TERMS AND CONDITIONS
1.1. Courses: The Life Skills Network(“LSN”) is a researcher originator and producer of a set of training courses for Life Skills Education for all sections of the community and related materials and products (“Courses”). 1.2. Course Details: Details of the Courses available from LSN are set out on the Website www.lifeskillsnetwork.org.uk, as defined below.
1.3. Terms apply to all Courses: The following terms and conditions (‘these Terms’) shall be incorporated into all agreements for the provision of Courses, including agreements which constitute ‘distance contracts’ (a ‘Distance Contract’) under the Consumer Protection (Distance Selling) Regulations 2000.
2.1. Definitions: In these Terms, the following expressions shall have the meanings set against them unless the context is inconsistent therewith:
(a) “Course Materials” means any documentation, articles, web pages, online modules or consulting project materials provided as part of a Course;
(b) “LSN” is a trading name of the Life Skills Network, which is a division of Gillban Ltd, whose registered office is at Meon House, Stratford Road, Mickleton, Chipping Campden, Glos GL55 6SU).
(c) “On-Line Courses” means Courses delivered via the Web;
(d) ‘You’ means any person who uses the Website or whose order for Courses is accepted by the LSN.
(e) “Website” refers to www.lifeskillsnetwork.org.uk or any other website controlled by the Life Skills Network.
2.2. Delivery: “Delivery” means when access to Online Course modules has been granted.
3 YOUR ACCEPTANCE OF THESE TERMS
3.1. Acceptance: By agreeing to be supplied with the Courses, you agree to be legally bound by these Terms, and that your use of the Website and the Courses will be on these Terms alone.
3.2. Amendment: The Life Skills Network reserves the right to change these Terms from time to time. You are responsible for regularly reviewing these Terms and any amended terms posted on the Website or otherwise notified to you. Your continued use of the Website and/or the Courses constitutes your agreement to these Terms as amended.
LSN will be bound by any amendment to these Terms only to the extent that such amendments have been approved in writing by a Director or the Company Secretary of LSN.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. Ownership: LSN or its licensors own all title, copyright and all other intellectual property rights (including without limitation, database rights, trade marks, patents, and designs (whether registered or unregistered) in and to all Course Materials. You acknowledge that you do not own and shall not acquire any title, copyright or any other intellectual property rights in and to the Website and/or the Courses or any Course Materials and you shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law.
4.2. Limited Licence: Except as otherwise expressly stated on the Website or in the Course Materials, the Courses, and the Course Materials are supplied for your private information and educational use. Any commercial use, copying, distribution, transmission or publication of the whole or any part of the Course Materials and/or the Website is strictly prohibited without the express prior written consent of LSN.
4.3. Software: Your use of any content or software in connection with the Courses is governed by the terms of the end user licence agreement (if any) which accompanies or is included with such content and/or software. You may not install or use any content or software that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. You agree that the licensor of any software obtained via us and used by you in connection with the Courses shall have the right (in terms of the Contracts (Rights of Third Parties) Act 1999) to enforce the terms of that licence directly against you. For any content or software not accompanied by a licence agreement, LSN hereby grants to you a revocable personal non-transferable licence to use the content or software for viewing and otherwise in accordance with these Terms.
5.1. Price List & Changes: Except as otherwise expressly agreed by LSN in writing, the price of each Course shall be the price listed in LSN’s published website current at the date of purchase (subject to any volume discounts agreed to beforehand). The price of each Course is subject to change at any time at LSN’s sole discretion prior to the date of purchase. You must check the Website or other published price list for the current prices before ordering any Courses, or contact the LSN directly for verification.
5.2. Quotations: Quotations for Tailored Courses are given on the basis of reasonable assumptions about costs. Notwithstanding any quotation, LSN may increase the invoiced price of Tailored Courses in proportion to the difference between assumed costs and the actual costs (whether direct or indirect) incurred by LSN in the development, production or supply of the Tailored Courses up to the date on which they are presented or delivered. All quotations for the supply of Tailored Courses shall be valid for thirty (30) days from the date of the quotation by LSN. LSN reserves the right to alter prices after this date without giving prior notification.
5.3. Expenses: These apply to tailored e-learning courses, and not to standard published courses.
The following expenses (if incurred) shall be charged to you as separate items, unless otherwise indicated in our quotation or agreement:
(a) production of Course Materials;
(b) cost of carriage of goods to support Tailored Courses and all Tailored Course Materials;
(c) any additional costs such as the hiring of equipment, the venue, or the cost of any extra consultancy and/or training time;
(d) any other additional costs (e.g. consultant travel costs, accommodation etc.);
(e) any additional material written for you in connection with your use of the tailored course;
(f) any additional programming or tailoring of any website, branding, the creation of chat room facilities, forums, or other special features;
(g) costs of administering website users;
(h) annual website and other maintenance and update charges.
