What these terms cover. These are the terms and conditions on which We supply products to you services and digital content.
Why you should read them. Please read these terms carefully before you submit your Order to Us. These terms tell you who We are, how We will provide Products to you, how you and We may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact Us to discuss.
The headings in these terms and conditions are for ease of reference only and shall not be taken into account in the construction or interpretation of any provision to which they refer.
References to any statute or statutory provision include a reference to that statute or statutory provision as from time to time amended, extended or re-enacted.
Any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
Words importing the singular number shall include the plural and vice versa and words importing the masculine shall include the feminine and vice versa.
A reference to writing or written includes email.
Unless otherwise specifically agreed in writing these terms and conditions shall apply to any Order placed by you.
When the following words with capital letters are used in these Terms, this is what they will mean:
the agreement between you and Us in respect of our provision of Products to you, comprising of these Terms and the Order;
any one of the online Courses accessible for download on our Website or supplied live via a third party video conferencing platform/app/website as set out in the Order;
all information (whether written, visual, oral, electronic or in any other form) which has the necessary quality of confidence and which is disclosed by Us to you save insofar as the same was not in the public domain at the time of receipt by you or has not subsequently entered into the public domain other than by reason of the breach of any obligation of confidence owed by you to Us;
Event Outside Our Control:
is defined in Clause 13;
the curriculum, workbooks, training method, manuals, presentations, drawings, PowerPoints, illustrations, and any other supporting documents in any medium, whether hard-copy or electronic, used by Us in connection with the Courses;
your online Order for the Course(s) placed on our Website;
the range of services (for example the live Courses), digital content and Materials provided under our Agreement;
the terms and conditions set out in this document;
UNpreneur Education Ltd (company registration number: SC657208), Our registered office is at Flour Mill 5th Floor, Exchange Court, Dundee, United Kingdom, DD1 3EJ.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who We are. We are UNpreneur Education Ltd (company registration number: SC657208), Our registered office is at Flour Mill 5th Floor, Exchange Court, Dundee, United Kingdom, DD1 3EJ.
How to contact Us. You can contact Us by emailing Us at firstname.lastname@example.org or writing to us at Flour Mill 5th Floor, Exchange Court, Dundee, United Kingdom, DD1 3EJ.
How We may contact you. If We have to contact you We will do so by telephone or by writing to you at the email address or postal address you provided to Us in your Order.
Conflicts. If any of these Terms conflict with any term of the Order, these Terms will take priority.
OUR CONTRACT WITH YOU
How We will accept your Order. Our acceptance of your Order will take place when We email you to accept it, at which point a contract will come into existence between you and Us.
If We cannot accept your Order. If We are unable to accept your Order, We will inform you of this in writing and will not charge you. This might be because of unexpected limits on Our resources which We could not reasonably plan for, because We have identified an error in the price or description of the Course or because there are no spaces left.
Your Order Reference. We will assign a Order reference number to your Order and tell you what it is when We accept your Order. It will help Us if you can tell Us the Order reference whenever you contact Us about your Order.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your Order please contact Us. We will let you know if the change is possible. If it is possible We will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
OUR RIGHTS TO MAKE CHANGES
Minor changes. We may make changes:
to reflect changes in relevant laws and regulatory requirements;
to the speaker(s), mentor(s) or content, at any time without notice. You will not be entitled to a refund as a result, unless you exercise your rights shown in Clause 8.
More significant changes including changes to these terms. In addition, as We informed you on Our Website, We may make the following changes but if We do so We will notify you and you may then contact Us to end the contract and receive a full refund before the changes take effect:
changes in how We accept payment from you; and
changes in relevant laws and regulatory requirements.
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that We provided to you before you bought it.
When We will provide the Courses. We will supply access to the Course(s) to you via our Website or via a link to a third party website or app (such as Zoom) where the Courses are live, as set out in the Order unless otherwise varied by Us in accordance with Clause 5.
If the contract is a one-off purchase of digital content. We will make the digital content available for download by you as soon as We accept your Order.
We are not responsible for delays outside of Our control. We will make every effort to provide the Course(s) on the date(s) (where Courses are live) as set out in the Order. However, there may be delays due to an Event Outside Our Control. There may be delays due to an Event Outside Our Control. See Clause 13 for Our responsibilities when an Event Outside Our Control happens. If Our supply of the Services is delayed by an event outside Our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact Us to end the contract and receive a refund for any Course you have paid for but not received.
What happens if you do not pay? If you do not pay Us for a Course when you are supposed to, We may withdraw your enrolment on a Course with immediate effect (except where you dispute an invoice). We will contact you to tell you this. We can also charge you interest on overdue payments.
What rights We retain. You acknowledge that all copyright, design right, trademarks and all other intellectual property rights in all Course and the Materials are owned by Us or Our licensors.
What is not included?
You acknowledge that We do not (nor does any trainer, mentor, consultant, team member, agent or employee who is providing a course, mentoring or other training) provide financial, business, legal or accounting advice. We are not authorised by any teaching body or otherwise to do so and as such this does not form part of the Course or the contract between Us.
You further acknowledge that the opinions and comments made by trainers, consultants, and mentors (whether employed by Us or not) are their own and do not represent or reflect Our opinions or comments. You acknowledge that any opinions or comments you wish to follow should first be subject to independent professional advice. You agree not to hold Us responsible for such opinions or claims.
What will happen if you do not give required information to Us? We may need certain information from you so that We can supply the Courses to you. If so, this will have been stated on Our Website. We will contact you to ask for this information. If you do not give Us this information within a reasonable time of Us asking for it, or if you give Us incomplete or incorrect information, We may either end the contract or make an additional charge of a reasonable sum to compensate Us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving Us the information We need within a reasonable time of Us asking for it.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with Us. Your rights when you end the contract will depend on what you have booked, whether there is anything wrong, how We are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see Clause 9;
If you want to end the contract because of something We have done or have told you We are going to do, see Clause 8.2; or
If you have just changed your mind. You may be able to get a refund if you are within the cooling-off period and purchased the item online or over the telephone, but this may be subject to deductions.
Ending the contract because of something We have done or are going to do. If you are ending the contract for a valid reason, the contract will end immediately and We will refund you in full for any Courses which have not been provided and you may also be entitled to compensation. Valid reasons are:
We have told you about an upcoming change under Clause 6.2 which you do not agree to;
We have told you about an error in the price or description of the Course and you do not wish to proceed;
there is a risk that supply of the Course or any Product(s) may be significantly delayed because of events outside Our control; or
you have a legal right to end the contract because of something We have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online or over the telephone you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
digital products after you have started to download or stream these;
services (including Course(s)), once these have been completed, even if the cancellation period is still running;
sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
any Products which become mixed inseparably with other items after their delivery.
Any products purchased in person and therefore not online or over the telephone.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you purchased services or products over the internet or over the telephone? If so, you have 30 days after the day We email you to confirm We accept your Order. However, once We have completed the Course you cannot change your mind, even if the period is still running. If you cancel after We have started the Courses, you must pay Us for services provided up until the time you tell Us that you have changed your mind.
Have you bought digital content for download or streaming? If so, you have 30 days after the day We email you to confirm We accept your Order, or, if earlier, until you start downloading or streaming. If We delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Us to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see Clause 8.2):
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
14 day period to change your mind.
30 day period to change your mind.
Tell Us you want to end the contract. To end the contract with Us, please let Us know by doing one of the following:
Phone or email. Call Us on 01383 427305 or. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
By post. Print off the form below and post it to Us at the address on the form for the attention of the Customer Services. Or simply write to Us as that address, including the information required in the form.
I/We* hereby give notice that I/We* cancel my/Our* contract of sale of the following goods/ for the supply of the following services*
Ordered on/received on * DATE.
Name of consumer(s).
Signature (if sent on paper)
How We will refund you. We will refund you the price you paid for the Products and any Courses in accordance with Clause 8.1, by the method you used for payment. However, We may make deductions from the price, as described below.
