ONLINE COURSE
TERMS & CONDITIONS
These Terms and Conditions of Online Courses, which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course. Please read the Online Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.
1. Online Course Provider
1.1
The Online Courses are provided by LA Marketing Limited (hereinafter referred to as “LA Marketing”, “we” or “us”), a company registered in England and Wales under number 8949506 whose registered office is at 6 Northlands Road, Southampton SO15 2LF.
www.lamarketing.co.uk, www.marketaimlaunch.co.uk, www.thefoundationforgrowth.com is operated by LA Marketing.
1.2
We will use our reasonable endeavours to provide the Online Courses advertised by LA Marketing.
1.3
We will provide the Online Courses using reasonable care and skill.
2. Definitions
2.1
Capitalised terms used herein (and not otherwise defined) have the following meanings:
“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;
“Course Materials” means the materials provided by LA Marketing in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials;
“Online Course” means either an On Demand Online Course or a Scheduled Online Course provided by LA Marketing
“Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;
“Scheduled Online Course” means an online course which is only available for access by you on a predetermined start date;
“you” means the individual purchasing the Online Course.
2.2
The use of singular words herein also include the plural.
3. Purchasing and Confirmation
3.1
In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
3.2
When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3.3
A legally binding agreement shall only come into existence once:
a)
LA Marketing has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and
b)
LA Marketing has received from you (or on your behalf) the entire Course Fee in cleared funds.
3.4
The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
3.5
You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at alison@lamarketing.co.uk.
3.6
Where your order consists of multiple Online Courses, each individual Online Course will be treated by LA Marketing as a separate offer to purchase.
3.7
We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.
3.8
Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website.
4. Payment, Cancellation & Deferral
4.1
The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or will be notified to you by an LA Marketing customer services representative.
4.2
All amounts are payable in Pounds Sterling. The prices quoted are inclusive of VAT. Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to LA Marketing.
4.3
Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable with a one-off lump-sum payment, payable with your purchase offer.
4.4
In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website is incorrect, LA Marketing will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website, then LA Marketing will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, LA Marketing will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, LA Marketing will refund you the difference between the amount which you have paid and the correct Course Fee payable.
4.5
Under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after the day on which the Contract is concluded with you as notified by the order confirmation email from LA Marketing. You are required to email alison@lamarketing.co.uk to notify LA Marketing of your intent to cancel. For further details of your rights under the Distance Selling Regulations you can visit your local Citizens’ Advice Bureau or visit the Office of Fair Trading website.
4.6
In addition to your rights under the Distance Selling Regulations, LA Marketing also offers the following refund and deferral policy on its Online Courses:
Refund Policy
All payments for the Product(s) (Foundation For Growth, LinkedIn Foundation or The Nurture Email Sequence) are non refundable with the exception of valid 7-day Guarantee requests, as per below.
To claim the 7-day Guarantee, purchasers must email alison@lamarketing.co.uk within the first 7 days after initial purchase.
Refunds will not be granted outside these windows from date of initial purchase, for any reason.
4.7
LA Marketing may cancel any Online Course at any time prior to its scheduled termination date. If LA Marketing cancels an Online Course prior to its scheduled termination date, you may be entitled to a pro rata refund of the Course Fee.
4.8
If you or LA Marketing cancel an Online Course in accordance with the Refund Policy, LA Marketing will refund the relevant portion of the Course Fee to you via your original method of payment within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.
5. Online Course content and Access terms
5.1
The description of the Online Course on the Website will set out details of the contents of the available Online Courses.
5.2
Except as set out in the description of the Online Course on the Website, no additional Course Materials and/or tuition (either online, face to face or classroom) will be provided by LA Marketing.
5.3
Upon receipt of an order confirmation email from LA Marketing you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.
5.4
The receipt of an Online Course is personal to you and, unless otherwise agreed by LA Marketing pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
5.5
You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
5.6
You acknowledge that LA Marketing operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at LA Marketing’s staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. LA Marketing may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.
5.7
We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student is found to be in contravention of the access rules, we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
6. Modifications to Online Courses or technology enhancements
6.1
From time to time, LA Marketing may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
6.2
Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
7. Technical Support and Access
7.1
If you are unable to access an Online Course, LA Marketing will use reasonable endeavours to provide a solution where LA Marketing has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, LA Marketing may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
7.2
You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
7.3
LA Marketing will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. LA Marketing reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
7.4
You also accept and acknowledge that LA Marketing cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
a)
the operation of the internet and the world wide web, including but not limited to viruses;
b)
any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
c)
failures of telecommunications links and equipment; or
d)
updated browser issues.
8. Warranties
8.1
LA Marketing will provide the Course Materials in accordance with the Online Course description, which is set out on the Website.
8.2
LA Marketing expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. LA Marketing does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).
8.3
LA Marketing does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
8.4
LA Marketing does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
8.5
All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
9. Limitation of liability
9.1
The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
9.2
Except as set out in the Online Terms, LA Marketing shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
a)
indirect or consequential losses;
b)
loss of income or revenue;
c)
loss of business;
d)
loss of anticipated savings; or
e)
9.3
LA Marketing is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
9.4
Save as otherwise set out in this section “Limitation of liability”, LA Marketing’s maximum aggregate liability to you for any claims that you may have against LA Marketing for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
9.5
LA Marketing will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond LA Marketing’s reasonable control. This condition does not affect your statutory rights.
9.6
Each provision in this Clause 9 shall be construed separately as between you and LA Marketing. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
10. Disclaimer
10.1
The Online Courses are for training purposes only. LA Marketing will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
10.2
Every effort has been made to accurately represent information and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or a guarantee of earnings.
10.3
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
10.4
Materials in our products, services and our websites may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
10.5
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earning potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
11. Intellectual Property
11.1
At all times, LA Marketing and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of LA Marketing.
11.2
In consideration of receipt by LA Marketing of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) or the first instalment of the Course Fee (if you have chosen to pay for the Online Course in instalments), LA Marketing grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual student only.
11.3
Save as expressly set out in the Online Terms or as otherwise agreed by LA Marketing pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either LA Marketing’s copyright or LA Marketing’s other intellectual property rights, and/or the copyright or other intellectual property rights of LA Marketing’s licensors.
12. Copyright
12.1
The material contained in this site is the copyright of LA Marketing Ltd and is protected by the UK Copyright, Designs and Patents Act 1988 and international copyright laws.
12.2
Except as otherwise expressly provided herein, the User may not:
a)
copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile, modify or alter any part of the Product;
b)
use the Product on behalf of, share or permit to be shared, the Product with any third party;
c)
use or permit to be used the Product for anything other than the Purpose;
d)
otherwise store any content other than for what would reasonably be regarded as normal use including for data backup;
e)
knowingly use the Product in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in spyware, adware, spam, pornography or other offensive purposes;
13. Data Protection
13.1
LA Marketing will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by LA Marketing of such information in accordance with LA Marketing’s privacy policy.
13.2
In the event that you do not wish to receive marketing correspondence from LA Marketing, a written request or email should be sent to the contact details set out in Clause 18.
14. Changes by Us
14.1
An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.
15. Inconsistency of Terms
15.1
If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
1)
the Additional Online Terms and Conditions;
2)
the Terms and Conditions of Online Courses; and
3)
the Terms and Conditions of Website Use.
16. Your Feedback
16.1
We welcome enquiries or feedback on Our Website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.
17. General
17.1
LA Marketing reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
17.2
LA Marketing may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
17.3
You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by LA Marketing pursuant to Additional Online Terms and Conditions.
17.4
LA Marketing may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
17.5
No failure or delay by LA Marketing in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by LA Marketing in writing.
17.6
If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
17.7
17.8
A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
17.9
The Contract between you and LA Marketing will be concluded in English only.
17.10
The Contract between you and LA Marketing is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
17.11
The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with the Online Terms.
18. Contact us
18.1
We can be contacted by any of the means set out here.
