This
agreement applies as between you, the User of this Website and , the
owner(s) of this Website. Your agreement to comply with and be bound by Clauses
1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon
your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of
Services. If you do not agree to be bound by these Terms and Conditions, you
should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable
of acceptance. Your order constitutes a contractual offer and Our acceptance of
that offer is deemed to occur upon Our sending a confirmation email to you
indicating that your order has been accepted.
In this
Agreement the following terms shall have the following meanings:
"Account":
means collectively the personal information, Payment Information and
credentials used by Users to access Paid Content and / or any communications
System on the Website;
"Content":
means any text, graphics, images, audio, video, software, data compilations and
any other form of information capable of being stored in a computer that
appears on or forms part of this Website;
"Facilities":
means collectively any online facilities, tools, services or information
that makes available through the Website either now or in the
future;
"Services":
means the services available to you through this Website, specifically use of
the proprietary e-learning platform;
"Payment
Information": means any details required for the purchase of Services from
this Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
"Premises":
Means Our place(s) of business located at 3rd Floor, 15 Worship
Street, London EC2A 2DT
"System":
means any online communications infrastructure that makes available
through the Website either now or in the future. This includes, but is not
limited to, web-based email, message boards, live chat facilities and email
links;
"User"
/ "Users": means any third party that accesses the Website and is not
employed by Ltd and acting in the course of their employment;
"Website":
means the website that you are currently using (www.prosperocourses.com)
and any sub-domains of this site (prosperoteaching.com) unless expressly
excluded by their own terms and conditions; and
"We/Us/Our":
means , a company incorporated in the UK with Company registration Number 04010426,
located at 3rd Floor, 15 Worship Street, London EC2A 2DT.
Persons
under the age of 18 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an
Adult.
These Terms
and Conditions also apply to customers procuring Services in the course of
business.
- 4.1 Subject to the exceptions in Clause 5 of
these Terms and Conditions, all Content included on the Website, unless
uploaded by Users, including, but not limited to, text, graphics, logos,
icons, images, sound clips, video clips, data compilations, page layout,
underlying code and software is the property of , our affiliates or
other relevant third parties. By continuing to use the Website you
acknowledge that such material is protected by applicable UK and
International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use material
from the Website unless otherwise indicated on the Website or unless given
Our express written permission to do so.
- 5.1 Unless otherwise expressly indicated,
all Intellectual Property rights including, but not limited to, Copyright
and Trademarks, in product images and descriptions belong to the
manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use such
material unless otherwise indicated on the Website or unless given express
written permission to do so by the relevant manufacturer or supplier.
Material
from the Website may be re-used without written permission where any of the
exceptions detailed in Chapter III of the Copyright Designs and Patents Act
1988 apply.
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of 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.
Those
wishing to place a link to this Website on other sites may do so only to the
home page of the site www.prosperocourses.com without Our
prior permission. Deep linking (i.e. links to specific pages within the site)
requires our express written permission. To find out more please contact us by
email.
-
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1 When using any System on the Website you
should do so in accordance with the following rules. Failure to comply
with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is
unlawful or otherwise objectionable. This includes, but is not limited to,
Content that is abusive, threatening, harassing, defamatory, ageist,
sexist or racist;
- 9.1.3 You must not submit Content that is intended
to promote or incite violence;
- 9.1.4 It is advised that submissions are made using
the English language as We may be unable to respond to enquiries submitted
in any other languages;
- 9.1.5 The means by which you identify yourself
must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people,
particularly employees and representatives of or Our
affiliates; and
- 9.1.7 You must not use Our System for
unauthorised mass-communication such as "spam" or "junk
mail".
- 9.2 You acknowledge that reserves the
right to monitor any and all communications made to Us or using Our
System.
- 9.3 You acknowledge that may retain
copies of any and all communications made to Us or using Our System.
- 9.4 You acknowledge that any information you
send to Us through Our System may be modified by Us in any way and you
hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon Our use of such
information must be communicated to Us in advance and We reserve the right
to reject such terms and associated information.
- 10.1 In order to procure Services on this
Website and to use certain other parts of the System, you are required to
create an Account which will contain certain personal details and Payment
Information which may vary based upon your use of the Website as We may
not require payment information until you wish to make a purchase. By
continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate
and truthful;
- 10.1.2 you have permission to submit Payment
Information where permission may be required; and
- 10.1.3 you will keep this information accurate
and up-to-date. Your creation of an Account is further affirmation of your
representation and warranty.
- 10.2 It is recommended that you do not share
your Account details, particularly your username and password. We accept
no liability for any losses or damages incurred as a result of your
Account details being shared by you. If you use a shared computer, it is
recommended that you do not save your Account details in your internet
browser.
