This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the training programmes (Services) and the supporting software (Software) listed on our website (www.techworks-learning.com) (our site) to you. Please read these terms and conditions carefully before ordering any Services and Software from our site. You should understand that by ordering any of our Services and Software, you agree to be bound by these terms and conditions.
[Please understand that by signing the purchase order form you are doing so in acceptance of these terms and conditions. Please understand that if you do not accept these terms and conditions you will not be able to order Services from this company. If you would like to activate your account immediately please tick the ‘activate now' box on your order form, please note that by activating your account immediately you will lose your right to a full refund during the cooling off period].
Information About Us and Use of Your Information
1.1 www.techworks-learning.com/ is a site operated by Techworks Limited (we). We are registered in England and Wales under company number 5615570 and with our registered office at Triton Court, 14 Finsbury Square, London, EC2A 1BR.
Service and Product Availability
3 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old;
3.1.3 Your use of the Software and Services includes the ability to enter into contracts and/or to make purchases electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such contracts and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions that you enter into on this site, including notice of cancellations, policies, contracts and applications.
Formation of Contract and Obligations
4.1 Once your order has been processed, you will receive an e-mail confirmation letter from us. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Service and supporting Software. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Service and supporting Software and the activation details have been dispatched (the Dispatch Confirmation).The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Services and Software whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to provide any other Services and Software which have been requested until the dispatch of such has been confirmed in a separate Dispatch Confirmation.
5.1The provision of the Services will require you to install or use internet based software under the following terms:
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE: This section of the Terms forms a Licence agreement (Licence) between you and Techworks Limited (we) for any software products supplied (Software), which includes computer software, any associated media, printed materials and online documentation (Documentation). By accepting the terms and conditions you are agreeing to the terms of this Licence which will bind you. If you do not agree to the terms, we are unwilling to Licence the software to you.
5.2 In consideration of you agreeing to abide by the terms of this Licence, the Licensor hereby grants to you a non-exclusive, non-transferable licence to use the Software and the Documentation on these terms.
5.3 You may:
(a) install and use the Software for your personal training purposes only on one personal computer if the Licence is a single-user licence or as agreed between the parties in writing;
(b) if the software fails, contact us and We shall use our reasonable endeavours to remedy the defect.
5.4 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
(a) not to copy the Software or Documentation except where such copying is incidental to normal use of the Software;
(b) not to rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the Software or Documentation;
(c) not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things.
(e) to keep all copies of the Software secure;
(f) not to provide, or otherwise make available, the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without our prior written consent;
(g) not to use the Software via any communications network or by means of remote access.
5.5 You must permit the Licensor and his representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any premises, and to the computer equipment located there, at which the Software or the Documentation is being kept or used, and any records kept pursuant to this Licence, for the purpose of ensuring that you are complying with the terms of this Licence.
5.6 You acknowledge that all intellectual property rights in the Software and the Documentation throughout the world belong to the Licensor or their associates, that rights in the Software are Licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documentation other than the right to use them in accordance with the terms of this Licence.
5.7 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.
5.8 The Licensor warrants that:
(a) the medium on which the Software is stored and distributed is (at the time it is supplied), and will be for the period of 90 days after that time (Warranty Period), free from defects in design, material and workmanship under normal use. If a defect in the medium occurs during the Warranty Period, the Licensor will replace it free of charge if you return it to the Licensor with proof of such defect or error;
(b) during the Warranty Period, the Software will, when properly used, perform substantially in accordance with the functions described, and that any descriptions of the operation of the Software are accurate in all material respects;
5.9 You acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described meet your requirements and that your personal computer is able to support the software. Minimum computer requirements can be found on our FAQ page at: http://www.techworks-learning.com/faqs.php under Question 7: Will I need any special equipment to do the course?
5.10 You acknowledge that the Software may not be free of bugs or errors and you agree that the existence of any minor errors shall not constitute a breach of this Licence.
5.11 You will not reveal your personal log in code to any other person or party without our prior written consent. Failure to comply with this obligation will lead to action by us and possible legal proceedings being taken against you and the other party for which you will indemnify us and any third parties associated with us in full for all costs incurred.
5.12 You will not lend, sell, swap or otherwise compromise the integrity of your personal log-in details. You agree that log in codes are not transferable and such transfer by you will entitle us to terminate the agreement and to retain the purchase price paid by you.
5.13 You will safeguard log in codes and agree that replacement codes will be generated by us at our discretion.
The Licensor's obligation under the Warranty provisions are subject to compliance by you with these Terms and Conditions.
6. In providing you the Software and Services you agree that:
6.1 The Licensor may terminate this Licence immediately by written notice to you if You commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so.
