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This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website https://www.giftedforaction.com/ (our site) to you. Please read these Terms carefully before ordering any Courses from our site.
You should print a copy of these terms and conditions for your future reference.
By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.
https://www.giftedforaction.com/ is a site operated by the Online Leadership Academy CIC ("we" or "us"). Our address is 272 Kings Road, Birmingham B11 2AB and our email address is info@onlineleadershipacademy.org.uk
Our site is primarily intended for use by people resident in the United Kingdom.
By placing an order through our site, you warrant and confirm that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old; and
(c) You will only use a Course for your business use and you may not sell, publish, or distribute such document or use it in whole or in part to create another document
4.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order is an offer to us to buy a Course. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Course is available for access or download (the Download Confirmation). The contract between us (Contract) will only be formed when we send you the Download Confirmation.
4.2 The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation. We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.
4.3 If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - namely you are buying the course as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:
(a) you have the right to cancel this agreement within 14 days of the date of this agreement by email us at info@onlineleadershipacademy.org.uk or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise to the right to cancel befor the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
(b) notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 4.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
(c) in relation to the providion of any additional services under this Contract:
(i) you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
(ii) if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
If you are not purchasing as a consumer, the above provisions shall not apply.
5.1 Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the even that our automated systems do not work immediately, please contact info@onlineleadershipacademy.org.uk to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.
5.2 Any digital materials included as part of the course require the following hardware and software and other functional requirements in order to be fully used:
5.3 Any digital materials included in the course have the following technical protection measures:
Limited Access – Access to digital materials may be restricted to registered participants only, with measure in place to prevent unauthorised distribution or sharing.
Participants are responsible for safeguarding their login passwords, user IDs, and ensuring the security of their access to the online content and digital material provided in the Programme.
Examples of Digital Rights Management strategies (technical protection measures referred to in clause 5.3 above) include software licenses and keys, user authentication and IP authentication protocols, proxy servers, virtual private networks (VPNs), regional restriction or geoblocking, and designing products to only work on specialised hardware or software.
6.1 You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.
6.2 As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.
6.3 We shall enforce our Intellectual Propery Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.
6.4 You may not without our prior written consent make any audio or visual recordings of any part of the course.
6.5 The materials we deliver as part of the course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed on you on the materials within the course.
6.6 We will endeavour to ensure that all information that we provide within the course is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
7.1 The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.
7.2 These prices include VAT except where expressly stated otherwise.
7.3 Where your order includes onging access to the course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If youwish to continue to have access to the course materials, you must renew your membership in the manner advised on our site.
7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.
7.5 Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.
8.1 As you are able to dowload, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.
8.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.1 Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether experess or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, mechantability and accuracy shall apply.
9.2 Nothing in these terms attempts to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).
9.3 If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.
9.4 By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:
however arising and whether caused by tort (includnig negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.
You agree that our communications with you will be mainly electronic and via email. We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given to you to us must be given FAO Oenca Fontaine, the Online Leadership Academy CIC, at 272 Kings Road, Birmingham B11 2AB and emailed to info@onlineleadershipacademy.org.uk We may give notice to you at the email address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the adressee.
12.1 You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract of any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us or any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
If any of these terms and Condition or any provision of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.1 These terms and conditions and any document expressly referrred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other to be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
The materials appearing on Companies web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
The Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user's own risk.
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven workding days of receipt by you of the Course.
Contracts for the purpose of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
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