Terms and Conditions
The Skills Gap programmes are made available by Skills Gap Learning Limited, a company registered in England under company number 12605992 05174136, with its registered office at 13 Carlyle Road, West Bridgford, Nottingham, NG2 7NS (the "Company").
1. UNDERSTANDING THESE TERMS
1.1 When certain words and phrases are used in these Terms and Conditions (these "Terms"), they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in bold text and speech marks).
1.2 In these Terms, when we refer to "we", "us" or "our", we mean the Company; and when we refer to "you" or "your" we mean you, the person ordering and receiving the Services. Please note that:
1.2.1 if you have ordered the Services on behalf of a Minor, the Minor will receive the benefit of the Services; and
1.2.2 references to "your Minor" throughout these Terms will only apply to the extent that you have placed an Order on behalf of a Minor.
1.3 These Terms set out the terms on which we provide, and you access, the Services.
1.4 Please note that:
(b) to receive the Services you or your Minor:
(i) must also review and agree to our Code of Conduct;
(ii) must ensure that any devices which are used to access the Services meet the System Requirements; and
(iii) must satisfy the Age Requirement.
2. DEFINITIONS AND INTERPRETATION
2.1 The following definitions apply to these Terms:
"Applicable Law" means in respect of either Party, all laws, statutes, regulations, directions, guidelines and codes of conduct of any governmental or other regulatory body of competent jurisdiction, and any orders of any court or other tribunal of competent jurisdiction which are applicable to the performance by that Party of its obligations or enjoyment of its rights under these Terms;
"Charges" means the price for the Services as set out during the Order process;
"Content" means all content (including any audio, visual or audio-visual content) provided by us to you or your Minor in the provision of the Services, including materials provided to you or your Minor in relation to the Workshop;
"Confirmation Email" has the meaning in clause 3.4;
"Contract" has the meaning given in clause 3.4;
"Workshop" means the online learning programme(s) provided by us to you or your Minor, as further detailed in your Order;
"Age Requirement" means that you are, or that your Minor is 14, 15, 16, 17, 18, 19, 20 years of age;
"Intellectual Property Rights" means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
"Minor" has the meaning in clause 3.2;
"New Service Provider" has the meaning in clause 13.2;
"Order" means an order for the Services placed by you with us in accordance with these Terms (and "Ordered" shall be construed accordingly);
"Party" means each of you and us;
"Payment Methods" has the meaning given to it in clause 6.7;
"Services" means the Workshop, the Content and any other services set out in your Order;
"Site" means <a href="http://www.skillsgap.tech;
" System" class="redactor-autoparser-object">www.skillsgap.tech<a href="http://www.skillsgap.tech;
" ... Requirements" means the system requirements set out in the FAQs: ‘What computer hardware and software will I need?’; and
"Third Party Services" means third party services and/or websites;
"User Generated Content" has the meaning given to it in clause 5.7;
2.2 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
2.3 References to “clauses” are to the clauses of these Terms.
2.4 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3.1 You must be at least 18 years old to place an Order with us. If you are under 18 then you must have your parent or legal guardian's permission.
3.2 We acknowledge that you may be placing an Order with us in order for your children to receive the Services. You may allow your children who are under the age of 18 to access the Services (each, a "Minor") provided that you acknowledge and agree that:
3.2.1 you are responsible for ensuring that your Minor complies with these Terms;
3.2.2 you are responsible for the actions of your Minor whilst they use the Services; and
3.2.3 we have no contractual relationship with your Minor and these Terms form a contract between you and us only.
3.3 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.
3.4 Your Order for the Services is an offer by you to enter into a contract with us. When you place an Order, we will confirm our acceptance of your Order by sending you a confirmation email (the "Confirmation Email"). These Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms and shall be a new and separate contract ("Contract") between you and us.
4. PROVIDING THE SERVICES
4.1 Following completion of your Order in accordance with clause 3, you or your Minor will be able to remotely attend the Workshop on the date specified in your Order. We will provide you or your Minor with a link in advance of the Workshop so that you or your Minor can access the Workshop online.