Where the Product is a service. We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told Us you had changed your mind. The amount will be in proportion to what has been supplied to you.
When your refund will be made. We will make any refunds due to you as soon as possible. Any valid refunds refund will be made within 14 days of your telling Us you have changed your mind.
We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to Us when it is due and you still do not make payment within 7 days of Us reminding you that payment is due;
you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Product(s) or Courses;
You must compensate Us if you break the contract. If we end the contract we will refund any money you have paid in advance for Products or Courses We have not provided but We may deduct or charge you a proportion of the price based on our current charging rates depending on the date on which We end the contract, as compensation for the net costs We will incur as a result of your breaking the contract.
We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the Product and will refund any sums you have paid in advance for Products which will not be provided.
Summary of your key legal rights
This is a summary of your key legal rights relating to the Products. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your Product is digital content, for example a mobile phone app or a subscription to online information or courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you’re entitled to a repair or a replacement.
if the fault can’t be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
if you can show the fault has damaged your device and We haven’t used reasonable care and skill, you may be entitled to a repair or compensation
If your Product is services, for example the provision of a Course delivered live, the Consumer Rights Act 2015 says:
you can ask Us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if We can’t fix it.
if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
PRICE AND PAYMENT
Where to find the price for the Product. The price of the Product (which includes VAT) will be the price indicated on the order pages when you placed your Order. We take all reasonable care to ensure that the price of the Product advised to you is correct. However please see Clause 10.7 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Course in full before the change in the rate of VAT takes effect.
When you must pay and how you must pay. We accept payment with Stipe, Paypal. Upon submitting a Order you must pay for the Products and Courses. Your rights to a refund on cancellation are set out in Clause 8.
We can charge interest if you pay late. If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of Scotland or its successor from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
We take all reasonable care to ensure that the price advised is correct. However if We discover an error in the price specified in your Order we will contact you to rectify it.
If We have to cancel an Order before the start date for the Course, due to an Event Outside Our Control which persists or the unavailability of key personnel or key materials without which We cannot provide the Course are unavailable. We will promptly contact you if this happens.
What happens if We got the pricewrong. It is always possible that, despite Our best efforts, products and services may be incorrectly priced. We will normally check prices before accepting your Order so that, where the Product’s correct price at your Order date is less than Our stated price at your Order date, We will charge the lower amount. If the correct price at your Order date is higher than the price stated in Our price list, We will contact you for your instructions before We accept your Order. If We accept and process your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, We may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact Us promptly to let Us know and We will not charge you interest until We have resolved the issue.
RESCHEDULING A ORDER
If you would like to reschedule your enrolment on a Course from the original Course date (where applicable), you must notify Us in writing providing Us with full details of the original date and your preferred Course date. We are not obliged to reschedule your enrolment but may do so at Our own discretion. You acknowledge that We may incur additional charges as a result and We will be entitled to recover these reasonable costs from you. You further acknowledge that Our ability to reschedule will depend on the availability of places and that We shall, to the fullest extent allowed by law, have no liability to you in the event that no places are available.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by Us. If We fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen as a result of these events or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Clause 9.2.
When we are liable for defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply Products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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 these Terms that is caused by an Event Outside Our Control (including but not limited to Us having to rearrange or cancel a Course).
An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, failure of a third party’s video software, or the internet.
If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
We will contact you as soon as reasonably possible to notify you and We will take steps to minimise the effect of the delay; and
Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the Course to you, We may rearrange the Course as soon as reasonably possible after the Event Outside Our Control is over.
You may end the contract if an Event Outside Our Control takes place and receive a refund for any Products you have paid for but not received. We will only cancel the contract if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in Clause 8.2.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to Us to:
provide the Course;
process your payment for such Course; and
if you agreed to this during the Order process, to inform you about similar products that We provide, but you may stop receiving these at any time by contacting Us.
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 1 month of us telling you about it and we will refund you any payments you have made in advance for Products not provided.
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if We think this would damage our business. However, you may transfer our guarantee at Clause 8.6 where the Product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by showing us a transfer took place in writing.
Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in Clause 8.6 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.