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Jayne Packham Consultancy Limited

ONLINE ELEARNING COURSE TERMS OF BUSINESS (updated 2 November 2021)

This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website www.jaynepackham.co.uk or https://jaynepackham.learnupon.com/store (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

Our sites are operated by Jayne Packham Consultancy Limited ("we" or “us”).

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; and

c) You will only use a Course for your business use and you may not sell, publish or distribute such materials or use it in whole or in part to create another material.

2. How the contract is formed between you and us

2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order 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 that confirms that the Course is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation. 

2.2 The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation.  We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

2.3 Access to Courses is solely for the registered person and are non-transferable.

2.4 You agree to keep user details and your password for the site confidential at all times 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 that arises from any unauthorized use of your account.

3. Availability

3.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact jayne@jaynepackham.co.uk to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.

3.2 The internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We cannot guarantee availability at all times and we reserve the right to restrict access to parts or all of the site without notice.

3.3 The online Course materials are 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 Course but in the event that such content 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.

3.4 The materials we deliver as part of your 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.

4. Title and Intellectual Property

4.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

4.2 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.

4.3 We do not grant you any other rights in relation to the materials and all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, sell, distribute (for payment or otherwise), redistribute, disclose, broadcast, rebroadcast, or show or play in public any or all of the materials (in any form or media) without our prior written permission.

4.4 You may not without our prior written consent make any audio or visual recordings of any part of the Course.

4.5 We take the protection of our copyright very seriously. If we discover that you have breached the terms of the above licence, we may bring legal proceedings against you and seek monetary damages and/or an injunction to stop you using the materials. You could also be ordered to pay our legal costs.

5. Price and payment

5.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error. 

5.2 These prices include VAT except where expressly stated otherwise.

5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

5.4 Payment for all Courses must be by such method of payment as is specified on our website.

6. Refunds

6.1 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.

6.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

7. Our liability

7.1 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.

7.2 If, for any reason, we are liable for any damages, other than those 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), our total liability shall be limited to the amount of the Course purchased.

7.3 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:

loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of data, or 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, except in relation to 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).

8.EVENTS OUTSIDE OUR CONTROL

We shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond our reasonable control.

9. 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.

10. Notices

All notices given by you to us must be given to Jayne Packham Consultancy Limited at Romer Farm, Burston, Stafford, ST18 0DT, UK. 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.

11. Transfer of rights and obligations

11.1 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. 

11.2 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.

12. Waiver

12.1 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.

12.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

12.3 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.

13. Severability

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.

14. Entire agreement

14.1 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.

14.2 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.

14.3 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.

15. Our right to vary these terms and conditions

15.1 We have the right to revise and amend these terms and conditions from time to time. 

15.2 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 Download Confirmation (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).

16. 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.