Terms of Use

OF COURSE LEARNING LIMITED

USER TERMS

These Terms apply to any interaction you have with Of Course Learning Limited. This may be by accessing and using our information, goods and services (“Services”) via websites, mobile applications or other means.

Please read these terms carefully as they affect your rights and liabilities under the law.

If you do not agree to these Terms, please do not register, subscribe or use our website or purchase any Services from us.

  1. These terms

1.1 The agreement in these terms of use (“Terms”) is between you the user (“You”) and Of Course Learning Limited (“We”, “Us” or “Of Course”).

1.2 These Terms will apply any time you use a website owned or operated by us (“Website”), a mobile application or any other means to access our services (“Services”) and by continuing to use or access the Services you accept these terms (“Terms”) and you agree that the Terms will apply to the agreement between you and us (the “Agreement”).

1.3 These Terms may be amended from time to time. Any amendments or new terms will be made available via our Website. You may terminate this Agreement if you do not wish to be bound by any such amendments but by continuing to use our Services you will be deemed to have accepted the new terms.

1.4 Please note that these Terms apply only to the provision of Services by Of Course to you, namely the Course access service we offer allowing you to purchase online classes or courses (“Courses”) which we list on our Website and applications. The Courses are provided by teachers, tutors, colleges, schools and other third party organisations (“Teachers”).

1.5 We make Courses available on the Of Course platform but we are not responsible or liable for the content of Courses and we do not warrant that the Courses will be suitable for your specific requirements. Responsibility for the content and delivery of a Course will be with the relevant Course Teacher.

1.6 Additional terms may apply to specific Courses, and these additional terms will be set out in the listing for the relevant Course.

  1. Registration

2.1 When using our Services you will be invited to register with us. Registration is not necessary to be able to access the Services. However you will not be able to purchase a course through us if you have not registered and do not have an account with us (“Account”).

2.2 To register we will require that you provide us with your full name and a valid email address. We may require additional information as well. Please note that any personal information that you provide to us will be subject to our data protection obligations which are set out in our privacy policy (“Privacy Policy”). The Privacy Policy forms part of the Agreement.

2.3 You will also be asked to create a password when registering. We recommend that you keep your password confidential and do not disclose it to any third party. If you do so reveal your password to a third party and they then access the Services or use our Services they will be deemed to be acting as agent for you. We will not be held responsible for any action taken by any third party to whom you have disclosed your password. If you believe a third party has become aware of your password and is using your Account without authorisation from you, please notify us immediately and we will suspend or close the Account at our discretion.

2.4 You must supply a valid email address when registering so that we can email to you your Course confirmation and any other information about our Services. We will not be held responsible if you fail to provide a valid email address and you do not receive a Course confirmation or other information from us that you might be expecting. If you become aware that you have supplied an invalid email address please contact us immediately to correct the information we hold about you.

2.5 When you register with us you will be asked if you agree to us sending emails to you. If you do not agree to this we will not be able to send you emails with details of promotional offers on Courses or other Services we can offer you. You may also be asked in the future if you agree to us passing your details to affiliates of ours so that they can email you with details of their services, products or special offers. If you agree to receiving emails, either from us or our affiliates, you will be able to unsubscribe to such emails at any time.

2.6 We may suspend or close your account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account you will not be able to purchase further Courses through us or use any of our other Services and may not be able to access the Services.

  1. Purchases and payment

3.1 You will be able to purchase a Course directly using the Services. At the time you place an order you must give authority for payment. We may take payment from you at any time between you placing the order and us making the content available.

3.2 When you indicate that you wish to purchase a Course you will be asked to make payment in full. A purchase will not be complete and you will not have secured a place on your selected Course until you have made payment and received confirmation email from us.

3.3 Payment will be made to us via our PayPal account or by credit or debit card.

3.4 Upon receiving notification that you have paid we will confirm the Course and provide access details by email. We may also notify your purchase to the Teacher and where necessary provide them with your contact details. By making a purchse you confirm that you consent to us passing your contact details to the Teacher.

3.5 At the point we confirm your purchase a binding agreement will have been formed for the purchase of the Course. Your purchase will always be subject to, and the Course will be provided in accordance with, the terms of the Teacher on the relevant listing.

