Terms And Conditions
ONLINE COURSE Sale Terms
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we offer and supply courses from time to time for students to learn online (“Online Courses”), including the part of the course which is digital content.
1.2 Why you should read them. Please read these terms carefully before you apply for any Online Course. These terms tell you who we are, how we will provide our Online Courses 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.
1.3 What some words mean in these Terms
“Course Content” means all materials provided by and or displayed and or made available by us in connection with the Online Course, including but not limited to the written and or graphic content connected with or included in the Course including the Digital Content and the look and feel of the portal in which the Online Course is accessed;
“Digital Content” means any materials which we display and or make available to you as part of an Online Course in a digital format, including but not limited to pictures, saveable and or printable documents and or text content, and videos and or live video link sessions;
“Online Course” means any course which we make available for online learning
“Product(s)” include goods and/ services and/ or digital content and/ or a combination of these as with our Online Courses.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
2. Our contract with you
2.1 When we receive your Online Course application we will check whether we can accept it. There are sometimes reasons why we cannot do so.
2.2 We will need to check that we still have places available, and we will need to check that we consider that you are eligible for participation in the Course (we describe our requirements on the web page for each Online Course). So we may not be able to accept your application if there are no places available or if we are not satisfied that you meet our eligibility requirements.
2.3 If we do not accept your Online Course application we will refund the payment you have made with the application.
2.4 How we will accept your Online Course application:
2.5 When you submit your application form for the Online Course which you wish to undertake we will review your application and if necessary we may contact you to obtain further information or clarification of the details you have provided.
2.6 We will use your application and any further information you provide to us to assess whether we consider that you meet our eligibility requirements for that particular course. As we make our Online Courses available to our students for a period of time so that they can learn at their own pace, we will also need to ensure that the Online Course in question is available from the date on which you wish to commence.
2.7 If we are not satisfied that you meet the eligibility requirements for the Online Course, or if that Online Course is not available we will contact you to advise that this is the case.
2.8 If we are able to accept your application we will email you to confirm that we are accepting your application and the contract for the Online Course will be in place from the date and time of that email.
3. Your rights to change your mind (Consumer Contracts Regulations 2013).
3.1 Under these regulation if you are a consumer you will have the right to change your mind and cancel a contract and receive a refund for most products as long as you do so within a 14 day period of the contract starting (the date of our acceptance of your application) or where the contract is for the purchase of goods within 14 days of the delivery of those goods. This is called the “cooling off period”.
3.2 However there are circumstances in which you lose these rights including:
3.2.1 If you request that the services and or Digital Content are to be provided to you within that cooling off period;
3.2.2 If you acknowledge that by requesting that the services and or the Digital Content are provided before the end of that cooling off period you will lose these rights.
3.3 By submitting your application you agree that you require us to provide the Online Course to you immediately that we accept your application and you also acknowledge that you will lose the right to cancel once Digital Content has been made available for downloading or streaming.
3.4 If you do not wish to commence the Online Course immediately we suggest that you wait and submit your application when you are ready to start.
4. THE ONLINE COURSE
4.1 The Online Course will include a combination of online learning materials and assessment assignments, including some tutorial time, as described on the webpage for the relevant Online Course in each case.
4.2 Where we state that a set of brushes will be sent to you to use during the Online Course, this is provided free of charge by us and we will despatch it to you only when we have accepted your application and confirmed that you may start the Online Course.
4.3 Once we confirm that we have accepted your application and payment for the Online Course you will be provided with login details and may start using the Digital Content immediately. The Online Course will be available to you online for up to 12 months from the date of our acceptance (the “Course Period”), so that you can undertake this training at a speed convenient to you and that suits your learning style.
4.4 You will not be able to access the Online Course following the end of the Course Period.
4.5 We make each Online Course available as a series of modules so that your learning builds throughout the Online Course and that each part of the Online Course helps equip you for the next. As a result we may require that you have successfully completed a particular exercise, assignment or assessment to our satisfaction before you can progress to the next.
4.6 From time to time you will be required to upload completed assignments or exercises, including sometimes videos of your completed assignment or exercise. You will receive our feedback on this work as soon as possible. You must ensure that any material which you upload in this way is only your original work and is not copied from any other source. Where you use a model for any assessment, assignment or practice you are entirely responsible for making your arrangements with that model and for ensuring that that model consents to your use of their image and or video for the purposes of the Online Course and for the application by you of any make- up or other products which you apply to that model. We take no responsibility for the choice and or use of any model or for their health and safety or pay when assisting you with the Online Course or otherwise.
4.7 You must not use or publish, online or in any other manner a copy of any material which you upload for the Online Course.
4.8 By uploading any material for the Online Course, you confirm that we are licensed by you to hold and process that material for the purpose of the Online Course and for the purpose of our business records. You also confirm that you are entitled to upload the material for the Online Course and that you have obtained all consents required to do so and for our use of that material.
4.9 You must not upload any material unless it is relevant to the Online Course.
4.10 You must not upload any material that is offensive in any way. Offensive material would include but not be limited to material that includes violence and or sexual materials, and or amounts to or suggests threats or harassment to any person in any way, or which is unsuitable to be viewed by minors.
4.11 During the Online Course you will from time to time have correspondence or online conversations or sessions with us and our staff members. You must treat our staff members with courtesy at all times.
