Terms and Conditions

Please read these Terms carefully, and make sure that You understand them, before making any order on Our Site for the Course. Please note that before making an order for the Course You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to access the Course or Content from Our Site.

You should print a copy of these Terms or save them to Your computer or other device for future reference.

1. DEFINITIONS

   Agreement: the applicable online order form on Our Site, these Terms and any other policies or terms of use set out on Our Site including, but not limited, to Our website terms of use, cookie policy and privacy policy.

   Confidential Information: information (in whatever format) that a reasonable businessman would consider to be proprietary or confidential in nature and/or is either described as such and/or is identified as Confidential Information in clause 6.

   Content: all content delivered or made available to You as part of the Course including, but not limited to, all materials and information made available through Our Site, and all other course learning materials, workshop materials, white papers, press releases, data sheets, product descriptions, brochures, frequently asked questions and answers, videos and webinars, instructions, tutorials, hand-out materials, document templates, files, presentation slides, software, and all other related information, documents and materials, in each case, supplied in any medium whatsoever.

   Course: the certified virtual currency risks training programme, as more particularly described on Our Site.

   Course Fee: the fee for the Course (exclusive of Value Added Tax) specified on Our Site during the checkout process.

   Course Period: the period of time starting on the date the Course commences and the Content is made available to You and ending on the earlier of: (i) Your completion of the Course (as decided by Us); (ii) the termination of this Agreement in accordance with these Terms; or (iii) 120 days from the commencement of the Course.

   Our Site: www.greatchatwellacademy.com

   Terms: the terms and conditions set out herein.

   Us, We, or Our: Great Chatwell Academy of Learning Limited, trading as Great Chatwell Academy of Learning, a company registered under the laws of England and Wales with company number 10847884 and whose registered office address is at 75 Aston Road, Shifnal, Shropshire TF11 8DU.

   writing: includes email.

   You or Your: the party entering into this Agreement with Us by accepting these Terms through Our Site.

2. HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US

   1. This Agreement (and any document expressly referred to in it) constitutes the entire agreement between You and Us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
   2. You acknowledge and agree that:
      1. (a) in entering into this Agreement You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement;
      2. (b) the information contained on Our Site in relation to the Course is provided for illustrative purposes only; and
      3. (c) We have not had the opportunity to make an individual assessment as to Your ability to successfully undertake and complete the Course and to achieve the outcomes and objectives envisaged by the same.
   3. You and We agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Agreement.
   4. Our Site will guide You through the steps that You need to take to order to subscribe for the Course and access the Content. Our order process allows You to check and amend any errors before submitting Your request to Us. Please take the time to read and check Your request for the Course at each stage of the order process.
   5. Our acceptance of Your request for the Course will take place when We confirm such acceptance to You by providing you with access to the content.

3. THE COURSE FEE AND REFUNDS

   1. In exchange for the delivery of the Course, You agree to pay Us the Course Fee.
   2. You can pay the Course Fee using the “Stripe” payment platform on Our Site. Once We begin to deliver the Course and the Content has been made available to You, payment of the Course Fee will not be refundable (unless We otherwise agree).

4. LICENCE FOR USE OF CONTENT AND YOUR OBLIGATIONS

   1. The licence provided by Us to You under this clause 4 commences at the start of the Course Period and terminates at the end of the Course Period.
   2. You shall only use the Content for the purposes of undertaking and completing the Course, and We provide You with a non-exclusive, non-transferrable, revocable licence to use the Content exclusively for these purposes on these Terms.
   3. You shall comply with Our reasonable instructions in relation to this Agreement and its subject matter.
   4. You shall not:
      1. (a) distribute, communicate or otherwise make available the Content to any third party without Our prior written consent;
      2. (b) record, scan (through the use of screen grab software or otherwise), capture, download, stow or otherwise copy or retain any Content without Our prior express written consent;
      3. (c) attempt to duplicate, reproduce, modify, disclose, upload, transmit, display, distribute or in any other way exploit the Content or any portion of it in breach of these Terms; or
      4. (d) attempt to obtain, or assist others in obtaining, access to the Course or the Content, other than as provided under this Agreement.
   5. You acknowledge and accept that:
      1. (a) the Content is proprietary to Us;
      2. (b) the provision of the Content by Us to You shall not confer on You any intellectual property or other rights in relation to the Content (other than the licence provided under clause 4.2) including, but not limited to, rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Content;
      3. (c) You are prohibited from making use of the Content for any purposes other than undertaking and completing the Course both during and after termination of this Agreement; and
      4. (d) You are solely responsible for the appropriate use, professional consideration and adaption of the skills and knowledge You achieve by undertaking and completing the Course.
   6. Subject to clause 5, You will defend, indemnify and continue to hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with Your misuse of the Content, provided that:
      1. (a) You are given prompt notice of any such claim;
      2. (b) We provide reasonable co-operation to You in the defence and settlement of such claim, at Your expense; and
      3. (c) You are given sole authority to defend or settle the claim.
   7. You agree that You will maintain adequate and appropriate liability insurance in relation to any services You provide to Your own customers and clients after undertaking the Course.
   8. You are responsible for configuring, maintaining and updating Your information technology hardware and software, telecommunications equipment, internet service, computer or other device programmes and platform (including browsers) in order that it is sufficient and compatible to access the Course and the Content. Notwithstanding clause 5.3, You agree to use Your own virus protection software.