5.4. Taxes: All prices shall be subject to the addition of Value Added Tax (where applicable) or any other tax payable
6.1. Time of Payment: Payment for all Courses shall be made prior to any log-in details being sent to you.
6.2. Method of Payment: Payment for all Courses shall be made in pounds sterling (or such other currency as agreed between You and LSN) by credit or debit card or such other method as may be specified by LSN (this is for retail purchases).
Global corporate purchases will be invoiced, if so requested.
6.3. Security: For payment with Credit Card, LSN uses all reasonable efforts to safeguard the confidentiality of your credit or debit card details such as encryption technology and firewalls. However, “perfect” security does not exist on the Internet. Your credit card number and contact information will be provided to Paypal Merchant Services or the relevant credit card company from time to time (“the Credit Card Company”). The Credit Card Company has its own privacy and data collection practices and LSN has no responsibility or liability for these independent practices. This does not apply for Corporate Purchases being invoiced.
7. ACCEPTANCE & CANCELLATION OF ORDERS FOR RETAIL/INTERNET PURCHASES ONLY
7.1. Offer and Acceptance: Neither the Website nor the LSN price lists constitute legally binding offers: LSN is under no obligation to accept your order for an On-Line Course or any other Course. Acceptance of your order shall take place only when LSN dispatches its acceptance of your order to you.
7.2 Limit on Cancellation Right: Except as otherwise agreed between you and LSN e-Learning, and in accordance with Regulation 13, you will not be able to cancel the contract once Delivery of the services has begun.
8. CANCELLATION PROCEDURE
8.1 Notice of Cancellation: Notice of cancellation of any Course must be given in accordance with Clause 18.
8.2. For Online Learning Subscriptions: LSN require written notification sixteen weeks prior to the renewal date for yearly subscription contracts and eight weeks notification prior to any other length of contract if you do not wish to renew your subscription contract, otherwise the contract will automatically roll over with a 10% increase on sale price on a continuous basis. For contracts and access periods of less than an eight week period, the notification period is four weeks.
8.3 Trade Marks: The display of any trade names or trademarks on the Website or in any of the Course Materials does not imply that any license has been granted to any third party in respect of the same. All other product or company names, devices, logos, icons, graphics or designs referred to on the pages of the Website or in any of the Course Materials are the trade marks of the respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners.
8.4 LSN intends no infringement of such trademarks. The appearance or absence of products, services, companies, organizations, home pages or other websites on the Website or any of the Course Materials does not imply any endorsement or non-endorsement thereof by LSN.
8.5 Search Programs: The deployment within the Website of any spider, robot, web crawler or other automated query program is forbidden except as may be necessary to identify the existence and general nature of the Website for ordinary internet search engine purposes.
8.6. Reservation of Rights: All rights not expressly granted to you under these Terms are reserved to LSN.
8.7. LSN retains copyright on all authored material, unless otherwise agreed.
9 USE OF THE LSN WEBSITE AND COURSES
9.1. Computer System: You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Courses is compatible with the Courses and is capable of running the Course content. You must not attempt to interfere in any way with the proper working of the Courses and in particular you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
9.2. Course Changes: LSN reserves the absolute right to update, alter, suspend or discontinue any aspect of the Courses and/or the Website including your use of and/or access to it.
9.3 User registration
Registration: In order to access and use the Website and/or the Courses, you are required to complete the applicable registration form (“the Registration Form”) and to submit the same to LSN. The information requested to be provided on the Registration Form must be current, complete and accurate. Registration is subject to acceptance or refusal by LSN at its sole discretion.
By registering you warrant and represent that you can form binding contracts under applicable law.
9.4. Passwords: You are solely responsible in all respects for protecting the confidentiality of any password given to you or selected by you for access to or use of the Courses. Your password may only be used by you personally and you must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify LSN immediately of any unauthorised use of your password or any other breach of security regarding the Website and/or the Courses which comes to your attention. LSN will not be liable for any loss that you may incur as a result of a third party using your password or account. However, you may be liable for losses incurred by LSN as a result of someone else using your password or account.
10.1. You agree to indemnify LSN in respect of any costs, claims, demands, losses or liabilities (including reasonable legal fees) incurred by LSN as a result of or arising in any way from a claim by a third party which results from any breach by you of the provisions contained in these Terms.