4.2 In order to attend the Workshop, you will need to ensure that any device(s) you use meet the System Requirements. You are responsible for making all arrangements necessary to ensure that you or your Minor can attend the Workshop. We will not be liable to you if you are unable to meet the System Requirements or if you fail to make all arrangements necessary to ensure that you can attend the Workshop.
4.3 We shall endeavour to provide constant, uninterrupted access to the entire Workshop. However, please note that the Workshop will be provided on Third Party Services and we cannot guarantee that your access to those Third Party Services will be uninterrupted or secure.
4.4 If we use a Third Party Service to provide the Services and you or your Minor are unable to access the Services because that Third Party Service is unavailable, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of the Services you were unable to access while the Third Party Service was unavailable.
4.5 Please note that we may need to make changes to the scheduling of a Workshop if unforeseen circumstances arise, such as a Workshop teacher being unwell. Where this is the case, we will provide you or your Minor with notice, in advance where possible, of the sessions to be rescheduled and the new day and/or time during which it will take place. Scheduling changes made pursuant to this clause 4.5 may result in parts of a Workshop taking place on a different day and/or time.
5. YOUR OBLIGATIONS
5.1 You confirm that you and your Minor have read and will adhere to the Code of Conduct.
5.2 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services and for ensuring that any device(s) you or your Minor use meet the System Requirements.
5.3 You are responsible for ensuring that you have internet access to attend the Workshop or to enable your Minor to attend the Workshop. We recommend that, as a minimum, your download speed is 10Mbps and your upload speed is 5Mbps.
5.4 You confirm that you or your Minor satisfy the Age Requirement and will continue to satisfy the Age Requirement for the duration of this Contract.
5.5 We only supply the Services for domestic and private use. You agree not to use and shall procure that your Minor does not use the Services, including the Content, for any commercial or business purposes, unless you or your Minor have our prior consent to do so
5.6 You agree that you shall not and shall procure that your Minor does not:
5.6.1 use the Services to develop or provide, directly or indirectly, any product or service that competes with our business;
5.6.2 use the Services in any way which might infringe any third party rights, including third party Intellectual Property Rights;
5.6.3 use the Services in any way that is contrary to Applicable Law;
5.6.4 modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Services;
5.6.5 archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) the Content and information contained on or obtained from or through the Service without our prior written consent;
5.6.6 use the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Services (including the Content) for use within a third party website or application;
5.6.7 copy, or otherwise reproduce or re-sell any part of the Content unless expressly permitted to do so in these Terms; or
5.6.8 provide or otherwise make available the Content in whole or in part in any form to any person without our prior written consent.
User Generated Content
5.7 Any content that you or your Minor supply/upload as part of the Workshop or otherwise when using the Site, whether it be pictures, text, videos, sound recordings or whatever ("User Generated Content") must comply with the following rules:
5.7.1 it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
5.7.2 it must not harass or bully another person;
5.7.3 it must be true and honest so far as you know;
5.7.4 it must not be defamatory of anyone;
5.7.5 it must not be unlawful;
5.7.6 it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
5.7.7 it must not contain someone else’s personal details or confidential information relating to other people; and
5.7.8 it must not promote or condone terrorism, violence or illegal behaviour.
5.8 We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
6. CHARGES AND PAYMENT
6.1 The Charges for the Services are as set out during the Order process.
6.2 The Charges shall include the price for the Services and any applicable VAT.
6.3 You shall pay to us the Charges upfront on completion of your Order.
6.4 If the price or Charge we state to you for your Order is clearly incorrect then we are not obliged to provide you with the Services at that price or Charge even if we have accepted your Order. If we notify you of a pricing error, you may receive the Services at the correct price or cancel this Contract without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Order.
6.5 In rare circumstances, we may need to increase the Charge stated for the Services at the time of your Order (for example, if the number of attendees for a particular workshop is much lower than expected). Where this is the case, we will notify you of the amount of the increased Charge. If you do not wish to pay the increased Charge for the Workshop, you may cancel this Contract without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Order.
