TERMS OF SERVICE




These Terms of Services

Unless otherwise agreed, these terms of service apply to all orders you, the customer (you), place with Lorraine Hunt (us) to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing and constitute the entire agreement between us.

These terms of service are in relation to buying services, courses and/or memberships from us.

Acceptance by us of orders

We reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.


You may place an order for services, courses and/or memberships via our website, which shall constitute an offer by you to buy the services, courses and/or membership specified in the order. We will send you an email acknowledging your order, which will confirm the order details and details of how to access those services, courses and/or membership.

Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.

Placing your order offline

Where you contact us by any means, other than online, about purchasing services, we may provide you with a quote for the purchase of such services through a proposal. A proposal shall be deemed to be accepted on the earlier of (i) signature by you of the Proposal; and/or (ii) separate correspondence by letter or by email accepting the Proposal, and/or (iii) payment by you of the price quoted in the Proposal; and/or (iv) you or your users’ first use of the services quoted in the Proposal.

The services will then be delivered on the date specified in the proposal.

Courses

Each course ordered shall be viewable and accessible by you (or your user(s)) for the Term. If completion of a course by a user is certified, the completion of that particular course by a user will only be certified then.

Any descriptions, specifications, advertising material or overview information in relation to a course is published for the sole purpose of giving an approximate description of the course. They will not form part of the Contract or have any contractual force.

The courses delivered may differ in non-material respects from any information provided. Any typographical, clerical or other error or omission in any description, sales literature, price list, proposal or invoice issued by us will be subject to correction without liability on our part.

We may amend the content of the courses from time to time without notice to you, including (without limitation) where required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the courses offered.

We do not give any representation, warranty or undertaking in relation to the courses. Any representation, undertaking, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that a course is suitable for your purposes and do not guarantee any specific results from participating in a Course.

Membership

If you purchase a membership, this will be made available by us on your instruction to the relevant user(s) for whom you have purchased the membership for, during the Term.

The maximum number of users that you authorise to access a collection of courses/relevant materials included in the membership shall not exceed the number of users you have purchased for that membership as specified in your confirmation of your order.

Additional users

If you wish to add further users to courses and/or memberships, you may do so by emailing [email protected]. A further payment will be required to add further members.

LMS Services

You may utilise our LMS Dashboard to allocate, manage and access courses and/or membership for you and/or your users.

We shall use reasonable endeavours to ensure that our LMS is available 24 hours a day, seven days a week, subject to any planned, unscheduled and emergency maintenance.

We shall not be responsible for any delays, failures (whether in whole or in part) of the LMS, or for any losses, claims, costs, expenses or damages resulting from any such delays or failures to the extent that such delay or failure of the LMS is caused by: your, or your users’, use of the LMS contrary to our instructions; your, or your users’, modification or alteration of the LMS by any third party other than by us, or our authorised contractors or agents.

We shall use reasonable endeavours to procure that your use of the LMS will be uninterrupted, but you hereby agree and acknowledge that we cannot guarantee this or that the LMS will be error-free or will meet your, or your users’, requirements.

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities (including, without limitation, via the LMS).

All Intellectual Property Rights in the LMS shall be owned by us or our licensors (as the case may be). Except as expressly stated herein, the Contract does not grant you, or your users, any rights to or in, any Intellectual Property Rights in respect of the LMS and/or any content that is delivered through this website.

Users

You will ensure that all users comply with your obligations under the Terms of Service and will be primarily liable for their acts and/or omissions. If you become aware of any violation of your obligations under the Contract by a User, you will immediately terminate that user’s access or contact us directly to terminate the access by emailing [email protected].

You shall ensure that each user registered for our website, lorrainehunt.com, shall be bound by (i) the terms of service set out on this page, and our Privacy Policy. Each user will keep a strong and secure password for his/her use of this website, which shall be kept confidential.

You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, our services, courses and/or membership and, in the event of any such unauthorised access or use, promptly notify us by email to [email protected].

Your obligations

You must provide us with such information, materials and co-operation as we may reasonably require in order to supply our services, courses and/or membership, and ensure that such information is complete and accurate; and maintain all licences, consents, and permissions necessary that you are responsible for, to enable us to provide services, courses and/or membership.

You may not:

Access, store, distribute or transmit any viruses, or any material during your use of these services that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; promotes unlawful violence; or is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity, and we reserve the right, without liability to you, to disable your access to any material that breaches the provisions of this.