- 10.3 If you have reason to believe that your
Account details have been obtained by another person without consent, you should
contact Us immediately to suspend your Account and cancel any unauthorised
orders or payments that may be pending. Please be aware that orders or
payments can only be cancelled up until provision of Services has
commenced. In the event that an unauthorised provision commences prior to
your notifying Us of the unauthorised nature of the order or payment then
you shall be charged for the period from the commencement of the provision
of services until the date you notified us and may be charged for a billing
cycle of one month.
- 10.4 When choosing your username you are
required to adhere to the terms set out above in Clause 9. Any failure to
do so could result in the suspension and/or deletion of your Account.
- 11.1 Either or you may terminate
your Account. If We terminate your Account, you will be notified by email
and an explanation for the termination will be provided. Notwithstanding
the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any
current or pending orders or payments on your Account will be cancelled
and provision of Services will not commence.
- 12.1 Whilst every effort has been made to
ensure that all general descriptions of Services available
from correspond to the actual Services that will be provided to
you, We are not responsible for any variations from these descriptions as
the exact nature of the Services may vary depending on your individual requirements
and circumstances. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to variations of the correct
Services, not different Services altogether. Please refer to sub-Clause
13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required
to select the required Plan of Services.
- 12.3 We neither represent nor warrant that
such Services will be available at all times and cannot necessarily
confirm availability until confirming your Order. Availability indications
are not provided on the Website.
- 12.4 All pricing information on the Website
is correct at the time of going online. We reserve the right to change
prices and alter or remove any special offers from time to time and as
necessary.
- 12.5 In the event that prices are changed during
the period between an order being placed for Services and Us processing
that order and taking payment, then the price that was valid at the time
of the order shall be used.
- 13.1 No part of this Website constitutes a
contractual offer capable of acceptance. Your order constitutes a
contractual offer that We may, at Our sole discretion, accept. Our
acceptance is indicated by Us sending to you an order confirmation email.
Only once We have sent you an order confirmation email will there be a
binding contract between and you.
- 13.2 Order confirmations under sub-Clause
13.1 will be sent to you before the Services begin and shall contain the
following information:
- 13.2.1 Confirmation of the Services ordered
including full details of the main characteristics of those Services;
- 13.2.2 Fully itemised pricing for the Services
ordered including, where appropriate, taxes, delivery and other additional
charges;
- 13.2.3 Relevant times and dates for the
provision of the Services;
- 13.2.4 User credentials and relevant
information for accessing those services.
- 13.3 If We, for any reason, do not accept
your order, no payment shall be taken under normal circumstances. In any
event, any sums paid by you in relation to that order will be refunded
within 14 calendar days.
- 13.4 Payment for the Services shall be taken
via your chosen payment method, immediately for any setup fee that
corresponds to the service plan you purchased and at the same day of each
subsequent month (“billing cycle”) for charges accrued during the previous
month (“billing cycle”) AND/OR as indicated in the order confirmation you
received.
- 13.5 We aim to fulfill your Order within 2-3
working days or if not, within a reasonable period following your Order,
unless there are exceptional circumstances. If we cannot fulfill your
Order within a reasonable period, we will inform you at the time you place
the Order by a note on the relevant web page or by contacting you directly
after you place your Order. Time is not of the essence of the Contract,
which means we will aim to fulfill your Order within any agreed timescales
but this is not an essential term of the Contract and we will not be
liable to you if we do not do so. If the Services are to begin within 14
calendar days of Our acceptance of your order, at your express request,
you will be required to expressly acknowledge that your statutory
cancellation rights, detailed below in Clause 14, will be affected.
- 13.6 shall use all Our reasonable
endeavours to provide the Services with reasonable skill and care,
commensurate with best trade practice.
- 13.7 In the event that Services are provided
that are not in conformity with your order and thus incorrect, you should
contact Us immediately to inform Us of the mistake. We will ensure that
any necessary corrections are made within five (5) working days.
- Additional terms and conditions may apply to the provision of
certain Services. You will be asked to read and confirm your acceptance of
any such terms and conditions when completing your Order.
- 13.8 provides technical support via our
online support forum and/or phone. makes every effort possible to
respond in a timely manner but we do not guarantee a particular response
time.
We want you
to be completely satisfied with the Products or Services you order from .
If you need to speak to us about your Order, then please contact customer care
on +44 (0) 207 404 6383, or by email at or write to us at our address (see
section 1 above). You may cancel an Order that we have accepted or cancel the
Contract. If any Specific Terms accompanying the Service contain terms about
cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the
European Union, you have a statutory right to a “cooling off” period. This
period begins once your order is confirmed and the contract
between and you is formed and ends at the end of 14 calendar
days after that date. If you change your mind about the Services within
this period and wish to cancel your order, please inform Us immediately
using the following email: . Your right to cancel during the cooling
off period is subject to the provisions of sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the
Services are to begin within the cooling off period you are required to
make an express request to that effect. By requesting that the Services
begin within the 14 calendar day cooling off period you acknowledge and
agree to the following:
- 14.2.1 If the Services are fully performed
within the 14 calendar day cooling off period, you will lose your right to
cancel after the Services are complete.
