the course has been consumed or downloaded by you before the refund was requested.
b. Multiple refunds have been requested by you for the same course.
c. Excessive refunds have been requested by you.
8.2.7 We will usually refund any refund amount due to you, using the same method originally used by you to pay for your Course. We will email your confirmation when your refund is made. Please note that it may typically take 7 – 10 days for a credit or debit card refund to appear in your account, and this is outside of our control.
8.2.8 For the avoidance of doubt, when a refund is made to you, this contract will terminate, other than for the Terms that are specifically stated to remain in force.
8.3. Notwithstanding the provisions of paragraph 8.1 or 8.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
8.3.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
8.3.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made, or an administrator or receiver is appointed in relation to such party; or
8.3.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
8.4. We may terminate the Contract without any liability to make any refund to you if your continued participation in the Course is in our opinion causing disruption to the running of the Course or to other participants.
8.5. Where you have chosen payment by instalments, it is your responsibility to terminate these payments following termination of the Contract.
8.6. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
8.7. Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
8.8. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
8.9. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
8.10. This paragraph 8 shall survive termination of the Contract.
8.11. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
9.1. Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Course.
9.3. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Course.
9.4. Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
9.5. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Course), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
9.6. We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Course, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.
9.7. The provisions of this paragraph 9 shall survive termination of the Contract.
9.8. You acknowledge and agree that:
9.8.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Course (which shall be deemed to have been terminated by mutual consent);
9.8.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Course other than as expressly set out in the Contract.
10.1. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site, or forum. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.2. We may vary these Terms (other than the price payable by you for the Course) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Course will be deemed to be your acceptance of any new Terms. [Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this, we will refund to you a pro rata amount of any sums paid by you for the Course.]
10.3. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
10.4. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10.5. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
10.6. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
10.7. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.8. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
10.9. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
10.10. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
10.11. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.