Terms of Service
WHO ARE YOU, WHO ARE WE? (AKA “PARTIES”)
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“The Coloring In Department” is the brand of A Typical Day Ltd (No. 12553869)
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In these terms and conditions “we” means The Coloring In Department and “our” and “us” shall have the corresponding meaning; “you” shall mean you, the customer, and “your” shall have the corresponding meaning.
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WHAT ARE THINGS? (AKA “DEFINITIONS”)
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In these Terms and Conditions (“Terms“) unless specified the following words shall have the following meanings:
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“Brochure” means brochure of Courses published by a Training Provider from time to time;
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“Consumer Cancellation Period” means the period up until the relevant Course is delivered (which shall for this purpose be defined as access by you to the Materials or the Online Learning Environment) or the end of 14 calendar days from the date of purchase, whichever is shorter;
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“Course” means a course identified in an Order and consists of associated learning guides, tuition, support services and access to on-line materials.
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“Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software),database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;
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“Student Output” means any content that is produced by the student as part of the Course including but not limited to reports, presentation, videos, websites, web pages, graphics, copy, blog entries, quotes, potential names/trademarks, research, configurations and audio recordings;
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“Third Party Content” means content owned by third parties to which we may signpost Students towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;
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“Materials” means items associated with the Course either issued at the commencement of the course or at a later stage;
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“Online Access” means access to the Training Provider’s on-line learning community and online learning material (the “Online Learning Environment“);
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“Access Forever” means access to the purchased course for the duration of it’s product lifetime, unless otherwise stipulated;
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“Order” means an order submitted by you to us to procure a Course for you from the Training Provider.
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“Price” means the price of the Course, including carriage, packaging and VAT;
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“Training Provider” means a company or organisation that provides training courses to companies and individuals and is listed in the Order as the provider of the Course.
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“Site” means the Training Provider’s website
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A BIT OF AN OVERVIEW
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These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with any Course(s) ordered by you by telephone. You should understand that by ordering any of our Course(s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
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By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old but under 76 years of age and in good health .
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You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose to gain Online Access remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us or the Training Provider immediately.
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You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain On-line Access or purchase Course(s).
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We reserve the right to: (a) suspend or terminate access to On-line Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Training Provider’s Brochure or Site at any time; and(c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default).
MONEY (AKA “PAYMENTS”)
The Price for the Course must be paid in full prior to access being granted, or as otherwise defined in the Order.
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If you fail to make payments on time as defined in the Order, we reserve the right to suspend our Services and Online Access until appropriate payment has been received.
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The Price for the Course is payable by you prior to access being granted, and shall be payable by you in full, or according to the payment schedule set out in page 1 of this document, by credit/debit card.
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Prices are liable to change at any time, and on any platform – in line with their varied promotion schedules.
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YOUR COURSE & CONTENT
An Order shall be deemed to be an offer by you to purchase the Course on these Terms, which we shall be free to accept or decline at our absolute discretion.
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We will grant Online Access and send login details to the last email address provided to us. Proof of delivery of login details (or use of the Online Learning Environment) will bind you to these Terms.
SERVICES RENDERED
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By accepting these Terms, you also agree to the provision by the Training Provider of the Services set out in this Clause 5.
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The Training Provider may sub-contract our obligations under these Terms (including without limitation the provision of the Tutor Support) to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
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ONLINE ACCESS
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As part of your course you may need to log on to the On-line Learning Environment to access Materials and complete your Course. Whilst doing so you agree to abide by the rules of the Online Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the Online Learning Environment in the event that you breach any of these Terms or the rules of the Online Learning Environment.
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We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected immediately. In the event of significant disruption to access which impacts the learning experience, we will endeavour to create contingency plans to ensure you can receive all the training expected from the Course.
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OUR CONTENT RIGHTS (AKA “COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS”)
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The Intellectual Property Rights in the Course(s), Materials and the Online Learning Environment are owned by and shall remain vested in the Training Provider or its licensors.
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The Intellectual Property Rights in the Student Output shall be owned by and shall remain vested in us and our licensors.
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Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Courses, Materials, Online Learning Environment, Student Output and/or the Software. You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Course(s) or use (other than as permitted under these Terms) reproduce or deal in the Course(s) or any part thereof in any way.
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By agreeing to these Terms we procure that we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Course and Student Output only for your own personal use and for completing the Course.
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Where Online Access is granted by the Training Provider you agree that: (a) the licence granted to you to access the content on the Online Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the Online Learning Environment as applicable from time to time; (b) upon termination or in circumstances where payment has not been received by us in respect of the Course in full we may suspend or terminate your Online Access.
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OTHER PEOPLES CONTENT (AKA “THIRD PARTY CONTENT”)
During the course we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.
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In instances where we provide links to other third party websites that may be of interest to our website visitors, when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of the Training Provider.
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We are not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
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The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.
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If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
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ENDING OUR RELATIONSHIP (AKA “TERMINATION”)
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We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your Online Access until such a breach has been remedied; (b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); (c) you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
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You will be entitled to terminate the agreement set out under these Terms under the terms of “Cancellation” – outlined below.
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If either party terminates the agreement set out in these Terms, you must (a) return the Materials and Software to us; (b) destroy all copies of the Software including any Software stored on the hard disk of any computer under your control; and (c) cease using the Services and Online Access immediately.
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SOME RESTRICTIONS (AKA “LIMITATIONS”)
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Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
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Other than in respect of liability referred to in the context of other peoples content, we shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
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The information in the Training Provider’s Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
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We cannot guarantee that the Online Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the On-line Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages the On-line Learning Environment from time to time.
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We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 3 above.
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USE OF YOUR DATA
Any personal information collected by us or the Training Provider will be used by the relevant party in accordance with the General Data Protection Regulations of the European Union. The Training Provider will take reasonable & appropriate measures to keep students’ personal information secure. Any disclosures of information will be made only with your permission. The Training Provider may use your name, e-mail address, home address and telephone number to contact you for any matter relating to other courses in which they feel you may be interested in. We will process the data which you provide to us or the Training Provider, or other information that we obtain about you during any of our dealings with you, to provide credit, to help us make credit decisions about you , to prevent fraud, to check identity, to prevent money laundering and to assess your application, to administer the Agreement, to collect instalments (including via 3rd party collection agencies). We may search the files of credit reference agencies who will record such credit searches (whether or not the application is successful).
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At time to time during the Course you will be required to work in groups. You agree that during the Course the contact details which you have provided (including email address) may be shared with other members of your group for the purposes of assisting you and the other members of your group with collaborative work.
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CANCELLATION
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014 (“Consumer Contracts Regulations”) you may cancel your purchase of a Course within a period of fourteen (14) calendar days (“Cancellation Period”) from the date of your purchase.
In addition to your rights under the Consumer Contracts Regulation 2014, we also offer the following refund and deferral policy for the Course (where there is no legal right to a full refund under the Consumer Contracts Regulation 2014 or otherwise).
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You will receive a full refund of any payment already received
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In the case where a refund to you is due, we will process such refund as soon as possible and, in any case; within fourteen (14) days of the day you have given notice of your cancellation
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Complaints
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Our standard channel for all complaints is through the “Student Services” department of the Training Provider and all such communications should be directed to their registered address.
Where The Coloring In Department is the Training Provider, you can email us directly via support@thecoloringindepartment.com
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OTHER RELATED ITEMS (AKA “MISCELLANEOUS”)
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These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
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If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
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If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
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Any notices required to be served on us shall be served at our Registered Offices. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail that such e-mail was sent to the specified e-mail address of the addressee.
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The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.
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These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales