Online Course Terms and Conditions
This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website https://courses.embroiderersguild.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.
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
https://courses.embroiderersguild.com is a site operated by The Embroiderers’ Guild ("we" or “us”). Our address is c/o Discover Bucks Museum, Church Street, Aylesbury, HP20 2QP 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.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 When you purchase through our site, the order process will be as follows:
3.1.1 Add the Course to the cart, select your payment terms (if a choice is available) proceed to the checkout and make payment as directed.
3.1.2 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 email (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.
3.1.3 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 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.
3.3 If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:
(a) you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at [email protected] or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
(b) notwithstanding paragraph 3.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 3.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
(c) in relation to the provision of any additional services under this Contract:
(i) you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
(ii) if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
If you are not purchasing as a consumer, the above provisions paragraph 3.3 shall not apply.
3.5 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.
4. COURSE DETAILS
4.1 For the Course(es) that you have purchased from us, this Contract grants you access to the course materials from within the Embroiderers Guild ‘School’ on the Teachable.com course hosting platform at https://courses.embroiderersguild.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 Embroiderers Guild 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 online group ‘Q&A’ discussion sessions, delivered using Zoom online video conference platform. These are offered as a Bonus, are not part of the purchased course, and we reserve the right to change, cancel or withdraw these bonus sessions.
4.4 The date & time of all such sessions are as set out within our Forum (known as the xxxxxxxxxxxxxx and hosted on xxxxxxxxxxx) 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 xxxxxxx regularly for updates on changes to dates & 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 unauthorised 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 unauthorised use of your account.
5. 1 Your order will be fulfilled automatically on your receipt of the Enrolment Receipt, but if 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.
5.2 Any digital materials included as part of the course require the following hardware and software and other functional requirements to be fully used:
You will need access to the internet and a device to access it. For the best user experience, it is advisable to use a computer or laptop computer. You can access your course on a mobile device, such as smart phone or tablet, but you may find it a better user experience with a computer or laptop.
6. TITLE AND INTELLECTUAL PROPERTY
6.1 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.
6.2 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.
6.3 We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6.4 You may not without our prior written consent make any audio or visual recordings of any part of the course. Use of our logo is strictly prohibited without our prior written consent.
6.5 The materials we deliver as part of the course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the course.
6.6 We will endeavour to ensure that all information that we provide within the course 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.
6.7 You acknowledge that certain information contained in the Course and Course materials is already in the public domain.
6.8 The provisions of this paragraph 6 shall survive termination of the Contract.
7. PRICE AND PAYMENT
7.1 The total price payable for any Course will be as set out in the ‘course checkout page’ on our site, except in cases of obvious error.
7.2 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.
7.3 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.
7.4 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. If such an instalment payment transaction fails (for example but not limited to, lack of funds or outdated card details) we reserve the right to suspend the availability of the course until such time as payment is made, or the Contract is terminated.
7.5 If you are purchasing the Course as a UK-based consumer the total price payable as set out on the course checkout page is inclusive of VAT. Otherwise, the total price payable as set out on the course checkout page is exclusive of VAT, or any other applicable taxes and duties, which shall be added at the applicable rate where necessary.
7.6 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.
7.7 Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.
7.8 You shall be responsible for all expenses incurred by you in connection with your participation in the Course.
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 licence granted in paragraph 6.1 shall terminate automatically on termination or expiry of the Contract.
9.1 As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion, as per the refund policy in paragraph 9.2.
9.2 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.
9.2.1 you must make your refund request in writing either via the ‘School’ Contact Form or via email to [email protected]
9.2.2 you must clearly state that you want to request a refund and give your reason for your refund request
9.2.3 we will review your refund request, and review your course completion progress, levels of participation and contribution.
9.2.4 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.
9.2.5 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.
9.2.6 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:
i. A significant portion of the course has been consumed or downloaded by you before the refund was requested.
ii. Multiple refunds have been requested by you for the same course.
iii. Excessive refunds have been requested by you.
9.2.7 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 to 10 days for a credit or debit card refund to appear in your account, and this is outside of our control.
9.2.8 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.
10. OUR LIABILITY
10.1 Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.
10.2 Nothing in these terms attempt to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
10.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.
10.4 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.
11. WRITTEN COMMUNICATIONS
You agree that our communication with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree 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.
All notices given by you to us must be given to The Board Of Trustees of The Embroiderers’ Guild at c/o Discover Bucks Museum, Church Street, Aylesbury, HP20 2QP. We may give notice to you at the e-mail address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 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.
14. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract 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.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Enrolment Receipt (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).
19. LAW AND JURISDICTION
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
MODEL CANCELLATION FORM
To The Embroiderers’ Guild,
c/o Discover Bucks Museum, Church Street, Aylesbury, HP20 2QP
PLEASE NOTE THIS FORM ONLY APPLIES IF YOU ARE PURCHASING A COURSE IN YOUR CAPACITY AS A CONSUMER
I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:
Ordered on ………………………………………………………………………………………………………
Name of consumer ………………………………………………………………………………………………………
Address of consumer ………………………………………………………………………………………………………
Signature of consumer ………………………………………………………………………………………………………
[* delete as appropriate]