Terms of Sale for E-Learning Courses
The following terms of sale apply to all sales of e-learning courses. Your attention is specifically drawn to the section on Limitation of Liability.
These terms and conditions were last updated on 28 October 2020.
Simple Legals is a trading name of Thackmore Limited, (company number 11963814) (we and us), a company registered in England and Wales and our registered office is at Bank House Farm, Renwick, Penrith, Cumbria CA10 1JL. Our VAT number is GB321172056.
Details of how to contact us are set out on our Contact Us page. How to give us formal notice of any matter under the Contract is set out below.
We are not a law firm. Any training provided by us is given for educational purposes and is not intended to constitute legal advice.
Third party course providers
Some of the courses available on our site are sold by third party course providers. Where you purchase such a course we are acting as agent for the third party course provider, and they will be bound by these terms as though they had entered into them with you.
Our contract with you
These terms and conditions (Terms) apply to the order by you and supply of e-learning courses and associated materials by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
These Terms and the Contract are made only in the English language.
You should print off a copy of these Terms or save them to your computer for future reference.
Placing an order and its acceptance
Placing your order
Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy access to the courses specified in the order subject to these Terms.
Where we have agreed to take your order via another method (such as email, or purchase orders), then these Terms shall still apply, but shall be read in accordance with the agreed order mechanism.
Our online order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
Accepting your order
Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence.
Cancelling your order
If you are a consumer, you may cancel the Contract and receive a refund, if you notify us as set out below within 14 days of your receipt of the Order Confirmation. You are not entitled to cancel the Contract once you have accessed the e-learning course, even if the 14-day period is still running.
To cancel the Contract, you can use the contact details provided on our Contact Us page. If you are emailing us or writing to us, please include details of your order to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or email us before midnight on that day.
If you cancel the Contract, provided that you have not accessed the cancelled course we will refund you in full for the price you paid for the cancelled course(s), by the method you used for payment. If you have accessed the course, then any refund will be at our absolute discretion.
If you are a business customer, then we are under no obligation to cancel the Contract but please do Contact Us if you wish to cancel and we may be able to refund you some or all of the amount paid provided that you or your users have not accessed the course.
Descriptions and illustrations
Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the courses described in them. They will not form part of the Contract or have any contractual force.
Date of publication
We will take reasonable care and skill to ensure that are courses state the law correctly as at the date of publication. Our course descriptions will tell you when the course was published and last updated.
During the term of your licence to access a course, there may be changes in the law or practice that mean that the contents of the course are no longer accurate. These courses may be updated during the course of your licence, but we are under no obligation to ensure that the course remains up to date beyond the stated date of publication.
Changes to courses
We reserve the right to amend the contents of our courses if required by any applicable statutory or regulatory requirement, to update the course content to reflect any changes in the law or practice or if the changes will not materially adversely affect the nature or quality of the course.
Reasonable care and skill
We warrant to you that the courses have been prepared using reasonable care and skill.
In consideration of us providing access to the e-learning courses and associated materials you must pay our fees (Fees) in accordance with this section.
The Fees are the prices quoted on our site at the time you submit your order.
We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see below for what happens if we discover an error in the price of the e-learning courses you ordered.
Our Fees may change from time to time, but changes will not affect any order you have already placed.
Our Fees are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Fees.
Errors on our site
It is always possible that, despite our reasonable efforts, some of the courses on our site may be incorrectly priced. If the correct price for the course(s) is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the course(s) at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we may treat the order as cancelled and notify you in writing and refund you any sums you have paid.
How to pay
Payment for the training is in advance. We will take your payment upon acceptance of your order.
You will not be able to gain access to your course(s) until payment has been received in full.
If a problem arises or you are dissatisfied with the course, please do Contact Us and we will discuss with you how we can resolve any dissatisfaction.
Intellectual property rights
All intellectual property rights in or arising out of or in connection with the e-learning courses and their delivery will be owned by us and our licensors.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence to copy any course materials for the purpose of receiving and using the training in your business. You may not sub-license, assign or otherwise transfer these rights.
How we may use your personal information
We will use any personal information you provide to us to:
- provide the training;
- process your payment for the training; and
- inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
We will process your personal information in accordance with our Privacy Notice, the terms of which are incorporated into this Contract.
Limitation of our liability
Liability is not limited where it is unlawful to do so
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
No liability for indirect or consequential losses
Subject to the above, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
Limit to our liability to you
Subject to the above, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Fees paid under the Contract for the relevant course.
The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Notice period for claims
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Website terms and conditions not affected
Survival of termination
This limitation of liability section will survive termination of the Contract.
Termination and survival of terms
Without limiting any of our other rights, we may suspend your access to courses, or terminate the Contract with immediate effect by giving written notice to you if:
- you fail to pay any amount due under the Contract on the due date for payment.
Survival of terms
Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the services with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid pro-rata for any unused licence term from the date of the occurrence of the Event Outside Our Control.
Communications between us
When we refer to “in writing” in these Terms, this includes email.
Any notice or other communication given under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
A notice or other communication is deemed to have been received:
- if delivered personally, on signature of a delivery receipt;
- if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
- if sent by email, at 9.00 am the next working day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this section will not apply to the service of any proceedings or other documents in any legal action.
Assignment and transfer
We may assign or transfer our rights and obligations under the Contract to another entity.
You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Third party rights
Subject to the below, the Contract is between you and us. No other person has any rights to enforce any of its terms.
Where we are entering into the Contract as agent for a third party course provider, then both we and the third party course provider are entitled to enforce the Contract in our own names.
Governing law and jurisdiction
The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.