- 14.2.2 If you cancel the Services after
provision has begun but is not yet complete you will still be required to
pay for the Services supplied up until the point at which you inform Us
that you wish to cancel. The amount due shall be calculated in proportion
to the full price of the Services and the actual Services already
provided. Any sums that have already been paid for the Services shall be
refunded subject to deductions calculated in accordance with the
foregoing. Refunds, where applicable, will be issued within 5 working days
and in any event no later than 14 calendar days after you inform Us that
you wish to cancel.
- 14.3 Cancellation of Services after the 14
calendar day cooling off period has elapsed shall be subject to the
specific terms governing those Services and may be subject to a minimum
contract duration.
Use of the
Website is also governed by Our Privacy Policy (www.prosperocourses.com/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
- 16.1 All personal information that We may
collect (including, but not limited to, your name and address) will be
collected, used and held in accordance with the provisions of the Data
Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal information to:
- 16.2.1 Provide Our Services to you;
- 16.2.2 Process your payment for the Services;
and
- 16.2.3 Inform you of new products and services
available from Us. You may request that We stop sending you this
information at any time.
- 16.3 In certain circumstances (if, for
example, you wish to purchase Services on credit), and with your consent, we
may pass your personal information on to credit reference agencies. These
agencies are also bound by the Data Protection Act 1998 and should use and
hold your personal information accordingly.
- 16.4 We will not pass on your personal
information to any other third parties without first obtaining your
express permission.
- 17.1 We make no warranty or representation
that the Website will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular purpose, that
it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any
specific results from the use of our Service or Services.
- 17.2 No part of this Website is intended to
constitute advice and the Content of this Website should not be relied
upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavours to ensure
that the Website is secure and free of errors, viruses and other malware,
you are strongly advised to take responsibility for your own internet
security, that of your personal details and your computers.
We reserve
the right to change the Website, its Content or these Terms and Conditions at
any time. You will be bound by any changes to the Terms and Conditions from the
first time you use the Website following the changes. If We are required to
make any changes to these Terms and Conditions by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
- 19.1 The Website is provided “as is” and on
an “as available” basis. uses industry best practices to provide a
high uptime, including a fault-tolerant architecture hosted in cloud
servers. We give no warranty that the Website or Facilities will be free
of defects and / or faults and we do not provide any kind of refund for
outages. We provide no warranties (express or implied) of fitness for a
particular purpose, accuracy of information, compatibility and
satisfactory quality.
- 19.2 We accept no liability for any
disruption or non-availability of the Website resulting from external
causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
- 20.1 To the maximum extent permitted by law,
We accept no liability for any direct or indirect loss or damage,
foreseeable or otherwise, including any indirect, consequential, special
or exemplary damages arising from the use of the Website or any
information contained therein. You should be aware that you use the
Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes
or restricts .
- 20.3 Nothing in these Terms and Conditions
excludes or restricts liability for any direct or indirect
loss or damage arising out of the incorrect provision of Services or out
of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are
found to be unlawful, invalid or otherwise unenforceable, that term is to
be deemed severed from these Terms and Conditions and shall not affect the
validity and enforceability of the remaining Terms and Conditions. This
term shall apply only within jurisdictions where a particular term is
illegal.
In the event
that any party to these Terms and Conditions fails to exercise any right or
remedy contained herein, this shall not be construed as a waiver of that right
or remedy.
In the
event of any conflict between these Terms and Conditions and any prior versions
thereof, the provisions of these Terms and Conditions shall prevail unless it
is expressly stated otherwise.
Nothing in
these Terms and Conditions shall confer any rights upon any third party. The
agreement created by these Terms and Conditions is between you and Prospero
Teaching.
- 24.1 All notices / communications shall be
given to Us either by post to Our Premises (see address above) or by email
to . Such notice will be deemed received 3 days after posting if sent
by first class post, the day of sending if the email is received in full
on a business day and on the next business day if the email is sent on a
weekend or public holiday.
- 24.2 We may from time to time, if you opt to
receive it, send you information about Our products and/or services. If
you do not wish to receive such information, please click on the
‘Unsubscribe’ link in any email which you receive from Us.
These Terms
and Conditions and the relationship between you and shall be
governed by and construed in accordance with the Law of England and Wales
and you agree to submit to the exclusive jurisdiction of the UK.