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TERMS OF USE
Last modified: 1 January 2025
Version 1.0
1. | ABOUT US |
1.1 | AdventFS, LTD (company number: 16044269) ('Company', 'we', 'us', or 'our'), is a company registered in England and Wales and our registered office address is at Griffin House, 135 High Street, Crawley, West Sussex, RH10 1DQ. Our main trading address is 44 Oxfield Drive, Gorefield, Wisbech, PE134LX. |
1.2 | To contact us, email us at support@adventelearning.co.uk or send us a letter to our main trading address. |
1.3 | We operate the website adventelearning.co.uk (the 'Site') and provide courses as well as other related services that refer or link to these terms and conditions (the 'Legal Terms') (collectively, the 'Services') to users enrolled or registered with us (‘User’, ‘you’). |
2. | BY USING OUR SITE AND SERVICES YOU ACCEPT THESE TERMS |
2.1 | These Legal Terms apply to any User of the Services, and by accessing and using the Services (and paying the Charges for the Services, if applicable), you confirm that you accept these Legal Terms and that you agree to comply with them. These Legal Terms apply to you as a User, whether you have paid for any of the Services yourself or where you have been registered as a User by another third party in order to access and use the Services, in accordance with these Legal Terms. |
2.2 | It is acknowledged that Users may be minors i.e. under the age of 18, and therefore may not be able to be contractually bound as a minor. However, in that instance, where a User is a minor and is accessing the Services, they must do so with the permission and oversight of someone who is over 18 years old. Any reference to User in these Legal Terms would include the actual user who has been registered on the course and/or their legal guardian/parent or other person who is over the age of 18 years old, for the purposes of responsibility for compliance with these Legal Terms. |
2.3 | If you do not agree to these Legal Terms, you must not use our Site or Services. |
2.4 | We may make changes or modifications to these Legal Terms from time to time. We will confirm any changes by updating the 'Last updated' date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. |
2.5 | You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. |
2.6 | We recommend that you print and keep a copy of these Legal Terms safe for your records. |
3. | OUR SERVICES |
3.1 | We may amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services. We will only be required to provide the Services to a User who has received a Confirmation from us that the User has been enrolled or registered with us for access and use of the Services (in accordance with clause 3.2 below) and, if required, payment for the Services has been made in accordance with clause 5. |
3.2 | We will use all reasonable endeavours to meet any performance dates we provide to you when we have confirmed your enrolment for receipt of our Services (the 'Confirmation'), but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the contract for our Services ('Contract'). |
3.3 | The Services are subject to availability. We reserve the right to discontinue the Services at any time for any reason. |
3.4 | We may refuse any order placed for the Services. We may, in our sole discretion, limit or cancel quantities of the Services purchased. These restrictions may include orders placed by or under the same User identification, the same payment method, and/or orders that use the same billing address. |
3.5 | We shall use reasonable endeavours to provide the Services, but we do not undertake or guarantee that you will obtain a particular result from your use of the Services. |
3.6 | A certificate will be provided to you after the successful completion of any course by a User (‘the Certificate’). The provision of a certificate does not guarantee the behaviour or actions of a User, and we shall not be considered to be making any assertions in respect of the Users by issue of the Certificate. |
3.7 | Where a User does not complete or otherwise achieve completion of the requirements of a course, we will not provide the Certificate and will not be responsible to the User for any loss it suffers, as a result. |
3.8 | Although we have taken reasonable efforts to update the information provided in the Services, we do not accept any warranty or guarantee as to the accuracy of the information used or offered through the Services. |
3.9 | Should a certificate be issued in error, or the course has not been satisfactorily completed by a User, we may withdraw an issued certificate. |
4. | YOUR OBLIGATIONS |
4.1 | It is your responsibility to ensure that: |
4.1.1 | you cooperate with us in all matters relating to the Services; |
4.1.2 | you complete the course on your own; |
4.1.3 | you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; |
4.1.4 | you have access to a device with internet connection; |
4.1.5 | you have the legal capacity and you agree to comply with these Legal Terms; |
4.1.6 | you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; |
4.1.7 | you will not use the Services for any illegal or unauthorised purpose; and |
4.1.8 | your use of the Services will not violate any applicable law or regulation. |
4.2 | If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). |
5. | CHARGES |
5.1 | If applicable, you may need to pay our charges (‘Charges’) before we can provide you with access to the Services. |
5.2 | Users can make payment (if required) after logging onto the Site using the username and password provided by the relevant police authority. |
5.3 | Payment of the Charges for Users under the age of 18 must be made by someone acting on behalf of the User as described in clause 2.2 (over the age of 18) to enable the payment to be legally binding. |
5.4 | Our Charges may change from time to time, and we reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. |
5.5 | Charges must be paid in advance, and no access to the Services will be permitted until payment of the Charges have been made in full. |
5.6 | We accept payment by the following: Visa, Mastercard, American Express, and Discover. |
5.7 | We may charge you additional sums if you don’t provide us with information we have asked for. |
6. | CANCELLATION, REFUNDS AND FAULTY SERVICES |
6.1 | If you are required to pay for the Charges, you have a legal right to change your mind before accessing the Services. |
6.2 | You have 14 days after the date that you paid the Charges to change your mind before you access the Services, but you lose this right once you start to access the Services. |
6.3 | If you change your mind, please contact our Customer Service Team using the details in clause 1.2 of the Legal Terms and advise that you have changed your mind. |
6.4 | We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for processing the refund. |
6.5 | If you think there is something wrong with the Services, you must contact our Customer Service Team using the details in clause 1.2 of the Legal Terms. 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. |
7. | INTELLECTUAL PROPERTY RIGHTS |
7.1 | We are the owner or the licensee of all intellectual property rights in or arising out of or in connection with the Services. |