4.12 If we offer you the chance to interact on one of our forum with other students you must treat them with courtesy at all times.
5. Your licence to use the Course Content.
5.1 On the date of our acceptance of your application for the Online Course you will be granted a non-exclusive, non-transferable licence to use the Course Content only for the purposes of your Participation in the Online Course.
5.2 You must not use the Course Content or any of it for commercial purposes and you must not copy, distribute or otherwise share the Course Content with any other person or company.
5.3 You will not become the owner of any of the Course Content at any time and you must not copy, circulate or in any way modify any printed or digital copies that we have permitted you to print or download. Please refer to our terms of website use for more detail.
5.4 If you use the Course Content or any part of it in any way other than as set out above in this section you will be liable to compensate us for any losses and or expenses including compensation for any damage to our reputation and we may take legal action to stop you using the Course Content.
6. the Free Brush Set.
6.1 If the Online Course you choose includes a free brush set we will usually deliver this by [second class registered post.
6.2 You will own the brush set once it is delivered to you, and we cannot accept it’s return once you have opened it for hygiene reasons.
6.3 If no one is available at your address to take delivery and the brush set cannot be posted through your letterbox, the postman will usually leave you a note to inform you how to rearrange delivery or to collect from your local sorting office. If the post office returns the brush set to us we will not be able to rearrange delivery unless you pay our package and posting costs, so if you do need the brush set re-delivered please contact us and we will confirm the re-delivery costs once we have had the brush set returned by the Royal Mail.
7. Reasons we may suspend your access to the Online Course:
7.1 We may temporarily suspend your access to the Online Course if;
7.1.1 we need to deal with technical problems or make minor technical changes;
7.1.2 we need to update the update the product to reflect changes in relevant laws and regulatory requirements.
7.2 We may temporarily and/ or permanently suspend your access to the Online Course if we consider that you:
7.2.1 are in breach of any part of these Terms including if you are in breach of any part of the licence to use the Course Content set out in section 5 above ; or
7.2.2 have supplied us with incomplete, inaccurate or misleading information, for instance as part of your application.
7.3 Your rights if we suspend your Online Course. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency.
7.4 [Your rights if we reschedule courses. Depending on demand and we will inform you of this in writing. You will be expected to accommodate for any changes in course commencement dates and time tables and we will not be under any obligation to refund you where you decide not to accept these changes (except where you have the statutory right to do so)]
8. Our rights to make changes
8.1 Changes to the Online Courses. On our website we describe the contents and nature of each Online Course. From time to time we will make minor changes to Online Courses for the purposes of keeping the course up to date.
8.2 From time to time we may update some part of the Digital Content provided for an Online Course. If we do this in respect of part of the Online Course which you have not yet completed you will be required to use the updated version supplied for that part of the Online Course when you do complete it.
8.3 Please note changes of the types described at 8.1 and or 8.2 above will not entitle you to cancel the contract with us or to obtain a refund.
8.4 However, if we need to make significant changes to an Online Course that mean that we cannot supply the training described when you purchased the Online Course we will notify you and will notify you of any cancellation and or refund rights that will apply in those particular circumstances.
8.5 We are not responsible for delays outside our control. If our supply of the products or courses 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.
9. Your rights to end the contract
9.1 If the Online Course is faulty or mis-described you may have a statutory legal right to end the contract and or to get some or all of your money back). These Terms do not change your statutory rights.
9.2 We hope that you will enjoy the Online Course and will not have any concerns, but if you do we suggest that you contact us immediately to discuss those concerns and we will try to assist if possible.
9.3 If you believe that you are entitled to end the contract please let us know by doing one of the following:
9.3.1 Phone or email. Call customer services on 02074344488 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.3.2 Online. Complete the online form on our website.
9.3.3 By post. Print off the printable form] and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your date of birth, email address or postal address; or
10.1.3 you break any part of these Terms.
11. Summary of your legal rights.
11.1 We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. 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 downloadable file or a streamed video 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 something we do for you as part of your course, 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.
12. If there is a problem with the product
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 02074344488 or write to us at email@example.com
13. Price and payment
13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website and the World Pay order pages when you submit your application. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell 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 product's correct price at your order date is higher than the price stated on our website, 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.
13.4 When you must pay and how you must pay. We accept payment with Visa and Mastercard and you are required to pay when submitting your application. If we do not accept your application we will refund that payment.
13.5 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.
14. Our responsibility for loss or damage suffered by you
14.1 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 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.
14.2 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you we will either repair the damage or pay you compensation.
14.3 We are not liable for business losses. We only supply the 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.
15. How we may use your personal information
16. Other important terms
16.1 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.
16.2 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 reserve the right to withhold consent whether reasonable or not.
16.3 No other person 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. 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.
16.4 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.
16.5 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.
16.6 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland 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.
17. Information about us and how to contact us
17.1 Who we are. We are Academy of Freelance Make Up Ltd a company registered in England and Wales. Our company registration number is 05947077 and our registered office is at 63 Dean Street, London, W1D 4QD. Our registered VAT number is 94313015.
17.2 How to contact us. You can contact us by telephoning our customer service team at 0207 434 4488 or by writing to us at firstname.lastname@example.org.
17.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the phone number, email or postal address that you have provided to us.