3.6 Your order is an offer to purchase the Course content from us. There will be no contract of any kind between you and us unless and until we actually take payment from you. At any point up until then, we may decline to supply the Course to you without giving any reason. If we take payment and subsequently fail to make available the Course for any reason we will refund you in full.

3.7 The prices payable for the Courses that you order are clearly set out on the Website or application on which you make your purchase. If, by mistake, we have under-priced a Course, we will not be liable to supply that Course to you at the stated price.

3.8 All prices are expressed inclusive of any VAT payable unless otherwise stated.

  1. Your Right to Cancel

4.1 If you wish to cancel a purchase you may do so by notifying us by email within [14] days of the purchase confirmation email.

4.2 Please see our returns and cancellation policy which explains your right to cancel a contract for the purchase of a Course and how you can exercise that right.

4.3 Please note that once you have confirmed the purchase of downloadable content and your download has started you will not be entitled to cancel the contract and we will not offer a refund unless the download is defective.

4.4 If your download is defective please notify us within 30 days of receiving the defective download and we will supply you (at our option) with a replacement download or a refund.

4.5 We will notify the Teacher as soon as you have notified us that you wish cancel your purchase. So long as you have notified us within the time period set out in clause 4.1 you will be entitled to a full refund, unless your download has started.

  1. Course Materials and Content

5.1 The course material will be made available in accordance with the course description and, subject to our right to alter or delete any material, will be accessible for the duration of the course. It will not be accessible (save for a limited period at our discretion) after the course is complete. It is strongly recommended that you download all the available material during the term of the course.

5.2 We make great efforts to ensure that the Teachers who list their Courses are providing Courses of a high standard but we accept no responsibility and will have no liability to you if the Course does not meet your requirements or you find it unsatisfactory in some way and your right of action or claim will be against the Teacher.

5.3 We will use reasonable endeavours to resolve any technical issues which prevent or restrict access to material during the course. Access may occasionally be restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services.

5.4 We accept no responsibility if you lose or delete downloadable material during or after the course although, at our discretion, we may seek to assist recovery.

  1. Termination and suspension

6.1 We may suspend your account at any time should you be in breach of these terms. Furthermore if you have not registered with us we may suspend your access to the Services if we believe you to be in breach of this Agreement.

6.2 If we suspend your Account or access to the Services for any reason we may refuse to provide you with any Services or the right to purchase further Courses. If you attempt to circumvent this clause by attempting to create a new account we reserve the right to terminate our agreement with you and any existing Account you may have.

  1. User Generated Content

7.1 We may offer opportunities for users to post content via our Services (“Content”).

7.2 We may remove Content from our Websites or applications for any reason but in particular, content which does not comply with our standards may be removed.

7.3 By publishing any Content via our Services you confirm that:

7.3.1 you are the author of the Content;

7.3.2 you own all of the intellectual property rights in the Content (unless the Content consists merely of information)

7.4 Any Content that you publish via our Services will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

7.5 You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.

7.6 You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.

7.7 In particular you agree not to publish (or otherwise use our Services to distribute) any Content or engage in any activities which:

7.7.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.7.2 harasses any person or advocates harassment of any person;

7.7.3 displays or promotes pornographic or sexually explicit material of any kind;

7.7.4 does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;

7.7.5 is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;

7.7.6 promotes illegal or unauthorized copying of another person’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;

7.7.7 provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;

7.7.8 contains or is subject to restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);

7.7.9 solicits passwords or personally identifying information from other users for commercial or unlawful purposes;

7.7.10 involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;

7.7.11 promotes information that you know to be false or misleading;

7.7.12 contains personal information e.g. names or contact details; or

7.7.13 amount to commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes

7.7.14 involve uploading any files using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

7.7.15 access our Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

7.7.16 solicit log-in information or accessing an account belonging to someone else.

7.7.17 bully, intimidate, or harass any user of our Services.

7.7.18 do anything unlawful, misleading, malicious, or discriminatory.

7.7.19 do anything to disable or impair the proper working of the Services.

7.7.20 do anything to suggest, express or imply that statements made by you are endorsed by us.

7.7.21 impersonate any other person in any profile whether or not that other person is a user of the Services.

