WORKSHOPS, TALKS AND ONLINE COURSE

STANDARD TERMS & CONDITIONS

Background

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which You can purchase access to our workshops, talks and online ‘Chasing the Aurora Borealis’ course (the Course).  Please read these Standard Terms & Conditions carefully and ensure that You understand them before agreeing to purchase access to the Course.  If You do not agree to be bound by these Standard Terms & Conditions, You will not be able to purchase access to the Course.

1.    Definitions and Interpretation 

In these Standard Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Account”means an account created by You via Our Site through which You will be given access to the Course Materials; 
“Agreement”means the agreement between You and Us pursuant to which We shall provide access to the Course to You, on the terms set out in these Standard Terms & Conditions;
“Commencement Date”means the date of the Order Confirmation;
“Confidential Information”means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed as a result of or in connection with Your participation in the Course.  Confidential Information may include (but is not limited to) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, finances, trading, software or know-how, and includes any Course Materials, whether the disclosure of information is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such;
Consumermeans a “consumer” as defined by the Consumer Rights Act 2015 who enters into a contract for purposes wholly or mainly outside the purposes of any business;
“Course”means the ‘Chasing the Aurora Borealis’ Course, access to which is provided by Us to You under the terms set out in these Terms & Conditions;
“Course Materials”means any and all materials which We may provide to You or to which You may have access as a result of Your participation in the Course;
“Data Protection Legislation”  Means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data;
“Fees”means the fees payable by You for access to the Course in accordance with Clause 6;
“Intellectual Property Rights”means:(a) any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and email addresses, unregistered trademarks and service marks, copyrights, database rights, know-how, rights in designs and inventions;(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);(c) rights in or in relation to Our Confidential Information;(d) rights of the same or similar effect or nature as or to those in paragraphs (a), (b) and (c) which now or in the future may subsist; and(e) the right to sue for past infringements of any of the foregoing rights;
“Order”means Your order for access to the Course;
“Order Confirmation”means Our acceptance and confirmation of Your Order;
“Our Site”means Our website at rebeccadouglas.co.uk together with Our sub-domain at learn.rebeccadouglas.co.uk;
“Us” or “We”means Rebecca Douglas Ltd a company registered in England & Wales under company number 08970248 with its registered office at 99 Canterbury Road, Whitstable, Kent, CT5 4HG; and
“You”means the person to whom We shall provide access to the Course under the Agreement.

2.     How the Agreement is formed

2.1 Our Site will guide You through the process of placing Your Order.

2.2 No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer to purchase access to the Course, subject to these Standard Terms & Conditions, which We may accept.  Our acceptance is indicated by sending You an Order Confirmation by email.  Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.

2.3 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.

2.4 We shall provide access to the Course to You on the terms set out in these Standard Terms & Conditions, which are incorporated into the Agreement.

2.5 The Agreement shall come into force on the Commencement Date and shall continue until it is terminated earlier in accordance with Clauses 10 – 12 (the Term).

3. The Course

3.1 A description of the Course appears on Our Site.  We shall make all reasonable efforts to ensure that the general description of the Course which appears on Our Site corresponds to the actual Course that will be provided to You.  However, We reserve the right to update and/ or change the precise nature and contents of the Course from time to time, at Our sole discretion.

3.2 We shall make the Course available to You on the terms set out in these Standard Terms & Conditions.  If you choose not to access the Course Materials, You will not be entitled to any refund of Fees.              

3.3 When You place an Order, You will be required to expressly acknowledge that You understand that Course Materials will be made available to You immediately You enter into the Agreement, and will accordingly lose any right You would otherwise have to cancel under Clause 9 to cancel the Agreement.

3.4 We expect You to satisfy yourself that the Course will meet Your needs.  We do not make any guarantee that You will obtain a particular outcome, result or opportunity from the Course.  In particular We may not guarantee that You will see or be able to photograph the Aurora Borealis as a result of participating in the Course.  Decisions as to whether and how to incorporate the principles covered in the Course are Yours alone, and results for Course participants may be different depending on a number of factors which are outside Our control.  You understand that any testimonials provided on Our Site and Our marketing communications do not and are not intended to represent or guarantee that You or any other Course participant will receive the same or similar results.  

