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Terms of Sale

Terms of Sale for Online Courses

(A) These Terms of Sale set out the terms and conditions on which Our Courses are accessed via Subscriptions, are sold by Us to business clients through this website, www.grahamgodfrey.com (“Our Site”).

 

(B) Before you purchase a Subscription from Us, you must read these Terms of Sale carefully and ensure that you understand them. You are required to read and accept these Terms of Sale before placing your order for a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Our Courses through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

 

1. Definitions and Interpretation 

a) In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

 

“Contract”

means a contract for the purchase of a Subscription to access Our Courses, as explained in Clause 6;

“Data Protection Legislation”

means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;

“Intellectual Property Rights”

means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, Know-how, trade secrets, trade-marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever existing;

“Our Courses”

means the digital training course materials content sold by Us through Our Site;

“Subscription”

means a paid subscription to Our Site providing access to Our Courses;

“Subscription Confirmation”

means the acceptance and confirmation of your purchase of a Subscription;

“Subscription ID”

means the reference number for your Subscription; and

“We/Us/Our”

means GGLG Ltd, a company registered in England under number 09661093, whose registered address is 3rd Floor, Lawford House, Albert Place, London, N3 1QA.

 

2. Information About Us

a) Our Site,  www.personalprotection.academy, is owned and operated by Us. 

b) Our VAT number is 393170001.

3. Access to and Use of Our Site

a) Access to Our Site is free of charge.

b) It is your responsibility to make any and all arrangements necessary in order to access Our Site.

c) Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

d) Use of Our Site is subject to Our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

4. Business Customers and Consumers

a) These Terms of Sale apply to business customers only and do not apply to individual consumers purchasing Our Courses for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).  

b) These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Our Courses from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

5. Subscriptions, Our Courses, Pricing and Availability

a) Prices for Subscriptions for Our Courses are set out and explained on Our Site.

b) We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription.  We will inform you of any change in price at least one month before the change is due to take effect.  

c) Minor changes may, from time to time, be made to certain Our Courses, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues.  These changes will not alter the main characteristics of the Our Courses and should not normally affect your use of that Our Courses.  However, if any change is made that would affect your use of the Our Courses, suitable information will be provided to you.

d) We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. All pricing information is reviewed and updated from time to time.  Changes in price will not affect any order that you have already placed (please note sub-Clause 5.6 regarding VAT, however).

e) All prices are checked by Us before We accept your order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.  If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within fourteen days, We will treat your order as cancelled and notify you of this in writing.

f) Prices on Our Site are shown inclusive of VAT.  If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

a) Our Site will guide you through the process of purchasing a Subscription.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.

b) If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it.  If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.  We will not be responsible for any delay in the availability of Our Courses that results from you providing incorrect or incomplete information.

c) No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email.  Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.

d) Subscription Confirmations shall contain the following information:

    • [Your Subscription ID;]
    • [Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Our Courses available as part of it;]
    • Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;
    • The duration of your Subscription including the start date, and the expiry date;

e) In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.

f) Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

g) Refunds under this Clause 6 will be made wherever possible using the same payment method that you used when purchasing your Subscription.

h) For the purposes of this Clause 6 the terms ‘Us’ and ‘Our’ shall as and when the context requires include a Delivery Platform.

7. Payment

a) Payment for Subscriptions must always be made in advance of accessing Our Courses. 

b) Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

c) If you do not make any payment due to Us on time, We will suspend your access to the Our Courses. For more information, please refer to sub-Clause 8.4.  If you do not make payment within seven days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.

d) If you believe that We have charged you an incorrect amount, please contact Us at hello@personalprotection.academy as soon as reasonably possible to let Us know. You will not be charged for Our Courses while availability is suspended.

8. Provision of Our Courses

a) Our Courses appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.

b) In some limited circumstances, We may need to suspend the provision of Our Courses (in full or in part) for one or more of the following reasons:

    • To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2; or
    • To update Our Courses to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2.

c) If We need to suspend availability of the Our Courses for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Our Courses, in which case We will inform you as soon as reasonably possible after suspension).  

d) We may suspend provision of the Our Courses if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within seven days of Our notice, We may suspend provision of the Our Courses until We have received all outstanding sums due from you.  If We do suspend provision of the Our Courses, We will inform you of the suspension.  You will not be charged for any Our Courses while provision is suspended.

9. Licence

a) We will own (and retain) all Intellectual Property Rights (at all times throughout the world) in all Our Courses but when You purchase a Subscription to access Our Courses We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You when you purchase a Subscription to access Our Courses. The licence granted to you does not give you any rights in Our Courses (including any material that We may licence from third parties).

b) The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

    • You may not download, copy, rent, sell, publish, republish, share, broadcast or otherwise transmit Our Courses (or any part of them) to any person or other legal entity or make them available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’); 
    • You may not share or disseminate by any means any of the Courses with any person or other legal entity without our express written consent;
    • You may only grant access to Our Courses to the number of persons specified in the Subscription you have purchased. Any breach of or attempt to breach this important restriction will result in your Subscription being cancelled with immediate effect and no refund of any part of the purchase price will be made in respect of any balance of the Subscription period following such cancellation.

10. Disclaimer and Our Liability

a) We do not warrant that any of Our Courses will improve or enhance sales, productivity, turnover, profitability or to achieve or result in any particular outcome or result. 

b) Our Courses are designed and supplied solely for training, educational and informational purposes and are not intended to serve as business advice and their use should not be construed as any guarantee or warranty of achieving any specific business results. 

c) The effectiveness and usefulness of Our Courses may vary depending on individual circumstances and the relative experience and/or qualifications of those who use or engage with them, including their attention span and efforts to carry out any exercises or tests contained within Our Courses, as well as external circumstances. 

d) Subject to sub-Clause 10.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

e) Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total sums paid by You for Your Subscription to Our Courses.

f) Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

g) Without prejudice to the foregoing and to the fullest extent permitted by law, We disclaim any liability for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with the use of Our Courses.

11. Events Outside of Our Control (Force Majeure)

a) We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

b) If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

    • We will inform you as soon as is reasonably possible;
    • We will take all reasonable steps to minimise the delay;
    • To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
    • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Our Courses as necessary;
    • If the event outside of Our control continues for more than one month We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within fourteen days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription;
    • If an event outside of Our control occurs and continues for more than one month and you wish to cancel the Contract as a result, you may do so using the following details:
    • Telephone: 0203 9055600;
    • Email:  hello@personalprotection.academy;
    • In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within fourteen days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription.

12. Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 0203 9055600, by email at hello@personalprotection.academy.

13. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14. How We Use Your Personal Information (Data Protection)

a) All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

b) For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

15. Other Important Terms

a) We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

b) You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  

c) The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

d) If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

e) No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

f) We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).

16. Law and Jurisdiction

a) These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

b) Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.