Terms and Conditions (Online Courses)

Please read these Terms carefully. By accessing the Website (by whatever means or device) and using the Online Content and Courses, you agree that you have read, understood and agreed to these Terms and the Privacy Policy, whether you are a Visitor or Learner. If you do not agree to these Terms, you must stop using the Website and the Online Content and Courses immediately.

1.              About Us

1.1       In these Terms, references to “we” or “us” are to Karen Platt.

1.2       If you have any questions about these Terms or wish to contact us for any reason please use the Website contact or if you are a member the Facebook page.

2.         Using the Website (Learner conduct)

2.1       By using this Website and the Online Content and Courses (either as a Visitor or Learner), you confirm that you have read and that you are in compliance with these Terms, the Privacy Policy and the Cookies Policy and all applicable local, national and international laws, rules and regulations.

2.2       Your use and access of this Website and the Online Content and Courses is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:

a.         you agree to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

b.      you agree not to use the Website or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;

c.      you agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms including, without limitation, under section 7.11. ;

d.      you agree not to alter or modify any part of the Website or any of the Online Content and Courses;

e.       you agree not to access the Website or Online Content and Courses through any technology other than that provided to you by us;

f.       you agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;

g.      you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;

h.      you agree not to use or access the Website or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:

i.        the sale of access to the Online Content and Courses or any associated content;

ii.       the solicitation of business in the course of trade or in connection with a commercial enterprise; and

iii.      the solicitation of, for commercial purposes, any Visitors or Learners of the Website with respect to their content

i.        you agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses.

j.         you agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;

k.        you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;

l.          you will not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purposes other than as permitted by these terms and conditions without our prior written consent or the prior written consent of the respective licensors/owners of the content on the Website;

m.      you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms (including our Privacy and Cookies Policies).

2.3       You agree to comply with these Terms generally (including, without limitation paragraph 7 below) in relation to any Learner Content (as defined in paragraph 7.1) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 7.6 to 7.9 below).

2.4       You agree that you will comply with all of the other provisions of the Terms at all times during your accessing of the Website and use of the Online Content and Courses.

2.5       We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

2.6       You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

2.7       Whilst we do all we can to ensure that the Online Content and Courses are of an extremely high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you have no recourse to legal action related to content.

2.8       You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) at our sole discretion, without prior notice to you.

2.9       You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

3.              Registration and Accounts

3.1      Any Visitor can view the Website, and purchase Courses on the Website without registering. You need to  provide an email address to receive the pdfs. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.

3.4       You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your access to and use of the Website and your enrolment in Courses.

4.              Student Conduct

a)       you agree that you will not let anyone else use your Course content;

b)        will not cheat on any course content, and that all work shall be your own;

6.              Licence to use

6.1       Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:

(a)        to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and

(b)        to download permitted content for personal individual use only from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.

6.2       You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.

7.              Your Content

7.1       The Facebook Page you will be invited to when you purchase the Course may provide you with the ability to upload discussions, work in progress, finished work and other content and media for social interaction, or certain information and materials in connection withe the Course.

7.2       Copyright is retained by you of such content you upload to Facebook.

7.3.     We reserve the right to remove any such content uploaded to Facebook without prior notice at any time and for any reason.

7.4       To the extent that you upload any content to Facebook or online (should this be available), you represent and warrant that:

(a)        you have all necessary rights, licences and/or clearances to provide such content and permit us to use and publish such content as provided in paragraph 7.1 to 7.3 above;

(b)        such content is accurate and relevant to the Course to the best of your knowledge and belief;

(c)        as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such content; and

(d)        such use and/or publication of your content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.

7.5       With respect to uploading any content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

7.7       You agree to use upload only materials related to the subject matter of the Course, and you further agree that all such communications by you are subject to and governed by these Terms.

7.8       By using the Facebook page for this Course, you agree that:

(a)        all communications methods constitute public, and not private, means of communication between you and the other party or parties;

(b)        not to include communications sent to or received from third parties

(c)        that content will be reactively moderated to comply with generally acceptable standards of communication where the following types of language/behaviour is prohibited: swearing, using obscene, offensive or otherwise harmful language, posting defamatory remarks and other types of communication that, in our reasonable opinion, should be prohibited

7.9     You acknowledge and agree that the services set out in paragraphs 7.6 to 7.8 above may be monitored.

8.              Copyright Policy

8.1       It is our policy that any content included on the Facebook page that infringes the intellectual property rights of any third party will be removed as soon as possible after we are made aware of such infringement.

9.              Privacy and Security

We respect your right to privacy.  Please read the Privacy Policy.  While we will do everything to protect the security of your information, we cannot guarantee that unauthorised third parties will not be able to breach our security measures.  You acknowledge that you provide your information to us at your own risk.

10.           Karen Platt’s Intellectual Property Rights

10.1     We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 6 above.

11.           Your Liability to Us

11.1     You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

a.         you submitting your content to the Facebook Page or participating in the Online Content and Courses;

b.         your access to or use of the Website or Online Content and Courses;

c.         your breach of any of these Terms; and

d.         any negligent act or omission, deliberate default or breach of statutory duty on your part.

11.2     In addition, you agree to keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from any claims that the content on the Website or Online Content and Courses (or its use) infringe the intellectual property rights of third parties.

11.3     Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

11.4     This paragraph 11 survives the end of these Terms

12.           Our Liability to you

12.1     Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

12.2     The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.

12.3     We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. This includes:

a.              any loss of profit (directly or indirectly);

b.              any loss of goodwill;

c.              any loss of opportunity; or

d.              any loss of data suffered by you.

12.4     We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take all reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.  We do not warrant that defects in the Website or Online Content and Courses will be corrected.

12.5     Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect.

12.6     We accept no responsibility for any loss or damage incurred by you as a result of:

(a)        any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;

(b)        any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;

(c)        the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;

12.7     We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.

12.8     We may terminate your use of the Website with immediate effect:

(a)        if you or any Learner you are connected with breach any of these Terms;

(b)        in order to prevent any fraudulent, unlawful or abusive activity; or

(c)        if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.

13.           Governing Law

13.1     These Terms and the relationship between you and us are governed by English law.

13.2     For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing we both agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from these Terms and the relationship between you and us.

13.3     Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or other types of urgent interim relief) in any jurisdiction at any time.

14.           Changes to the Website and these Terms

14.1     We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements, without notice to you. Any updates or amendments will be posted on the Website. In addition, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.

15.           Other Important Terms

15.1     If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms remain in full force and effect.

15.2     Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.

15.3     We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.

17.4     These Terms, the Privacy Policy/Cookies Policy set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.

Updated 9 August 2015