6.7 You shall pay the Charges by any valid bank card over Stripe as set out in the Order process (the “Payment Methods”). You confirm that the card or bank account which is being used is yours, or that you have the authorisation of the card holder to use it.
6.8 You shall pay all amounts due under these Terms in full. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
7. TERMINATION, CANCELLATION AND REFUND
This clause 7 relates to your rights to cancel this Contract. You can obtain advice about your right to cancel from your local Citizens' Advice Bureau or Trading Standards Office.
7.1 This Contract will automatically terminate when the Workshop concludes in accordance with these Terms.
Cancellation and suspension by us
7.2 We may cancel this Contract with immediate effect without refunding or compensating you by giving written notice to you if:
7.2.1 you fail to pay the amount due under these Terms on the due date for payment;
7.2.2 you fail or your Minor fails to adhere to the Code of Conduct;
7.2.3 the devices you or your Minor use to access the Services do not meet the System Requirements;
7.2.4 you have agreed that you or your Minor meet the Age Requirement but we determine, in the course of providing the Services to you and acting reasonably, that this is not the case;
7.2.5 you or your Minor commit a material breach of any term of these Terms and fail to remedy such breach (if remediable) within seven days of notice by us to you or your Minor, and we shall suspend access to the Services until the earlier of: (a) such breach being remedied to our reasonable satisfaction; and (b) cancellation of this Contract by us; or
7.2.6 we reasonably believe that your use or your Minor's use of the Services is infringing or is likely to infringe any third party rights or you or your Minor are in any other way committing fraudulent activity in the use of the Services.
7.3 We may suspend the Services at any time with immediate effect if we cannot provide the Services to you or your Minor due to technical or operational reasons outside of our control. Save where we effect scheduling changes pursuant to clause 4.5 to resolve the issue, in these circumstances:
7.3.1 we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your or your Minor's Workshop: (i) if suspended, during such suspension period; and (ii) if cancelled, remaining after cancellation occurs; and
7.4 We may also cancel the Workshop if:
7.4.1 the teacher for the Workshop is not available and a suitable replacement cannot be found. In these circumstances we shall refund you, on a pro rata basis the Charges paid by you that are for the portion of the Workshop which are cancelled; or
7.4.2 we receive an insufficient number of applications for the Workshop. In these circumstances we shall provide you with a full refund.
Cancellation by you
7.5 You may cancel this Contract by giving us 48 hours' notice but please note that unless you exercise your right to cancel in accordance with clause 6.4, clause 9.1.2 or clause 13.4, you will not be entitled to a refund.
7.6 Please note that you are not entitled to the cancellation rights in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This is because the Workshop is provided on a specified date to a limited number of people. You are, however, entitled to cancel or terminate this Contract in accordance with clause 6.4, clause 9.1.2, and clause 13.4.
8. CONSEQUENCES OF CANCELLATION
8.1 On expiry of this Contract or cancellation of this Contract for any reason:
8.1.1 your or your Minor's access to the Services will be revoked; and
8.1.2 the licence granted in clause 10.1 will cease.
8.2 Clauses 10.2,10.3, 10.4,10.5, 11 and any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry will remain in full force and effect.
9. OUR RIGHT TO VARY THESE TERMS
9.1 We may need to amend or add to these Terms as they apply to the Services and will, where possible, provide you with at least thirty days' advance notice of any such changes if:
9.1.1 there is a change in the law or there are security reasons which mean that we need to change these Terms; or
9.1.2 we need to amend or add to these Terms for other reasons. If you do not agree to these changes, you have the right to cancel this Contract by contacting us at email@example.com. Upon cancellation of this Contract in accordance with this clause,
9.1.3 we shall refund you, on a pro rata basis, the Charges paid by you for the portion of your Workshop remaining after cancellation occurs.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 We grant to you or (in the case of an Order placed on behalf of a Minor) your Minor a non-transferable, non-exclusive, revocable licence to use the Content provided that you comply, or procure that your Minor complies, with these Terms and the documents referred to in them. We reserve all other rights. You are not, and your Minor is not, granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms. You must not, and shall procure that your Minor will not, use the Content (or any part of it) for commercial purposes; however, you or (in the case of an Order placed on behalf of a Minor) your Minor may download the Content solely for non-commercial, personal use.