6.2 Upon termination for any reason:
(a) all rights granted to you under this Licence shall cease;
(b) you must cease all activities authorised by this Licence;
(c) you must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
(d) you must immediately delete or remove the Software from all computer equipment in your possession and immediately destroy or return to the Licensor (at the Licensor's option) all copies of the Software then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
6.3 If you are contracting as a Consumer, you may cancel a Contract at any time within seven working days, beginning on the day after the Contract has been formed. In this case you will receive a full refund in accordance with our refund policy (set out at clause 11 below).
6.4 to cancel a Contract, you must inform us in writing prior to the release of the Dispatch Confirmation.
6.5 The duration of your course will last for one year from the date of the Dispatch Notice. Should you wish to access the course after this time you will need to pay for a new subscription at the cost specified on the website for that course.
6.6 We may deny access to the course material if we deem this necessary at our reasonable discretion. If you fail, or we have strong grounds to believe that you have failed, to comply with any of the provisions of this Contract, including but not limited to failure to make payment of fees due, failure to provide us with a valid payment card or with accurate and complete personal details, failure to safeguard your log in information, violation of the Licence to the software, or infringement or other violation of third parties' rights, we, at our sole discretion, without notice to you may: (i) terminate this Contract and you will remain liable for all amounts due under this Contract up to and including the date of termination; and/or (ii) terminate the Licence to the software; and/or (iii) preclude access to the Service.
7 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products and/or services you purchase or use from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
Availability and Delivery
8 Orders will be fulfilled once payment has cleared into our bank account and or a signed and dated Purchase Order Form detailing a payment instalment plan (if appropriate) has been completed and accepted by us.
Risk and Title
9.1 The Software and Services will be at the Customers risk from the time of dispatch.
9.2 The continued use of the Software and Services is conditional on full payment of all sums due or if applicable satisfactory maintenance of any instalment arrangements you have with the Company in respect of the Software and Services.
9.3 If any default has occurred and you opted to use the instalment payment option we may by written notice to you direct that the principal amount outstanding, all unpaid accrued interest and any other sum then payable on such instalments shall become due and payable immediately.
Price and Payment
10.1 The price of any Software and Services will be as quoted on our site from time to time, except in cases of obvious error. These prices include VAT.
10.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
10.3 We are under no obligation to provide the Product and/or Service to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
10.4 Payments for our Software and Services must be by credit or debit card, cash, cheque and or bank transfer. We reserve the right to add a 10% surcharge on all Direct Debit payments.
Our Refund Policy
11.1 You have the right to withdraw from your purchase without penalty and without giving any reason until delivery of the Software and Services has started. If you have chosen to receive the login details prior to the expiration of the seven day cancellation period, delivery shall be deemed to be the date of the Dispatch Notice.
11.2 All orders accompanied by a paper Training Application will be processed within seven days from the date signed. You have the right to cancel your order within this period by notifying us either by post or email. If writing to us by post, you must send all letters to: Customer Services, Techworks Ltd, Triton Court, 14 Finsbury Square, London EC2A 1BR. If emailing us, all notifications must be sent to Customer Services at: firstname.lastname@example.org. We will not accept telephone calls, voice messages, verbal communications, or any other means other than that specified as confirmation that you wish to cancel your course. If we have not received any confirmation of your wish to cancel using the two methods specified within seven days of the date you signed your application, we will not be able to cancel your course and return any monies paid as a deposit.
11.3 Because you have cancelled the Contract between us within the specified period and have not received log in codes, we will process the refund due to you (if monies have been paid) as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.
11.4 In the event you have set up a Direct Debit Account to pay for your course through instalments or by any other means and you miss payments, we reserve the right to pass your details onto a debt recovery agency.
12.1 We warrant to you that any Software and Services purchased from us through our site is of satisfactory quality and reasonably fit for the purposes for which services and software of the kind are commonly supplied.
12.2 Our liability for losses you suffer as a result of us breaking this contract is strictly limited to the purchase price of the Software and Service you purchased.
12.3 This does not include or limit in any way our liability:
12.3.1 For death or personal injury caused by our negligence. For the avoidance of doubt you are advised to seek medical advice if you feel ill whilst undertaking the course and you agree that prior to taking the course if you suffer from any medical condition by example and not by way of limitation being back pain or epileptic fits you will consult with your own doctor over your suitability of the course;
12.3.2 Under section 2(3) of the Consumer Protection Act 1987;
12.3.3 For fraud or fraudulent misrepresentation; or
12.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise. Provided that this clause 12.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 12.1 or clause 12.2 or any other claims for direct financial loss that are not excluded by any categories set out in this clause 12.4.
12.5 Where you buy any Product and/or Service from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
13 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
14 All written notices given by you and sent to us by post must be given to: Customer Services, Techworks Limited, Triton Court, 14 Finsbury Square, London, EC2A 1BR. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when either: posted on our website, or 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such a letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee and has left the senders outbox.
Transfer of Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Our Right to Vary these Terms and Conditions
16. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
Law and Jurisdiction
17. Contracts for the purchase of Software and/or Services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.