11 WARRANTIES & SERVICE EXCLUSIONS
11.1. Warranties: LSN warrants that the Courses and the Website shall be provided with reasonable skill and care by qualified and experienced consultants, and that the Course Materials will be of satisfactory quality. If you place an order for Courses having been given the opportunity to examine sample Course Materials, LSN shall be under no liability with regard to the Course Materials as supplied unless such Course Materials are non-compliant with the sample
11.2. Up-time & Links: LSN will endeavour to make the Website and the Courses available but cannot guarantee that the Website and/or the Courses will operate continuously or without interruptions which could affect use of the Website and/or the Courses. The Courses and/or the Website may provide links to other websites, which are not under the control of LSN. LSN shall not be responsible in any way for the content of any such other websites. You acknowledge that LSN provides such links only as a convenience. The inclusion of any link does not imply any kind of endorsement by LSN.
11.3. Changes to Courses: LSN reserves the right to alter or cancel any Course or location prior to Delivery of that Course.
11.4. Service Exclusions: The Courses are provided for general information and illustrative purposes only and do not constitute financial, legal or other professional advice. Neither LSN nor any other LSN entity accepts any responsibility or liability for any loss which may arise from reliance on information contained in the Courses.
11.5. Limited Warranties: The above warranties are LSN’s only warranties and no other warranty or condition, express or implied, will apply to the supply of the Courses, the Course Materials, or any other matter covered by these Terms. No warranty is given that the Course Materials will be fit for any particular purpose. Your statutory rights as a consumer (if any) are not affected by these Terms.
12 LIMITATION OF LIABILITY
Subject to Clause 15.1, LSN shall not be liable to you or any third party for any loss of, damage to or costs in respect of:
(a) Loss of profit, anticipated profits, revenues or anticipated savings, goodwill or business opportunity, or;
(b) Loss of data, or;
(c) Indirect or consequential loss or damage ;
whether the circumstances arising from a) b) or c) above are foreseen or were foreseeable.
12.1. Total Liability: Subject to condition 15.1, the maximum liability of LSN arising out of or in connection with any agreement made pursuant to these Terms or any collateral contract, whether in contract, tort (in each case including negligence) or otherwise shall in no circumstances exceed either £500 or the sum paid by you to LSN, whichever is the lower.
12.2. Force Majeure: Neither party shall be liable to the other for any failure or delay in the performance of its obligations under these Terms caused by circumstances beyond that party’s reasonable control.
13 TERMINATION & ACCESS RESTRICTION
13.1. LSN shall have the right, at any time by serving written notice on you (which notice may be served by the sending from our server of an e-mail to the e-mail address set out on the Registration Form), to cancel your registration and access to the Courses if you are in breach of any material term of these Terms. LSN reserves the right, in its sole discretion, to suspend your access to the Courses at any time without notice.
14.1. Separation of Provisions: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of the Terms shall continue in full force and effect.
14.2. Third Parties: For the purposes of the Contracts (Rights of Third Parties) Act 1999:
14.3 LSN’s employees, sub-contractors and suppliers shall have the benefit of Clause 9 (Intellectual Property) in relation to their own intellectual property, and Clauses 14 (Warranties and Service Exclusions), 13 (Indemnity) and 15 (Limitation of Liability)
Apart from that, these Terms are not intended to, and do not, give any person who is not a party to them any right to enforce any of their provisions.
14.4. Communications: All correspondence with the lecturers, trainers, consultants, authors or anyone else providing training or Course Material on behalf of LSN must go through LSN.
14.5 Assignment: The benefits and obligations conferred by these Terms upon you are personal to you and shall not be assigned, delegated, transferred, sub-contracted or encumbered or otherwise made available or disposed of without the express prior written consent of LSN.
15. Non-solicitation, engagement and employment
From acceptance of Your order for a restricted period of eighteen months thereafter, You will not (without the prior written consent of LSN) attempt to solicit or entice away from LSN or engage or employ, or procure the engagement or employment of, any person who at the date of Delivery of the Course, to your knowledge, is (or has agreed to be):
(a) an employee or consultant of LSN; or
(b) a customer, supplier, licensor, licensee or collaborative partner of LSN
16.1. Address for Notices: Notices to LSN should be sent to firstname.lastname@example.org or by post to the following address:
The Life Skills Network, Meon House, Stratford Road, Mickleton, Chipping Campden, Glos, GL55 6SU
16.2. Form of Notices and Time of Receipt:
Notices to you may be sent to you either by e-mail or to the postal address set out on the Registration Form. Notice will be deemed received twenty-four (24) hours after e-mail is sent or three (3) days after the date of posting
17 LAW, DISPUTES AND JURISDICTION
These Terms (and all disputes, whether contractual or otherwise, arising out of or in connection with them) are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the Courts of England and Wales to which jurisdiction the parties hereby irrevocably submit.