Terms and Conditions
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Enjoy Learning, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Enjoy Learning and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Enjoy Learning and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Enjoy Learning, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Enjoy Learning.
- You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Enjoy Learning for all claims resulting from Content you supply.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
- When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
- If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
- This Website may contain links to other sites or externally-hosted content such as embedded videos. Unless expressly stated, these sites are not under the control of Enjoy Learning or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Enjoy Learning makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Enjoy Learning is under no obligation to update information on the Website.
- Whilst Enjoy Learning uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Enjoy Learning accepts no liability for any disruption or non-availability of the Website.
- Enjoy Learning reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
- Enjoy Learning provides online learning facilities to supplement in-person classes. For each course module you are enrolled on, we allow access to its online learning facilities for the duration of the term. These facilities are provided as a convenience and may be withdrawn at any time. Enjoy Learning makes no guarantee that all modules will offer the same amount of content.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Enjoy Learning accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- Any losses due to a Pandemic or any legal requirements issued by HM government or their statutory bodies.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
These terms and conditions apply to all online card transactions made to Enjoy Learning. Please read these terms carefully before using the online payment facilities.
Enjoy Learning may change these terms from time to time without notice. Changes will apply to any subsequent transactions with Enjoy Learning.
- Using the online payment facility on our website indicates that you accept these terms. If you do not accept these terms do not use our online payment facilities and choose one of the alternative methods of enrolment of payment listed in our brochure. All online payments are subject to these conditions.
- All payments are made in UK pounds sterling only.
- No additional charge will be made for online payments using credit or debit card.
- Enjoy Learning does not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to this site.
- Your payment will normally reach Enjoy Learning’s bank account within three working days. We cannot accept any liability for delayed payments.
- We cannot accept liability for payments being recorded on the wrong account if you supply inaccurate information, but will make every effort to reallocate any such payments if they arise.
- We cannot accept liability if payment is refused or declined by your credit/debit card supplier for any reason. If a payment is declined the enrolment onto a course will not progress.
- If your card supplier declines payment, Enjoy Learning is under no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account.
- The data that you provide during online payment transactions is securely by our e-commerce provider, Braintree, under the terms of the Data Protection Act 1998 and in accordance with the PCI Data Security Standard (PCI DSS) and will only be used by Enjoy Learning for the purpose of recording your payment and for accounting processes.
- Your data will be treated confidentially and with the utmost care and respect. We shall abide by the principles of the Data Protection Act 1998 and ensure that the data is used for no other purposes and is disclosed to no third party, except in respect of data that it is necessary to provide to Enjoy Learning’s e-commerce provider who will process this information on Enjoy Learning’s behalf. In limited, exceptional circumstances Enjoy Learning may be required to disclose data to other third parties, for example where this is necessary to comply with the law. Our e-commerce provider will retain some personal information so that we can access payment records in the event of queries or incomplete payment information. Any credit or debit card details given by you will not be retained in their entirety. Information will only be retained for a reasonable period and then destroyed securely.
- In no event will Enjoy Learning be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
- Refunds at the time of transaction if applicable, will normally be made to the debit/credit card used for the original transaction. Part or full refunds which may apply in accordance with paragraph 3 of the Enjoy Learning programme conditions will be made by other methods of payment.
Enjoy Learning details
- Enjoy Learning is a not-for-profit organisation whose registered address is 85 High Street, Belmont, Bolton BL7 8AJ and it operates the Website www.enjoy-learning.org.uk. The registered VAT number is 123456789. You can contact Enjoy Learning by email on email@example.com.
- Sections of these terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
Document Version History
- 10 April 2019: initial version.
- 27 June 2019: added details to cover payment.
- 29 September 2020: added details about online learning facilities and video embedding.