4.    Our obligations

4.1            In providing the Course to You, We shall act at all times with reasonable skill and care, consistent with prevailing standards in the online course provider industry in the United Kingdom.  If we breach these terms, You may be entitled to a refund under Clause 10.1 or 10.2. 

4.2            We shall ensure that any persons engaged by Us to provide the Course to You have the requisite skills and experience to provide that Course.

4.3             We will make every reasonable effort to provide the Course in a timely manner.  In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone the delivery of a live session, and/ or Your access to any Course Materials.  We shall use all reasonable endeavours to resolve any such issues.  However, We shall not be liable for any delay in the provision of the Course or Course Materials due to technical issues or circumstances outside Our control.

4.4             Our obligations to You under the Agreement are limited to providing access to the Course.  Any request You may make for additional advice or assistance outside the scope of the Course described on Our Site shall not be included in the Fees.  We may at Our sole discretion decline to deal with any such request.  If We do agree to deal with any such additional request under this Clause 4.4, We may impose an additional charge for Our time.  Any such charge will be agreed with You in advance. 

 4.5 For further information on Your rights as a Consumer, please contact Your local Citizen’s Advice Bureau.

5.    Your obligations

5.1    You will need to create an Account on Our Site to access Course Materials, which will be accessed by entering a user ID and a password (together the Log In Details).  You agree that You will not under any circumstances share Your Account or Your Log In Details with any other person.  If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately by email at hello@rebeccadouglas.co.uk.

5.2 You understand and acknowledge the importance of Our Confidential Information and Intellectual Property to Our business.  You accordingly warrant and undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 7 and 8 below.

5.3           We reserve the right to suspend or terminate Your access to the Course and/ or the Course Materials if You materially breach the provisions of this Clause 5 or any of the other provisions of the Agreement.  If We suspend or terminate Your access under this Clause 5.3, no refund shall be due to You in respect of the Fees (or any part of them).

6.    1-to-1 VIP option

6.1 This Clause 6 applies to You only if You have requested a 1-to-1 in-person session (a VIP Session) with Rebecca Douglas, in return for an additional Fee to be advised to You by Us, and payable to Us in advance. 

6.2 Any VIP Session booked by You will take place at a fixed time, date and place to be agreed by You and Us in advance.

6.3 The date, time and place of any VIP Session cannot be rescheduled by You, once it has been fixed in accordance with Clause 6.2.

6.4 No refund will be given in respect of any missed VIP Session.

6.5 In exceptional circumstances, We may need to change the date, time or place of a booked VIP Session.  In these circumstances, We will notify You in advance and agree a rescheduled date for Your VIP Session.  We shall not be liable for any costs You may incur as a result of Us needing to reschedule a VIP Session.

6.6 By booking a VIP Session, You understand and agree that We make no guarantees that You will see or be able to photograph the Aurora Borealis during the VIP Session, nor do We make any other guarantees regarding the results of the said VIP Session. Results are dependent on many factors and will vary between Course participants. 

7. Course Fees 

7.1            In consideration for Us providing access to the Course to You, You agree to pay the Fees in accordance with this Clause 7.

7.2            The Fees for the Course shall be the Fees displayed on Our Site at the time of Your Order, and are payable via the payment gateway on Our Site.

7.3            Any fees charged by Your bank or Your debit or credit card provider in connection with Your payment of the Fees are for Your own account and We shall not be responsible for these.

7.4            You shall be responsible for all costs You incur in connection with Your access to the Course and any Course Materials.

7.5             If We agree to accept payment of the Fees in instalments, and You default in the payment of an instalment, the total balance of the Fees then outstanding shall immediately become due and payable to Us.

7.6 If the Fees are not paid in accordance with this Clause 7, We reserve the right to:

7.6.1        charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time.  Interest under this Clause 7.6.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand; 

7.6.2        suspend Your access to the Course and the Course Materials until payment of all outstanding Fees (together with any interest charged under Clause 7.6.1 above) is made in full; and/ or

7.6.3        terminate the Agreement, in accordance with Clause 12.1.

7.7            We make all reasonable efforts to ensure that the Fees shown on Our Site are correct at the time of going online.  We reserve the right to change the Fees and to add, alter or remove special offers from time to time and as necessary.  Changes in the Fees will not affect You if You have already entered into the Agreement.

8.    Confidential information

8.1            As a result of Your participation in the Course, You may receive Confidential Information (including the Course Materials).

