Terms & Conditions
- INTERPRETATION AND DEFINED TERMS
1.1 When the following words are used in these Terms, this is what they will mean:
1.1.1 ‘Business Day’ means a day (other than a Saturday or Sunday) when banks are open for business in London
1.1.2 ‘Digital Content’ means the digital content and resources accessible as part of the ONLINE STUDY GURU Service
1.1.3 ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, moral rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world
1.1.4 ‘Course Fee’ means the price stated on Our Website at the time you enrol for the course (save in cases of obvious error)
1.1.5 ‘Licence Term’ means 12 Months commencing on the Start Date unless otherwise specified in the course description
1.1.6 ‘Code of Conduct’ means the terms and conditions governing your use of the ONLINE STUDY GURU Service from time to time as provided to you by Us and/or as published on our Website.
1.1.7 ‘our’, ‘us’ means Online Study Guru, with registered address 24 Coulsdon Court Road Cr5 2LL
1.1.8 ‘Enrolment Confirmation Email’ has the meaning given to it in clause 2.4
1.1.9 ‘ONLINE STUDY GURU Service’ means the interactive online learning and/or paper-based learning service provided to you by Us.
1.1.10 ‘Start Date’ means the date when we first provide you with access to the ONLINE STUDY GURU Service or (if earlier) when we provide you with paper-based learning materials.
1.1.11 ‘Website’ means the website(s) used by Us to provide the ONLINE STUDY GURU Service (Online Study Guru.co.uk)
1.1.12 ‘you’, ‘your’ means you as the student enrolling on to the ONLINE STUDY GURU Service.
1.2 Clause, schedule and paragraph headings will not affect the interpretation of these Terms.
- OUR CONTRACT WITH YOU
2.1 These are the terms and conditions for your access to the ONLINE STUDY GURU Service.
2.2 You may place an order by applying for a course on our website or calling us.
2.3 We welcome orders submitted from outside the UK but will only accept the payment method specified within these Terms.
2.4 Acceptance of your order will only take place when we have received a payment from you and we send to you an email confirming we have accepted your enrolment (the ‘Enrolment Confirmation Email’). A contract will only be formed between you and us when we send to you the Enrolment Confirmation Email.
2.5 Please ensure that you read these Terms carefully, and check that the details on your order and these Terms are complete and accurate before you apply to enrol on any course. If you think that there is a mistake, please email us to discuss, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between us.
3.1 When we send to you of the Enrolment Confirmation E-mail we will grant you a non-exclusive, non-transferable, worldwide licence to access and use the ONLINE STUDY GURU Service for the duration of the Licence Term subject to these Terms.
- LICENCE RESTRICTIONS
4.1 You will:
4.1.1 promptly comply with our reasonable instructions from time to time concerning use and operation of the ONLINE STUDY GURU Service;
4.1.2 comply with all applicable laws in performing your obligations and exercising your rights under these Terms;
4.1.3 comply with the Code of Conduct;
4.1.4 not change, amend or develop the ONLINE STUDY GURU Service in any way; and
4.1.5 not make any copies of the ONLINE STUDY GURU Service, reverse-engineer or decompile the ONLINE STUDY GURU Service (other to the extent permitted by law and these Terms) or make any modification amendment or adaptation to the ONLINE STUDY GURU Service.
4.2 The ONLINE STUDY GURU Service is licensed for your own domestic and personal use only and may not be used for or in connection with any commercial purpose (save to the extent you are using the ONLINE STUDY GURU Service purchased for you by your employer). You will not use the ONLINE STUDY GURU Service to provide services to third parties.
5.1 The Course Fee as specified on our Website from time to time will be subject to change or withdrawal at any time before acceptance of your order by us.
5.2 The Course Fee stated on our website is in UK Sterling and includes applicable VAT for orders within the European Union. If the rate of VAT changes between the date of your order and the date of full delivery or performance, we may adjust the rate of VAT that you pay, unless you have already paid for the ONLINE STUDY GURU Service in full before the change in the rate of VAT takes effect.
6.1 The description of the ONLINE STUDY GURU Service will be as shown on our Website at the time that you submit your order, save in cases of obvious error.
6.2 We try to ensure that all descriptions of the ONLINE STUDY GURU Service and Course Fee are accurate. On the rare occasion that there is an error, we will advise you about it as soon as reasonably possible and will offer you the option of reconfirming your order or cancelling your order. If you cancel under this clause, we will refund or credit you for any sum which has been paid by you or debited from your credit card or other account for the ONLINE STUDY GURU Service in respect of that order.
- ACCESS TO THE SERVICE
7.1 To access the ONLINE STUDY GURU Service, you will be required to create a unique username and password. You will be entirely responsible for keeping your password confidential. You will not let anyone else use your unique user name and password to access the ONLINE STUDY GURU Service.
7.2 If you suspect or have reason to believe that somebody else is using or has used your password to gain access to the ONLINE STUDY GURU Service, you will notify us immediately. You are responsible for any activity under your username and/or password unless and until you have notified us.
7.3 You will need to make all the arrangements necessary to access the ONLINE STUDY GURU Service.
7.4 For the best possible experience, we strongly recommend that you use the latest available version of your chosen web browser. Our aim is that the ONLINE STUDY GURU Service will be accessible on the main browsers such as Firefox, Internet Explorer, Safari and Google Chrome. You may have issues from time to time if you use some of the less popular browsers. There may also be issues from time to time as browsers are updated and revised.
7.5 You may need to use the most recent version of Adobe Flash Player with your browser to display video.
7.7 To reduce the potential for you to experience difficulties when accessing and using the ONLINE STUDY GURU Service, we strongly recommend that you:
7.7.1 use a fast and uninterrupted broadband connection; and
7.7.2 if you have firewall software protection operating on your machines, ensure that firewall protection allows the possibility of video streaming.
7.8 You may be required to download third party software to use the ONLINE STUDY GURU Service. Your use of any third-party software is at your own risk, and you may be required to comply with their licence terms. Subject to clause 15 we accept no liability for the availability of such software or for any problems that may arise as a result of you downloading or installing any third-party software.
7.9 Access to the ONLINE STUDY GURU Service may be suspended temporarily without notice in the case of system failure, maintenance or repairs for reasons beyond our control.
7.10 We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.
7.11 You must not misuse our site by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server(s) on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the ONLINE STUDY GURU Service will cease immediately.
- INTELLECTUAL PROPERTY
8.1 We or our licensors own all the Intellectual Property Rights in the ONLINE STUDY GURU Service including without limitation the Digital Content. These Terms will not transfer any ownership in our or our licensors’ technology or Intellectual Property Rights. You will inform us immediately if you become aware of any infringement of our Intellectual Property Rights and provide such assistance as we may reasonably request. If any of the ONLINE STUDY GURU Service (including without limitation the Digital Content) becomes, or in our opinion is likely to become subject to an infringement claim, we may (at our option and expense):
8.1.1 obtain the right for the ONLINE STUDY GURU Member to continue using the ONLINE STUDY GURU Service (including without limitation the Digital Content);
8.1.2 modify or replace the ONLINE STUDY GURU Service (including without limitation the Digital Content) to avoid the infringement claim; or
8.1.3 if in our opinion neither 8.1.1 or 8.1.2 is commercially reasonable, terminate our agreement with you and provide a partial refund of the amount paid for the licence on a pro-rata basis.
9.1 We reserve the right to revise and amend these Terms from time to time.
9.2 You will be subject to the policies terms and conditions in force at the time that you purchase access to the ONLINE STUDY GURU Service, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions by posting the revised terms on our Website.
- YOUR RIGHTS TO CANCEL
10.1 You may cancel this Agreement by providing us with written notice in the following circumstances:
10.1.1 at any time before we send the Enrolment Confirmation E-mail;
10.1.2 SUBJECT TO THE IMPORTANT EXCEPTION IN CLAUSE 10.4, at any time up to 14 days after the day when the contract is made under clause 4.1 (this can be done either by (i) a clear statement by post or email or (ii) using the Model Cancellation Form in the following format).
Model Cancellation Form
To: Online Study Guru Limited, 24 Coulsdon Court Road, CR5 2LL
cancellations@Online Study Guru.co.uk
I hereby give notice that I cancel my contract for the supply of the following services:
[detail any courses you wish to cancel, and the reason for cancelling] ordered on [insert date] Student name:
Signature (only if you send this on paper)
10.1.3 if the ONLINE STUDY GURU Service fails to conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for purpose; or
10.1.4 if we change these Terms under clause 9 to your material disadvantage.
10.2 In respect of any cancellation notice provided under clause 10.1.1, 10.1.2 and 10.1.3 we will confirm your cancellation in writing to you and refund to you the payment made for the goods (plus postage at the lowest rate made available when you ordered the goods even if you chose a more expensive mode of delivery).
10.3 In respect of any cancellation notice provided under clause 10.1.4, we will confirm your cancellation in writing to you and provide a partial refund of the amount paid for the licence on a pro-rata basis from the date the Terms were changed.
10.4 You agree that the right to cancel will not apply and is waived where the specific ONLINE STUDY GURU Service involves a third-party software tool and you have accessed that third-party software already as part of the ONLINE STUDY GURU Service. (One typical example of this would be Sage One which would be available as part of certain courses relating to accounts and bookkeeping.)
10.5 Where you cancel under clause 10.1.2, you will not be entitled to any refund until 14 days after (i) the goods have been returned to us or (ii) you have provided evidence you have returned the goods. In addition, (i) we may deduct from any refund or charge you for any reduction in the value of goods returned to us as a result of your handling the goods (beyond what is necessary to establish the nature, characteristics and functioning of the goods), up to the price you paid for them; and (ii) you will be responsible for the cost of returning the goods.
- TERMINATION OF THIS AGREEMENT
11.1 This agreement is for the Licence Term.
11.2 We may terminate our agreement with you immediately if:
11.2.1 you fail to pay any sum due under these Terms;
11.2.2 you are in breach of the Members’ Terms (any payment made to us by you will not be reimbursed if your account is terminated for a breach of the Members’ Terms);
11.2.3 acting reasonably, we suspect you have been involved in any form of plagiarism (as set out in our Code of Conduct) either (i) on three or more separate occasions; or (ii) on one occasion, but the plagiarism is of a serious or flagrant nature in either case (i) or (ii) any payment made to us by you will not be reimbursed;
11.2.4 you commit any material breach of your obligations under these Terms which is incapable of remedy, or if capable of remedy, is not remedied within 5 Business Days of us giving written notice requiring the breach to be remedied; or
11.2.5 an Event Outside Our Control continues for more than 4 weeks in accordance with clause 17.3.4.
- EFFECT OF CANCELLATION, EXPIRY OR TERMINATION
12.1 On expiry, cancellation or termination of these Terms:
12.1.1 all rights and authorisations granted by us to you under these Terms shall automatically terminate and immediately revert to us; and
12.1.2 you will immediately stop using the ONLINE STUDY GURU Service and delete from your computer all Digital Content and any other content relating to the ONLINE STUDY GURU Service.
13.1 We warrant to you that the ONLINE STUDY GURU Service will, on delivery and for the Licence Term, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for purpose.
- DATA PROTECTION AND PRIVACY
- OUR LIABILITY TO YOU AS CONSUMER
15.1 If we fail to comply with these Terms, we are responsible (subject to clauses 15.2, 15.3 and 15.4) for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into these Terms.
15.2 We only supply the ONLINE STUDY GURU Service for domestic and private use or for business purposes where purchased for you by your employer. You agree on behalf of yourself and the ONLINE STUDY GURU Member not to use the ONLINE STUDY GURU Service for any re-sale purposes or any commercial purposes (save for business purposes where purchased for you by your employer), and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3 We do not in any way exclude or limit our liability for:
15.3.1 death or personal injury caused by our negligence;
15.3.2 any breach of the terms implied by section 2 of the Supply of Goods and Service Act 1982 (title and quiet possession);
15.3.3 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Service Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
15.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
15.4 Subject to clauses 15.2 and 15.3 of this Agreement, our total liability for any claims, losses, damages or expenses whatsoever and howsoever caused (even if caused by our negligence and/or breach of contract) shall be limited to the price paid by you for the Course.
- COMPLAINTS PROCEDURE
16.1 Complaints can be made and received in a variety of ways by phone, email, or letter but where possible complaints should be made in writing so that the details are clear.
16.2 If you are unhappy with our resolution and wish to seek further help here is where you can access Online Dispute Resolution http://ec.europa.eu/consumers/odr/
17.1 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 contract, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
17.2 We may transfer our rights and obligations under these Terms and conditions to another organisation, but that will not affect your rights or our obligations under this these Terms.
17.3 You may not transfer your rights and obligations under these Terms.
17.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control (an ‘Event Outside Our Control’).
17.5 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation: strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
17.6 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
17.6.1 We will contact you as soon as reasonably possible to notify you; and
17.6.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our performance of the ONLINE STUDY GURU Service, we will restart the Service as soon as reasonably possible after the Event Outside Our Control is over.
17.6.3 We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with our cancellation rights in clause 11.2.
17.7 If any court or competent authority decides that any of the provisions of these Terms or any provisions of our agreement is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.8 (Save for fraudulent misrepresentation) these Terms and any document referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
17.9 The Terms and any dispute or claim arising out of them will be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales, although we retain the right to bring proceedings against you for breaking these Terms in your country of residence or any other relevant country.
17.10 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.11 If we fail to enforce your compliance with these Terms, this shall not constitute a waiver of any of our rights under these Terms or otherwise.
- CONTACTING US
19.1 If you need to get in touch for any reason, our contact details are found on our Contact Us page.