These terms and conditions apply to Services provided by Bring Your Own Laptop (“BYOL” or “we” or “us”) through the website http://www.bringyourownlaptop.com/ (“the Website”).
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the de- fault of the party disclosing the information, information required to be dis- closed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by BYOL to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to BYOL for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databas- es, patent rights, performers’ rights, designs and registered designs, trade- marks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means https://www.bringyourownlaptop.com/. “you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Services together with the dates on which the Ser- vices will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a par- ticular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.4 Our services use third-party resources and services. In this sense, we use Stripe and PayPal as payment third-party processors, Mailchimp to store and manage emails, Mailgun for the automatic email based procedures.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.1 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of BYOL.
5. Fees & Refund
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Mate- rials and any delivery costs payable in respect of the delivery of Course Mate- rial to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant pro- fessional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of pur- chase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and BYOL shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
5.7 Payments may be performed using Stripe, PayPal.
5.8 We provide a time-window of 14 days for any refund request.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although BYOL aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Ser- vices. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for pur- pose or conformance with description).
6.4. Subject to clause 6.5 below, BYOL’s total liability arising from or in con- nection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit BYOL’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresenta- tion or (iii) any other matter which under English law may not be limited or ex- cluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of BYOL or its licensors, whether adapted, written for or customized for the Client or not.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the On- line Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of BYOL on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non- transferable, non-exclusive license to use the Course Materials and the soft- ware in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- a. fail to pay when due your Fees;
- b. act in an aggressive, bullying, offensive, threatening or harassing man- ner towards any employee of BYOL, any teacher or lecturer who pro- vides the Taught Courses or any student who attends any Taught Course;
- c. cheat or plagiarize any work which you are required to prepare or sub- mit in connection with the Services or during any examination taken in connection with the Services;
- d. steal or act in fraudulent or deceitful manner towards us or our employ- ees or any other students who may be on our premises or attending our Taught Courses;
- e. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- f. are intoxicated through alcohol or illegal drugs while on our premises;
- g. commit any criminal offense committed on our premises or where the victim is our employee or student;
- h. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confi- dentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other com- pany without prior notice to you.
11. Entire Agreement
12. Force Majeure
BYOL shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, fail- ure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclu- sive jurisdiction of the English courts in connection with any dispute hereun- der.
You can contact us by any of the following methods: Email: email@example.com.