10.2 We, or our content providers, are the owners or licence holders of the Intellectual Property Rights in the Services. You acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Services to you or your Minor.
10.3 Unless explicitly authorised pursuant to these Terms, no part of the Content or Services, including, without limitation, the text, designs, graphics, photographs and images contained in the Content or any lessons provided as part of the Workshop, may be copied, reproduced, republished, uploaded, re-posted, modified, filmed or otherwise recorded, shared on social media or any other digital or offline channels, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
10.4 When providing the Services, we may from time to time provide links to third party websites and services. You or your Minor are responsible for deciding whether to access a third party website or service and your or your Minor's use of third party websites or services will be governed by the terms of that third party website or service. We have no responsibility for any aspect of third party websites or services.
10.5 Any communications or materials (including, without limitation, any User Generated Content) you or your Minor send to us by electronic mail or other means will be treated as non-proprietary and non-confidential (other than communications in respect of your Order). We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.
11. LIMITATION OF LIABILITY
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
11.2 If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that that was caused by you failing to correctly follow installation or download instructions or to have in place the System Requirements.
11.3 Nothing in these Terms excludes or limits either Party's liability for:
11.3.1 death or personal injury caused by its own negligence;
11.3.2 fraud or fraudulent misrepresentation; or
11.3.3 any other liability which may not be limited or excluded under Applicable Law.
11.4 Nothing in these Terms affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
11.5 We only supply the Services for domestic and private use. You agree not to, and shall procure that your Minor does not, use the Services, or any Content, for any commercial or business purposes unless you or your Minor have our prior consent to do so. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.6 We are not liable for any loss or damage suffered by you as a result of your or your Minor's negligence whilst using the Services.
11.7 Our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise shall not exceed the amount of the Charges paid by you for the Services.
11.8 This clause 11 shall survive termination or expiry of these Terms.
12. THIRD PARTY RIGHTS
These Terms are made between you and us. No other person shall have any rights to enforce any of its terms except for any person to whom the benefit of these Terms is assigned or transferred in accordance with clause 13.
13.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
13.2 We may transfer our rights and obligations under these Terms in whole or in part at any time to any third party (a “New Service Provider”) without your consent in accordance with clauses 13.3 and 13.4 below.
13.3 In the event that we transfer our rights and obligations to a New Service Provider:
13.3.1 we shall give you advance written notice of such transfer;
13.3.2 these Terms shall remain in full force and effect as if you had entered into a contract with the New Service Provider as opposed to us; and
13.3.3 all your rights arising from these Terms shall be enforceable against the New Service Provider.
13.4 In the event that we transfer our rights and obligations to a New Service Provider and your rights and obligations materially change under these Terms, you have the right to cancel this Contract by contacting us at firstname.lastname@example.org. Upon cancellation in accordance with this clause 13.4, we shall refund you, on a pro rata basis, the Charges paid by you for the portion of your Workshop remaining after cancellation occurs.
14. OTHER IMPORTANT INFORMATION
14.1 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.2 If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.3 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/.... This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
15. GOVERNING LAW AND JURISDICTION
15.1 These Terms are governed by English law. This means that your access to and use of the Services and any dispute or claim arising out of or in connection with the Services or these Terms (including non-contractual disputes or claims) will be governed by English law.
15.2 You may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of England.
15.3 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 15.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
16. CONTACTING US
16.1 Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:
Skills Gap Learning Limited
13 Carlyle Road
Email address: email@example.com
Telephone number: 0115 784 5153
Terms and Conditions last updated 3rd March 2021