7.2 | Subject to receipt of the Charges and your compliance with these Legal Terms, we will grant you a non-exclusive, non-transferable, revocable licence to access the Services and, where applicable, download or print a copy of any course materials (‘Materials’) which you have authorised access to for your own personal use. |
7.3 | Except as set out in these Legal Terms or as otherwise agreed by us, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute in any way the Services and or the Materials. |
7.4 | You may not modify, adapt, merge, translate, disassemble, decompile, recompile, or reverse engineer any software forming part of the Services or Materials or create derivative works based on the whole of or any part, or which incorporate, the Materials into any software program. |
7.5 | If you wish to make any use of the Services, Marks, or Materials other than as set out in these Legal Terms, please contact our customer services team using the contact details in clause 1.2. |
7.6 | Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. |
8. | PROHIBITED ACTIVITIES |
8.1 | You may not access or use the Services for any purpose other than that for which we make the Services available. |
8.2 | The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. |
8.3 | As a user of the Services, you agree not to: |
8.3.1 | systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; |
8.3.2 | trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; |
8.3.3 | circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein; |
8.3.4 | disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; |
8.3.5 | use any information obtained from the Services in order to harass, abuse, or harm another person; |
8.3.6 | make improper use of our support services or submit false reports of abuse or misconduct; |
8.3.7 | use the Services in a manner inconsistent with any applicable laws or regulations; |
8.3.8 | engage in unauthorised framing of or linking to the Services; |
8.3.9 | upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; |
8.3.10 | engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; |
8.3.11 | delete the copyright or other proprietary rights notice from any content; |
8.3.12 | attempt to impersonate another user or person or use the username of another user; |
8.3.13 | upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms'); |
8.3.14 | interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; |
8.3.15 | harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you; |
8.3.16 | attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services; |
8.3.17 | copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; |
8.3.18 | except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; |
8.3.19 | except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software; |
8.3.20 | make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences; or |
8.3.21 | use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise. |
9. | SERVICES MANAGEMENT |
9.1 | We may: |
9.1.1 | monitor the Services for violations of these Legal Terms; |
9.1.2 | take appropriate action against anyone who violates these Legal Terms, including without limitation, reporting such user to law enforcement authorities; |
9.1.3 | at our discretion, refuse, restrict access to, limit the availability of, or disable access to the Services; |
9.1.4 | remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and |
9.1.5 | manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. |
10. | DATA PROTECTION |
10.1 | We will use any personal information you provide to us to: |
10.2 | provide the Services; and |
10.3 | process your payment for the Services. |
10.4 | We will process your personal information in accordance with our privacy policy: app.adventelearning.co.uk/student/PrivacyPolicy, the terms of which are incorporated into this Contract. |
11. | TERM OR TERMINATION |
11.1 | Without limiting any of our other rights, we may suspend the performance of the Services, or terminate your access to the Services and claim any compensation due to us if: |
11.1.1 | you don't make any payment to us when it's due and you still don't make payment within 30 days of our reminding you that payment is due; or |
11.1.2 | you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Services. |
11.2 | These Legal Terms shall remain in full force and effect while you use the Services. |
12. | CONSEQUENCES OF TERMINATION |
12.1 | If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. |
12.2 | Termination of access to your account will not affect your or our rights and remedies that have accrued as at termination. |
12.3 | Any provision of the Legal Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect. |
13. | MODIFICATIONS AND INTERRUPTIONS |
13.1 | We may change, modify, discontinue or remove the contents of the Services at any time or for any reason at our sole discretion without notice. |
13.2 | We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. |
13.3 | We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. |
14. | LIMITATION OF LIABILITY |
14.1 | Nothing in these Legal Terms limits or excludes our liability for: |
14.1.1 | death or personal injury caused by negligence; |
14.1.2 | fraud or fraudulent misrepresentation; |
14.1.3 | any matter in respect of which it would be unlawful for us to exclude or restrict liability; and |
14.1.4 | breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982. |
14.2 | Subject to clause 14.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Legal Terms for loss which is: |
14.2.1 | unexpected, being that it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable); |
14.2.2 | caused by a delaying event outside our control. As long as we have taken the steps set out in clause 15; or |
14.2.3 | avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us. |
14.3 | Subject to clause 14.1, our total liability to you arising under or in connection with the Legal Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 100% of the total Charges paid by you, or, 100% of the total Charges paid by a third party on your behalf, as applicable. |
14.4 | This clause 14 will survive termination of the Contract. |
15. | EVENTS OUTSIDE OF OUR CONTROL |
15.1 | We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Legal Terms that is caused by any act or event beyond our reasonable control (‘Event Outside Our Control’). |
15.2 | If an Event Outside Our Control takes place that affects the performance of our obligations under these Legal Terms: |
15.3 | we will contact you as soon as reasonably possible to notify you; and |
15.4 | our obligations under these Legal Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over. |
15.5 | If you paid for the Services, you may cancel the Services affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred by us in performing the Services up to the date of the occurrence of the Event Outside Our Control. |
16. |
SEVERANCE
If any provision or part provision of these Legal Terms becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Legal Terms. |
17. |
GOVERNING LAW
These Legal Terms are governed by English law. The courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. |