8.2            You undertake that You will, at all times during the continuance of the Agreement and after its termination:

8.2.1        keep confidential all Confidential Information;

8.2.2        not disclose (either directly or indirectly) any Confidential Information to any other person;

8.2.3        not use any Confidential Information other than for the purpose of Your participation in the Course and subject to the Agreement; and

8.2.4        not make any copies of, record in any way or part with possession of any Confidential Information.

8.3            The obligations contained in this Clause 8 shall survive the Agreement.

9.    Intellectual property

9.1            All Intellectual Property Rights subsisting Our Site and in the Course and the Course Materials shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate).  Nothing in the Agreement shall vest in You any rights in the Course Materials or any other material provided by or belonging to Us (or Our licensors, as appropriate).  

9.2            When We provide You with access to the Course Materials, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Course Materials for your personal use.  The licence granted to You does not give You any rights in the Course Materials (including any materials that We may licence from third parties).

9.3            You may not, for the term of the Agreement and at any time after its termination:

9.3.1        copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Course Materials (or any part of them) or make the Course Materials (or any part of them) available to any other person; or

9.3.2        use the Course Materials in the provision of any other membership, course, training or mentoring.

9.4            If You become aware of any actual or threatened infringement of Our Intellectual Property Rights, You agree to inform Us immediately in writing.

10. ‘Cooling Off Period’

10.1 If You are a Consumer in the United Kingdom or the EU, You have a legal right to a “cooling off period” during which You can cancel the Agreement for any reason and obtain a refund (the Cooling Off Period).  This Cooling Off Period begins on the day following the date on which the Agreement is entered into, and ends:

10.1.1 when You access, download or stream any Course Materials; or

10.1.2 (provided You have not accessed, downloaded or streamed any Course Materials) 14 calendar days from the date on which the Cooling Off Period begins.  

10.2 You do not have a right to a Cooling Off Period if you enter into the Agreement wholly or mainly for the purposes of Your business.

10.3 If You purchase access to the Course by mistake, please inform Us as soon as possible and do not attempt to access any Course Materials.  Provided You have not accessed any Course Materials since the Commencement Date, You may exercise Your right to cancel referred to in Clause 10.1 and You will receive a refund of Fees paid.  If You have accessed any Course Materials after the Commencement Date, We will not be able to offer any refund and You will continue to have access to the Course Materials in accordance with the Agreement.

10.4 If You wish to exercise Your right to cancel under Clause 10.1 above, You must inform Us of Your decision within the Cooling Off Period.  You may inform Us of this in any way You wish.  However, for Your convenience, a sample cancellation notice is included in the Schedule to these Standard Terms & Conditions.  If You cancel by email, Your cancellation is effective from the date on which You send Your cancellation.  Any cancellation notice should be sent to us by email at hello@rebeccadouglas.co.uk

10.5 The Cooling Off Period does not apply to ticket sales for workshops, talks and events that take place on a specific date and time. If you are no longer able to attend, your ticket is non refundable.

11. Cancellation by You after the Cooling Off Period

11.1        We are under a legal duty to supply products that are in conformity with the Agreement between You and Us.  If you contract with Us as a Consumer, the Consumer Rights Act 2015 gives you certain legal rights in relation to the Programme, which are summarised below.  Nothing in the Agreement will affect those legal rights.

Summary of your key legal rights as a Consumer

If you entered into the Agreement with Us as a Consumer, this is a summary of your key legal rights.

• The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.  

• If the digital content is faulty, you are entitled to a repair or a replacement.

• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. 

• If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

11.2 You may also cancel the Agreement immediately and obtain a refund if You can show We were in material breach of the Agreement.  For further details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.

11.3 Save for the circumstances set out in Clauses 11.1 and 11.2, You shall not be entitled to terminate this Agreement or obtain a refund.

12.  Our right to terminate the Agreement

12.1         We shall have the right to terminate the Agreement immediately if You breach any of the terms of the Agreement including but not limited to: 

12.1.1   Your obligations as set out in Clause 5;

12.1.2     Your obligation to pay the Fees in full and on time, in accordance with Clause 7; or

12.1.3     Your obligations in respect of the Confidential Information (Clause 8) and Our Intellectual Property (Clause 9).