Access all or any part of the services, courses and/or membership we provide in order to build a product or service which competes with us (or any part of them) or attempt to obtain, or assist third parties in obtaining, access to the services, courses, and/or memberships, other than as provided under the Terms of Services and any contracts created therein;other than as allowed by applicable law, attempt to copy, modify, duplicate, create works from, frame, republish, download, display, mirror, transmit, or distribute all or any portion of the content we make available to you in connection with the content we produce, or attempt to reverse engineer in any way or otherwise reduce the content anywhere within this site, or during offline services provided to you.

You shall not be permitted to sub-licence the rights granted to you under this contract, nor sell or otherwise permit third parties to access the except as expressly set out in the Proposal.

You shall ensure eligible third parties shall comply with the terms of service herein and/or any contract for services, courses and/or membership. You remain fully liable for all acts and omissions of the third parties.

Charges

You must pay the prices quoted either (i) on our website at the time you submit your order, or (ii) in our proposals (where applicable), or (iii) in the case of a
membership, the prices quoted on our website on expiry of the initial term, or the prices quoted in any updated proposal.

Unless stated otherwise, our Charges are exclusive of VAT.

Unless otherwise stated, payment for our services purchased online is in advance and must be received in full before your order will be processed. Payment for the services, courses and/or membership will be taken at the time of order through our third-party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

If you purchase services, courses/or membership offline, an invoice (either electronic or paper) will be provided, together with the proposal if relevant, and you must pay the amount due under any such invoice in full and cleared funds into the bank account nominated by us from time to time prior to any services, courses and/or memberships are delivered to you.

Suspension

Without prejudice to any of our other rights or remedies, we may suspend your (and/or your users) access to services, courses and/or membership immediately if we at any time reasonably believe that you, or any of your users, are in breach of these Terms of Service, and/or contract provisions contained within any proposal, including if you are late in paying for services, courses and/or membership by more than 10 day; you, or any of your users’ breaches our website or LMS usage policies, or privacy policy, or creates a security risk to us or any third party; or you, or any of your users’ use of the website, services, courses and/or membership adversely impacts our systems, our content, any of our other customers or learners.

We will only be obliged to lift any suspension if you have remedied the cause of suspension to our reasonable satisfaction.

You shall remain liable for our charges notwithstanding any suspension.

Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the services, courses and/or membership we provide and the content therein (other than Intellectual Property Rights in any materials provided by you) will be owned by us.

We agree to grant you a non-exclusive, royalty-free licence during the Term to use the deliverables specified in your order (excluding materials provided by you) for the purpose of receiving and using our services, courses and/or membership and such deliverables.

Data Protection

In fulfilling our obligations under the Contract, we may collect personal data from you both in the capacity of a controller and a processor. Where we do so, the terms of our Privacy Policy shall apply.

Liability

Nothing in the Contract limits or excludes our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or any other liability which cannot be limited or excluded by applicable law.

We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, misrepresentation, restitution or otherwise, arising under or in connection with the Contract for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of management or office time; (vii) loss of or damage to goodwill; or (viii) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

We try to ensure that our website is always available to you. If our website is unavailable at any time and for any period (for whatever reason), we shall not be liable to you for any losses suffered or incurred as a result.

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 the Contract that is caused by any act or event beyond our reasonable control, including but not limited to, server failures, software failures, 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, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

Either you or we may cancel the contract affected by any event outside of our control which has continued for more than 30 days.

Other important terms

.Any notice or other communication given under or in connection with the Contract must be in writing and be delivered via email. A notice or other communication is deemed to have been received by 9.00 am the next business day after transmission (a business day being Monday to Friday, and excludes weekends).

Assignment and transfer

We may assign or transfer our rights and obligations under the contract to another entity on written notice to you. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

Variation

We may revise these Terms of Service from time to time to (i) change how we accept payment from you, (ii) reflect any necessary changes in relevant laws and regulatory requirements, (iii) to reflect any changes to our operating or delivery processes, or (iv) to amend the charges for a membership.

Any other variation of the Terms of service only has effect if it is in writing and signed by you and us (or our respective authorised representatives)

Waiver

If we do not insist that you perform any of your obligations under the Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

Entire agreement

These Terms of Service is the entire agreement between you and us in relation to its subject matter (unless other terms are specified in any proposal we agree with you). You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Terms of Service and/or proposal that has been agreed, save that this shall not limit any claim by you for our fraudulent misrepresentation.

Severance

Each paragraph of these Terms of Service operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Third Party Rights

The Contract is between you and us. No other person has any rights to enforce any of its terms.

Governing law and Jurisdiction

These Terms of Service are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the services, courses and/or membership to the exclusive jurisdiction of the English courts.

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