7.8 We reserve the right to remove any Content from our Services at any time and for any reason.

  1. Notice and Take-Down

8.1 We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.

8.2 In the event that you believe that any content which is made available via our Services is defamatory or infringing on intellectual property right you should notify us in writing either by email to help@ofcourse.co.uk including the following:

8.2.1 Your full name and contact details, including postal address, telephone number and e-mail address;

8.2.2 The exact URL or Service at which the defamatory or infringing content appears;

8.2.3 The content that you believe is defamatory or infringing on intellectual property rights;

8.2.4 The reasons that you believe the content is defamatory or infringing on intellectual property rights;

8.2.5 A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and

8.2.6 A signed declaration of truth in respect of the information in the notice.

8.3 Any statement made under this clause may be used in court proceedings.

8.4 If you come across any offensive, inaccurate or damaging material or if you are subject to any form of abuse or harassment we ask that you contact us immediately by emailing help@ofcourse.co.uk

  1. Viruses, hacking and other offences

9.1 You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.

9.2 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

9.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Services will cease immediately.

9.4 We will not be liable for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services.

  1. Availability and Our liability

10.1 We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.

10.2 For the avoidance of doubt, the liability excluded under clause 11.1 includes any loss arising from your dealings with any Teacher or arising from the Courses and we shall have no liability to you whatsoever for any act or omission of the Teacher in connection with the Courses or in relation to the Courses themselves.

10.3 Our liability to you for all losses under these terms(subject to any liability in accordance with clause 10.5 below) is limited to the total amount you have paid for Courses you have purchased with us.

10.4 No claim may be brought against us in relation to a Course more than 12 months following the date on which you purchased the relevant Course.

10.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.

10.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our responsibilities under this Agreement include only the provision of the content and responsibility for the Course lies solely with the Teacher for whom we act only as a distributor in a limited capacity.

10.7 Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If a fault occurs with our Services you should report it to help@ofcourse.co.uk and we will attempt to correct the fault as soon as we reasonably can.

10.8 Your access to our Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Services may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms.

  1. Intellectual Property

11.1 The format and content of our Services and all content comprised in a Course is protected by United Kingdom and international copyright and we and the Teachers reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services or Courses.

11.2 Course material is provided for personal use and may not be copied, sold, shared, resold or licensed to any other party.

11.3 Our Services, Websites, applications and other materials may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Services, Websites, applications or other materials without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of our Services, Websites, applications or materials without our express written consent.

  1. International Use

12.1 We make no promise that our Services and the Courses we offer are appropriate or available for use in locations outside the United Kingdom, and accessing our Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Services from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.

12.2 You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

  1. General

13.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

13.2 If you breach these terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.

13.3 We will not be responsible for any breach of these Terms and Purchase caused by circumstances beyond our reasonable control.

13.4 We may make changes to the content and format of the Services, Websites, applications and materials, at any time without notice.

Of Course Learning Limited

Returns and Cancellations Policy

This policy sets out your right to cancel your contract for the purchase of a Course from us, Of Course Learning Limited.

Right to Cancel Contract for Online Access, Downloadable Content and Goods Under The Consumer Regulations

Online Access

Where services are available via online access you will be entitled to cancel the access within 14 days of your purchase, however if you choose to start the Course within this period then you will lose your right to cancel.

On cancellation you will receive a full refund.

Downloadable Content

You have a right to cancel your contract for downloadable content within 14 days from your date of purchase. However if you have started the download you will lose your right to cancel.

On cancellation you will receive a full refund.

You do not need to give a reason and you may cancel by using the cancellation form provided.

Exercising Right to Cancel

To exercise the right to cancel, you must inform us, Of Course Learning Limited, email: help@ofcourse.co.uk of your decision to cancel this contract by a clear statement. You may use the cancellation form attached, but it is not compulsory.

To meet the cancellation deadline it is sufficient for you to notify us that you are exercising your right to cancel before the cancellation period has expired.

Effects Of Cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Cancellation Form

You can use the following cancellation form:

To: Of Course Learning Limited

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods/ for the supply of the following service,

Ordered on [ ]/ received on [ ]: ……………………………………………………………………………………….

Name of consumer(s): ……………………………………………………………………………………….

Address of consumer(s),: ……………………………………………………………………………………….