5. OUR OBLIGATIONS

   1. We will deliver the Course to You with reasonable skill and care.
   2. We will use Our best endeavours to ensure that the Course is provided continuously and that Your access to Our Site and the Content is not interrupted by any event within Our control. We will use reasonable endeavours to notify You in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.
   3. We will take reasonable steps to ensure that the Content and any data contained therein which We supply to You as part of the Course are virus-free.

6. CONFIDENTIALITY

   1. Each party may be given access to Confidential Information from the other party in order to perform its obligations and enjoy its rights under this Agreement. A party’s Confidential Information shall not be deemed to include information that:
      1. (a) is or becomes publicly known other than through any act or omission of the receiving party;
      2. (b) was in the other party’s lawful possession before the disclosure;
      3. (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
      4. (d) is independently developed by the receiving party, which independent development can be shown by written evidence; or
      5. (e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
   2. Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.
   3. Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.
   4. This clause shall survive termination of this Agreement, however arising.

7. DISCLAIMER

   1. We give You no warranties or assurances in respect of Our Site, the Course or the Content, except as set out in clause 5 above. We declare and You acknowledge and agree that all implied warranties and conditions are excluded to the maximum extent permitted by law.
   2. Our policy is to conduct Our business at all times in a professional manner and to best practice standards. We use Our reasonable endeavours to ensure that the Course and Content remains up to date and to develop the same to meet Our clients’ needs. However, You should note in particular:
      1. (a) the Course is not intended to constitute a definitive or complete instruction of the best practice standards in respect of the risks associated with virtual currencies;
      2. (b) We are a provider of theoretical and practical know-how and resources pertaining to the risks associated with virtual currencies within the financial services industry. The Course is designed for use by, and to complement the existing knowledge of, experienced professionals who have a base understanding of these matters. We do not accept any responsibility for Your actions, omissions or negligence in respect of the services which You provide to Your own employer or customers and clients;
      3. (c) the Course is general and educational in nature, may not reflect all recent industry developments and may not apply to the specific circumstances of individual professionals;
      4. (d) We give You no warranty or assurance that the Course or Content and Our means of delivering the same is compatible with Your software or computer or other device configuration;
      5. (e) We may change part or all of the Course or Content at any time at Our discretion; and
      6. (f) nothing in this Agreement shall be deemed to constitute a representation, guarantee or promise that a particular result will be produced or achieved due to You undertaking and completing the Course

8. LIABILITY

   1. This clause sets out Our entire financial liability (including any liability for the acts or omissions of Our employees, agents, contributors, consultants and sub-contractors) to You in respect of:
      1. (a) any breach of this Agreement;
      2. (b) You undertaking and completing the Course;
      3. (c) any use made by You of the Content or any part of the same; and
      4. (d) any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.
   2. Except as expressly and specifically provided in this Agreement and particularly clause 5.1:
      1. (a) You assume sole responsibility, and We shall have no liability, for results achieved by You in undertaking and completing the Course, and for conclusions drawn from the Content; and
      2. (b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
   3. Nothing in this Agreement excludes or limits Our liability:
      1. (a) for death or personal injury caused by Our negligence; or
      2. (b) for fraud or fraudulent misrepresentation.
   4. Subject to clause 8.3 above:
      1. (a) We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
      2. (b) Our total aggregate 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 this Agreement shall be limited to the Course Fee. You acknowledge and accept that this limitation of Our liability is reasonable.
   5. We shall have no liability to You under this Agreement if We are prevented from or delayed in performing Our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond Our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

9. TERMINATION

   1. This Agreement will terminate automatically without notice at the end of the Course Period.
   2. Either party may terminate this Agreement with immediate effect by notice in writing if You or We are in material breach of any of its terms where such breach is irremediable or (if such breach is remediable) if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If You are in material breach, You are not entitled to a return of any part of the Course Fee.
   3. On termination of this Agreement for any reason:
      1. (a) all licences granted under this Agreement shall immediately terminate;
      2. (b) subject to the exceptions in this sub-clause, You will take reasonable steps to:
         • (a) delete the Content (and all derivatives thereof) from Your electronic media, including Your intranet and electronic storage devices so that You no longer have an electronically functional copy of any part of the Course; and
         • (b) destroy or return all other hard copies comprising the Content (and all derivatives thereof);
      3. (c) termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

10. GENERAL PROVISIONS

    1. By submitting any individual’s personal information to Us or Our affiliates, service providers and agents, You agree, and confirm Your authority from such other individual, to Our collection, use and disclosure of such personal information in accordance with Our privacy policy at www.greatchatwellacademy.com
    2. The rights provided under this Agreement are granted to You only, and shall not without Our prior written consent be considered granted to any other person or organisation. You may not, without Our prior written consent, assign, transfer, charge, sub-contract, sub-licence or deal in any other manner with all or any of Your rights or obligations under this Agreement.
    3. This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
    4. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
    5. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
    6. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
    7. English law governs this Agreement and the parties submit to the non-exclusive jurisdiction of the English courts.

 

These Terms were last updated on 1st December 2017