12.2 If We terminate the Agreement under this Clause 12, You shall not be entitled to any refund of the Fees (or any part thereof) already paid by You as at the date of Our termination.

13.  Effects of cancellation or termination

13.1         Upon termination of the Agreement:

13.1.1      any outstanding Fees due from You to Us under the Agreement shall become immediately due and payable;

13.1.2      The licence referred to in Clause 9.2 shall terminate; 

13.1.3      You will cease to have access to the Course;

13.1.4 You undertake (if We so request) to destroy any soft or hard copies of the Course Materials that are in Your possession, custody or control, and to confirm to Us in writing that You have done so;

13.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;

13.1.6      termination or cancellation shall not affect any remedy which the terminating party may have in respect of the event giving rise to the termination or cancellation or in respect of any breach of the Agreement which existed at or before the date of termination; and

13.1.7      subject as provided in this Clause 13, and except in respect of any accrued rights, neither party shall be under any further obligation to the other.

14.  Our liability

14.1         Subject to the remainder of this Clause 14, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Agreement is entered into.  We will not be responsible for any loss or damage that is not foreseeable.

14.2 We make reasonable efforts to ensure that any Course Materials are accurate, complete and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard.  We are under no obligation to update the Course Materials after they are provided to You.

14.3 The Course is intended for non-commercial use only.  Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any indirect, special or consequential loss or damages.

14.4         Without prejudice to the generality of Clauses 14.1 – 14.3, all warranties and representations are excluded to the fullest extent permitted by law.

14.5 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Course Fees paid by You to Us under the Agreement.

14.6        You acknowledge that locating, viewing and photographing the Aurora Borealis is a nocturnal activity, and that it will involve You spending time outside in cold environments and in the dark with limited visibility.  There is therefore a risk of personal injury inherent in this activity.  You will at all times be responsible for Your own health and wellbeing, and We shall not be liable for any injury or loss You may suffer as a result of Your participation in them.  Our liability for any such injury or loss is excluded to the fullest extent permitted by law.   

14.7 Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law, or to limit Your rights as a Consumer. 

14.8        The provisions of this Clause 14 shall survive the termination or expiry of the Agreement.

15.  Events outside Our control

We shall not be liable for any failure or delay in performing Our obligations under the Agreement where that failure or delay arises from a cause or event that is beyond Our control.  Such causes or events may include, but are not limited to: power failure, internet service provider failure, service interruptions, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster or any other event that is beyond Our reasonable control.

16.  Data Protection

16.1         All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.  

16.2         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 the Privacy Notice which is available on request or on Our Site.

17.  No Waiver

No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

18.  Assignment, Sub-Contracting and Third Party Rights

18.1 We may transfer (assign) Our rights under the Agreement 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 the Agreement will not be affected and Our obligations under the Agreement will be transferred to a third party who will be bound by them.

18.2         You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.

18.3         We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors. 

18.4         The Agreement is between You and Us.  No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement. 

18.5         Subject to the above provisions of this Clause 18, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.

19.  Severance

In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement.  The remainder of the Agreement shall be valid and enforceable.

20.  Entire Agreement

20.1         The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.

20.2         You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.

21.  Amendments to these Standard Terms & Conditions

We may revise these Standard Terms & Conditions from time to time.  If We make changes to these Standard Terms & Conditions which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect, and provide details of how to cancel if You do not agree with them.

22.  Contact details, feedback and complaints

22.1 If You wish to contact Us with general questions, You may contact Us by email at hello@rebeccadouglas.co.uk.  For matters relating to cancellations, please see Clause 10 above.

22.2 We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that Your experience of the Course is a positive one.  If You do have any complaint or issues with the Course or services provided by Us, please contact Us as soon as possible at hello@rebeccadouglas.co.uk.   We will work collaboratively with You to resolve any such issues in a constructive way.

23. Law and Jurisdiction

23.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.  

23.2 As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency. 

SCHEDULE

MODEL CANCELLATION FORM

I hereby give notice that I wish to cancel the Course Agreement dated [insert date] (the “Agreement”).

I confirm that I entered into the Agreement as a consumer, and not wholly or partly for the purposes of any business.  I confirm that I have not accessed or downloaded any of the Course Materials, and understand that if I have done so, I no longer have the right to cancel the Agreement.  

Name of consumer(s): 

Address of consumer(s):

Signature of consumer(s): 

Date: