Terms and Conditions for Online Lockdown Lessons

Terms and Conditions for Online Lockdown Lessons

By submitting an order for an Online Lessons you confirm your agreement to the following terms and conditions:

 

DEFINITIONS  AND INTERPRETATION

 

"Agreement" means these terms and conditions and the Order.

"Customer" or “You” means the parent or guardian of the Student submitting an Order to WorldClass Online.

"Course" means a course of lessons delivered virtually either (i) live or (ii) recorded via the internet. 

"Event" means a specific organised Online Lesson.

“Hollowcombe Education LLP” is a limited liability partnership whose registered office is at Marlston Farmhouse, Marlston, Hermitage, Thatcham, Berks  RG18 9UU, registered in England and Wales, number OC361927

“Lockdown” is the period during which schools in England or the local area to Brockhurst and Marlston House School are closed by the Government in full or in part due to the Covid 19 virus.

"Online Lessons" means a lesson or Course.

"Order" means any of (i) the WorldClass Online or Hollowcombe Education LLP order form, (ii) the shopping cart via the WorldClass Online website, (iii) via an email which the Customer submits to WorldClass Online or Hollowcombe Education LLP to procure the Event, (iv) the online payment platform which includes the subscription model or (v) any other mechanism set up by Hollowcombe Eduction LLP.

"Platform" means the WorldClass Online webpages and/or applications.

“Student” means the individual that will be taking the Course or Online Lesson.

”WorldClass Online” and “WorldClass” are trading names of Hollowcombe Education LLP

Headings are for convenience only and shall not affect the interpretation of this Agreement.

All obligations of either party which comprise more than one person or entity shall be joint and several. The use of the singular throughout this Agreement shall include the plural.

1.      BASIS OF ORDER

 

An Order constitutes an offer by Customer to participate in the Events specified in the Order subject to these terms and conditions. Such offer shall not be deemed to be accepted by WorldClass Online unless WorldClass expressly confirms its acceptance (rather than an acknowledgment of receipt of Order) in writing to the Customer.  A confirmation of the acceptance will be provided to the contact identified in the Order via email or other appropriate medium.

The terms and conditions of this Agreement shall apply to the exclusion of any other terms and conditions on which the Order is made or purported to be made by the Customer.

No variation to the Order or these terms and conditions shall be binding unless agreed in writing between the authorised representatives of WorldClass and the Customer. For the avoidance of doubt, it is confirmed that no variation to the Order or these terms and conditions agreed via telephone shall be binding unless confirmed by WorldClass in writing and not disputed by Customer within seven (7) days of the date of such confirmation.

 

2.      REGISTRATION

 

Initial Sign-up Process

As the Customer you need to register and provide WorldClass with your legal name and email address and can provide details of the Student, who will also needs to register with their name and contact email address.  Customers shall be responsible for managing the provision of all elements of the Platform or Online Lessons on behalf of the Student including but not limited to being responsible for paying fees, requesting refunds, purchasing credits and receiving email communications from WorldClass ("Customer Responsibilities").

 

Once You have secure logins to the Platform, the Customer may then be required to complete the registration by providing some basic information about themselves, the Student and the relevant interests ("Registration").

Completing Registration will give the Customer access to protected areas of the Platform.

The Customer shall ensure that the Order is delivered to WorldClass at least one hour before the start date of any Event.

WorldClass shall be entitled to refuse the provision of any Event where:

  1. such Event is fully booked; or
  2. such Event is cancelled.

In the above cases, WorldClass shall advise Customer as soon as practicable, offering a suitable alternative date or Event, as appropriate. Where no suitable alternative date and/or Event can be found WorldClass shall return to the Customer or Sponsor any payment it has made for the Event.

In the event that Lockdown is lifted completely or partly lifted in England or the local area to Brockhurst and Marlston House School, it may not be possible to deliver the remainder of the Course or course times may need to be changed.  In such an event, if suitable alternative dates cannot be offered by WorldClass a pro-rata refund for the Events which have not been delivered will be offered.

 

3.      DOWNLOAD AND ACCESS TO ONLINE LESSONS

 

Access to Online Lessons is only available online via an internet connection.  Online Class participants must have an appropriate user identification to gain access, and all names must be provided to WorldClass as needed.

Once access is established, an access notification will be provided to the contact identified in the Order or to the registrant via e-mail. Delivery shall be considered to be complete when WorldClass provides the Customer confirmation of access by e-mail.

Access to Online Lessons will be provided within a reasonable amount of time prior to the commencement of the Course and following the receipt of full payment.  Access duration will start from the date the original access is established and last for the agreed duration detailed in the (i) product description, (ii) Order or (iii) any other documentation (as applicable).

The Customer shall check the Online Lessons for completeness and notify WorldClass immediately in the event the Online Lessons is incomplete.

In case the Customer experiences difficulty in accessing the Online Lessons, all support services are provided as stated on the Platform or in the access notification documentation.

Customer acknowledges that internet access is a pre-requisite for it to use the Online Courses. Certain Online Lessons,  but not all, may provide a restricted download capability. As soon as the Customer opens the file through a computer or mobile, the copy protection key is validated through the internet, and the Customer can access the Online Lessons. Customer acknowledges that once the key is validated, the file cannot be copied to another computer.

 

4.      PRICE AND PAYMENT

 

The price of the Event shall be as stated in the then current price on the Platform or the Order and unless otherwise so stated is inclusive of any customs duties, charges, state or local taxes, provincial taxes, Value Added Tax, or any other taxes as appropriate and due for these types of services or products.

WorldClass reserves the right in addition to pass on any charges:

  1. relating to returned checks, credit or charge card charge backs; and
  2. for any handling fees incurred by WorldClass in relation to bookings made by credit or charge card. WorldClass will notify Customer of the relevant charges prior to issue of a confirmation invoice.

All standard published Event fees are on a per student basis. For Courses, these fees include the price for instruction and course documentation. 

Provided that the full Course material has been covered there will be no refund of the price of the Course, either in whole or in part, should the Course finish earlier than originally scheduled.

 

WorldClass offers several payment options. The payment method must be established at the time of Order for Online Lessons or at the time of registration or scheduling for Courses.

Customer shall pay the full amount due prior to the Event. For Courses, payment must be received by WorldClass immediately upon placing the Order or in accordance with the Customer's subscription model.

 

5.      PREREQUISITES  /  CUSTOMER RESPONSIBILITIES

 

WorldClass reserves the right to exclude a Student from attending any Course due to disorderly conduct, failure to observe any of WorldClass's rules of participation or failure to attend the prerequisite class or classes for a particular Course. No refund of fees shall be paid to Customer in such circumstances.

Customer shall ensure that all Students fulfil any and all of the course prerequisites as communicated by WorldClass. WorldClass reserves the right to exclude any participant who does not fulfil such prerequisites. No refund of fees shall be paid to Customer in such circumstances.

 


 

 

6.      CANCELLATION

 

WorldClass reserves the right to cancel any Event at any time for any reason and WorldClass shall inform Customer of such cancellation and offer Customer a recorded Event, an alternative Event option or a full refund of the price paid for the Event or, for Courses, an alternative Course date, at WorldClass's sole discretion.

The Customer may not cancel your registration for any Online Lessons. 

 

Feedback on WorldClass courses is very important to WorldClass. In the unlikely event a participant is dissatisfied with a Course after the first lesson and wishes to pull out of the remainder of the Course, the Customer should provide WorldClass with written notice of any details regarding such dissatisfaction immediately. Please address correspondence to WorldClass online. After receiving such notice, WorldClass may, in its sole discretion, determine if any remedy (such as a credit) is appropriate. WorldClass will not consider a possible remedy if more than one lesson is taken or notice of dissatisfaction is not received within 48 hours of the first lesson of the Course. 

 

7.      WARRANTIES  AND LIABILITY

 

Whilst every effort is made by WorldClass to ensure that the Event instructors or tutors are appropriately qualified and trained, WorldClass does not accept liability for any loss, cost or expense or for any special or indirect or consequential damages arising from negligence, misconduct or lack of skill in delivering the Event or Online Lessons.

WorldClass shall not be liable for damages of any kind including without limitation direct, special, indirect, or consequential damages, including loss of profit or other financial loss, that may result from Events or Online Lessons (including, without limitation, resulting from their performance or cancellation). In no event shall WorldClass's liability to Customer or any other party exceed, in the aggregate, the fees paid for the use of the Event or Online Class from which the damages arise. Where WorldClass's liability is excluded or limited, this also applies to the personal liability of WorldClass's employees, representatives, and people performing duties on WorldClass's behalf.

 

WorldClass's total liability under this Agreement in both contract and tort shall not exceed the price paid for the Event or Online Class in the applicable Order.

 

Notwithstanding the above, there shall be no limit of liability in respect of death or personal injury arising out of the negligence of either party.

WorldClass does not warrant the accuracy or completeness of Events or Online Lessons, nor any links or the information, text, graphics, links, or other items contained within Events. WorldClass and its licensors disclaim all warranties express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose except to the extent that any warranties implied by law cannot be validly waived.

WorldClass assumes no responsibility for errors or omissions in the Events or Online Lessons. 

With respect to material defects in the Online Lessons, and as Customer's sole remedy for any material defect in the Online Lessons, WorldClass in its sole judgment, may decide to eliminate such material defects or make a replacement delivery or, by indicating a reasonably acceptable way to avoid the impact of such material defect.

In the case of the Event or Online Lessons being delivered remotely this will use the Customer's network infrastructure. Customer also acknowledges that the Platform uses an internet based connection method and as such WorldClass cannot be held liable for issues with routing, network usage, speed of connection, proxy server failure or any other issues arising from or within the Customer network or public webspace.

All claims against WorldClass are time-barred after a period of six months from the date the claim arose.

The Customer hereby warrants, represents and undertakes to WorldClass and its representatives which is to include tutors or assistants that:

  1. Both Student and Customer will each register on the Platform;
  1. You are personally responsible for the information posted by You on the Platform and submitted throughout Sign Up and Registration which must be accurate, true, up-to-date and complete at all times during;
  2. You are wholly responsible for the appropriateness and the content of any user generated content used and/ or submitted by You.
  3. You will comply with all obligations set out in these terms and conditions;
  4. You agree at all times to comply with the provisions of the Data Protection Legislation;
  1. You agree to comply with all applicable laws, regulations and codes of practice which regulate the activities of the online environment;
  1. You will protect your unique password.
  2. You accept full responsibility for any Disputes raised on the Platform;
  1. You have read, understood and familiarised itself with any safeguarding policies and procedures which can be accessed at Brockhurst and Marlston House Schools in respect of child protection and online safety.

You shall indemnify and hold harmless WorldClass (and any representative as the case may be) on demand and shall keep WorldClass (and any representative) fully and effectively indemnified against any and all losses arising out of or in connection with (i) the Online Lessons; (ii) any breach of these Terms or a breach of obligation or warranty by or through your acts or omissions (other than and to the extent that any losses arise directly from breach of these Terms by WorldClass or its negligence) and (iii) any and all claims, complaints or legal proceedings instigated by a tutor or representative against a Customer.

 

8.      DATA PROTECTION AND PRIVACY

 

Information as to how WorldClass is using personal data where its acts as a data controller (such as where the Customer's representative executes the Order or where participants have to directly register themselves with WorldClass) can be found in the WorldClass Privacy Statement.

 

9.      INTELLECTUAL PROPERTY RIGHTS

The copyright in and all other intellectual property rights relating to the Platform content, Online Lessons and the Course documentation provided to Customer and Student are solely owned by and hereby reserved to WorldClass. Under no circumstances may the whole or any part of the Online Lessons, Course or Course documentation be produced or copied in any form or by any means or translated into another language without the prior written permission of WorldClass.

The Platform and Online Lessons remain the property of WorldClass and all title to the Online Lessons, including all content, remains with WorldClass. Customer only receives a license to use the Online Lessons for the duration of the Event and pursuant to the terms hereof.

Every person using Online Lessons or the Platform must be licensed under these terms and conditions for accessing, downloading, or using the Online Lessons or Platform. Customers, their participants and others who have access to the Online Lessons or Platform must be informed of WorldClass's intellectual property and rights of authorship and their duty to conform to laws governing intellectual property rights. Customer shall carefully safeguard the Online Lessons and any Course documentation that has been made available to the Customer or Event participants, to prevent their misuse. Customer is permitted to use the Online Lessons, Course documentation and Platform only for its own personal use, only for the duration of the Event and only for those who have licensed the relevant Event. The Platform, Course documentation and Online Lessons are confidential and proprietary information of WorldClass and customer agrees not to disclose this information to any third party or use such information except as expressly permitted herein.

Customer acknowledges that it is illegal and a violation of this license agreement to copy or distribute Course documentation, Online Lessons, Platform download/online products, links or passwords among non-licensed persons.

Customer acknowledges that WorldClass shall be entitled to seek injunctive relief for any breach of this agreement by Customer or their participants from which irreparable harm would ensue.

In the event the Customer or their participants breach any provision of this agreement and fails to cure such breach within a reasonable time (in any case no more than ten (10) days) after receipt of written notice from WorldClass, WorldClass shall have the right to immediately terminate this agreement and Customer's license to use the products licensed hereunder. Upon any such termination, Customer shall immediately cease use of such products, delete and destroy any tangible or electronic embodiments of such information in its possession, and certify in writing to WorldClass that the foregoing has been completed.

 

10      CONTENT

 

Whenever the Customer makes use of a feature that allows it to upload content to WorldClass, or to make contact with other users of WorldClass, the Customer confirms their compliance with the content standards set out in the Acceptable Use Policy.

The Customer warrants that any such contribution does comply with those standards and that they will be liable to WorldClass which will include an indemnity for any breach of that warranty.

The Customer grants to:

  1. WorldClass a perpetual, worldwide, non-exclusive, royalty free and fully paid licence to, without limitation, use, sublicence, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public the Online Lessons and related content or information or materials uploaded to the Platform or the site; and
  1. all other Customers and participants a non-exclusive licence to view, download, display, reproduce or perform (if applicable) the generated content solely as necessary for such entity to participate in the relevant Platform activity or functionality.

WorldClass has the right to disclose the identity of a Customer to any third party that is claiming that any content posted or uploaded by the Customer to WorldClass constitutes a violation of their intellectual property rights, or of their right to privacy.

WorldClass has the right to remove any posting by the Customer in the event that WorldClass concludes the post does not comply with the content standards set out in the Acceptable Use Policy.

 

The Customer acknowledges and agrees that WorldClass acts merely as a passive conduit and/or host for the uploading storage and distribution of such content.  The views expressed by other users on WorldClass does not represent the views or values of the company. WorldClass cannot and does not review the content created or uploaded by its users, and neither does WorldClass nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and does not undertake or assume any duty, to monitor WorldClass for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of this Agreement or applicable law.

The Customer is solely responsible for all of their content uploaded, posted or distributed to, on or through WorldClass, and to the extent permissible by law, WorldClass excludes all liability with respect to content and the activities of users.

The Customer must not, and must procure that the Student does not, use the Platform or Online Lessons:

  1. to send, receive, access or disseminate any material which is offensive, abusive, indecent, obscene, menacing, fraudulent, potentially harmful to minors or in breach of:  i) any obligation of confidentiality; ii) any Intellectual Property Right; iii) privacy or any applicable data protection legislation; or iv) any law or regulation;
  1. to send or receive any material which contains any viruses or other computer programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any information;
  2. to protect the system or platform and, in particular, to use a high degree of care when utilising or accessing the Services;
  3. to attempt to obtain access to the code or information on the system or platform;
  1. to engage in activities that, in WorldClass's reasonable discretion, may cause disruption or damage to WorldClass's or its third party supplier’s network and/ or computer systems or the provision of services to WorldClass or its third party suppliers other customers
  1. to cause annoyance, inconvenience or needless anxiety;
  1. to breach instructions given by WorldClass, other than in conformance with any and all user policies of any networks to which it is connected via the Services; and/or
  1. to gain access to or disseminate any information over the Internet (where the Services include access to the Internet) where WorldClass reasonably believes such access or dissemination would breach any of the terms of this Clause 10.

The Customer must not misuse the platform by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. The Customer must not attempt to gain unauthorised access to the platform, the server on which it is stored or any server, computer or database connected to the Platform or Online Lessons. The Customer must not attack the platform via a denial-of-service attack or a distributed denial-of service attack.

 

11      AMENDMENT / UPDATE AND SUPPORT OF CONTENT

 

WorldClass reserves the right to amend the content of any Event without notice to Customer to correct errors or where, at the sole discretion of WorldClass, such amendment is deemed not to fundamentally change the content of such Event. The Online Lessons may be updated with new products, content, training material or solution releases. The Customer's license is provided for the Online Lessons in effect at the time of the Order placement. The Customer is not entitled to any future new products, content, training material or solution releases but can elect to repurchase the new product for an additional fee.

Support is available per the access confirmation and if the Customer or participant is having difficulty with accessing the content. Individual tutorials, coaching, training, or catch-up access type support on WorldClass or solution releases is available separately from WorldClass and may be offered for an additional fee.

 

12      DISPUTES

 

All Disputes reported to WorldClass online via the Platform will be investigated at WorldClass's option.

 

The parties agree that they shall attempt in good faith to resolve any Dispute promptly through negotiations between the parties and an officer of WorldClass. WorldClass will use all reasonable endeavours to provide a written response via email to any issue raised via the Platform within fourteen (14) days. WorldClass reserves the right to inform a party respectively of any Dispute raised against them and to provide them with a copy of any response provided by WorldClass.

You agree to cooperate fully with WorldClass in resolving any Dispute.

WorldClass reserves the right to suspend access to the Platform with immediate effect while an investigation is conducted. Access to the Platform may be reactivated once an investigation has been completed.

The consequence of any investigation instigated by a party is entirely at WorldClass's discretion.

 

13.     NOTICES

 

Any notice required or permitted to be given by either party to the other under these terms and conditions shall be in writing and by email.

 

14.     SEVERABILITY

 

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.

 

15.     ENTIRE AGREEMENT

 

This Agreement constitutes the entire agreement between the parties in connection with its subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter. No party has relied on any representation or warranty except as expressly set out in this Agreement.

 

16.     GOVERNING LAW

 

This Agreement and any claims relating to its subject matter will be governed by and construed in accordance with the laws of England, without reference to its conflicts of law principles. WorldClass and the Customer hereby agrees to submit to the exclusive jurisdiction of the courts located in London in respect of any dispute in relation to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Uniform Computer Information Transactions Act as enacted shall not apply. Either party must initiate a cause of action for any claim(s) arising out of or relating to this Agreement and its subject matter within one year from the date when the party knew, or should have known after reasonable investigation, of the facts giving rise to the claim(s).

 

17.     THIRD PARTY BENEFICIARIES

 

Notwithstanding any other provision in this Agreement, nothing in this Agreement shall create or confer (whether expressly or by implication) any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person not a party hereto.

 

18.     FORCE MAJEURE

 

Any delay or non-performance of any provision of this Agreement (other than for the payment of amounts due hereunder) caused by conditions beyond the reasonable control of the performing party shall not constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance.