IMPORTANT NOTICE: IF YOU ARE A CONSUMER AND YOU REQUEST IMMEDIATE DELIVERY OF OUR SERVICES, BY CONTINUING WITH YOUR PURCHASE YOU ARE EXPRESSLY AGREEING TO WAIVE YOUR RIGHT TO CANCEL THE CONTRACT WITHIN 14 DAYS IN ACCORDANCE WITH CLAUSE 7.5 BELOW.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply access to our online courses (“services”) to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in RED and those specific to businesses only are in BLUE.
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer, subject to the terms of any written agreement we may have agreed with you that is intended to replace these terms, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Insight222 Limited a company registered in England and Wales. Our company registration number is 10926588 and our registered office is at a 6th Floor, 25 Farringdon Street, London, EC4A 4AB, United Kingdom. Our registered VAT number is GB284663273.
2.2 How to contact us. You can contact us by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because we have identified an error in the price or description of the services.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Changes to these terms. We may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
5.2 Updates to our course content. We may change the content of our courses, provided that the content shall always match the description of it that we provided to you before you bought it.
5.3 Other changes to the services. We may change the services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat.
6. Providing the Services
6.1 When we will provide the services. We will make your chosen course available online for streaming by you as soon as we accept your order. The course will be available to you to view unlimited times unless you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
6.2 We are not responsible for delays outside our control. If our supply of any services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
6.3 Reasons we may suspend the supply of services to you. We may have to suspend the supply of services:
a) to deal with technical problems or make minor technical changes; or
b) to update the services to reflect changes in relevant laws and regulatory requirements.
6.4 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 24 hours and we will refund any sums you have paid in advance for any course which you have purchased access to but not yet viewed at the point you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract are as follows:
a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back), see clause 11 if you are a consumer;
b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
c) If you are a consumer and have just changed your mind about the services, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
d) In all other cases where you are a consumer (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.1);
b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
c) there is a risk that supply of the services may be significantly delayed because of events outside our control;
d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 24 hours; or
e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of any access to online courses after you have started to stream them for the first time, even if the cancellation period is still running.
7.5 How long do consumers have to change their minds? If you are a consumer you have 14 days after the day we email you to confirm we accept your order to change your mind about your purchase, or, if earlier, until you start streaming the online course for the first time. If we started streaming the online course to you immediately, and you agreed to this when ordering by accepting these terms, you will not have a right to change your mind.
7.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed. A contract for access to an online course is completed when the course is streamed to you for the first time. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8. How to end the contract with us if you are a consumer
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) Phone or email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
b) Online. Complete the form https://www.myhrfuture.com/contact on our website.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the services by the method you used for payment. However, we may make deductions from the price, as described below.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract for our services at any time by writing to you if:
a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
b) you are in breach of clause 11.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may withdraw the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 48 hours in advance of our stopping the supply of the services and will refund any sums you have paid in advance for courses that you have not streamed for the first time.
10. If there is a problem with the services
How to tell us about problems. If you have any questions or complaints about our services, please contact us on firstname.lastname@example.org.
11. Intellectual Property Rights
11.1 All intellectual property rights in or arising out of or in connection with the services and our online courses will be owned by us (or our licensors).
11.2 You have the right to stream the relevant online course you have purchased for the period set out in clause 6.1. You must not download, record or otherwise copy any online courses made available to you.
11.3 The rights granted to you under this clause 11 are personal to you and cannot be transferred. You must not allow a third party to have access to any online course made available to you.
12. Your rights in respect of defective services if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
In relation to services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
13. Price and payment
13.1 Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the service advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the service you order.
13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the service, we will adjust the rate of VAT that you pay, unless you have already paid for the service in full before the change in the rate of VAT takes effect.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
13.4 When you must pay and how you must pay. We accept payment with all major credit cards via our chosen third party payment providers - Stripe and Paypal. You must pay for access to our courses before you stream them for the first time. We have no control over and are not responsible for our third party payment providers’ websites.
13.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14. Our responsibility for loss or damage suffered by you if you are a consumer
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights as summarised at clause 11.1 and for defective products under the Consumer Protection Act 1987.
14.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. If you are a consumer we only supply the services for to you for domestic and private use. If you use the services for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 14.
15. Our responsibility for loss or damage suffered by you if you are a business
15.1 Nothing in these terms shall limit or exclude our liability for:
a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
b) fraud or fraudulent misrepresentation; or
c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
15.2 We warrant that the services will be performed with reasonable skill and care.
15.3 We reserve the right to amend the specification of the services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the services. Subject to our rights to amend the specification for the services set out in this clause, we will supply the services to you in accordance with the specification for the services appearing on our website at the date of your order in all material respects.
15.4 Except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the contract.
15.5 Subject to clause 14.1:
a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the services under such contract.
16. How we may use your personal information
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services n either the Northern Irish or the English courts.
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.