NailKnowledge Online Courses – terms and conditions
1. These terms
1.1 Key Definitions:
Candidate means any educator, college, academy or salon of a group customer to whom a Seat is allocated for that group.
Course means the online learning course that we have agreed to provide to you and any associated course materials.
Seat means the right for a direct customer or one Candidate to access and partake in a single Course.
1.2 These are the terms and conditions on which Professional Animated Learning Limited (“PAL” “we” “us” “our”) supplies courses listed on our website https://nailknowledge.org (“Website”) to you.
1.3 Customers can purchase one or more Seats on the Course which they have chosen, and each Seat provides a single user with access to the chosen Course. For group customers purchasing for its Candidates, the group customer will then allocate the purchased Seats to its Candidate as set out at clause 4.
1.4 Please read these terms carefully before submitting an order for any of Courses to us. These terms tell you who we are, how we will provide our 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. If you think that there is a mistake in these terms, please contact us to discuss.
1.5 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:
- you are an individual; and
- you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
All clauses will apply to both business customers and consumers unless otherwise stated.
1.6 By ordering a Seat for any of our Courses you agree to be bound by these terms, our General Privacy Notice and any other privacy notices we provide you with from time to time.
1.7 Our Website provides information relating to the Courses. All courses advertised on the Website are provided by PAL.
1.8 We reserve the right, entirely at our discretion, to refuse orders relating to any of the Courses which we may offer from time to time.
2. Information about us and how to contact us
2.1 We are PAL a company registered in England and Wales. Our company registration number is 12633217 and our registered office is c/o Francis Clark LLP, North Quay House, Sutton Harbour, Plymouth, PL4 0RA. Our registered VAT number is GB350613037.
2.2 You can contact us by writing to us at Unit 50, Faraday Business Park, Faraday Road, Plymouth, PL4 0ST. You can also contact us by email at [email protected].
2.3 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 When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Please note that submitting an order constitutes an offer to buy one or more Seats on a Course from us. We may acknowledge receipt of your order but this will not constitute acceptance of your order unless we specifically state so. Our acceptance of your order will only take place when we email you confirming that we accept it at which point a legal contract will come into existence between you and us. Your offer will be subject to our Charges as set out at clause 8.
3.2 If we are unable to accept your order, we will endeavour to inform you of this in writing and will not charge you for the Seat(s). This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit report we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Course, because your payment has been unsuccessful, or we are exercising our rights under clause 1.8.
4. Changes to orders and use of Seat login details
4.1 If you wish to change or cancel your order after we have accepted it, and we agree to such change, we will modify the Charges accordingly or provide a refund as appropriate. Please note that, subject to clause 5, agreement of any such change or cancellation is entirely at our discretion once your order has been accepted by us, no refunds are allowed without such agreement from us.
4.2 Where you are purchasing Seats as a group customer for your Candidates, you may allocate paid for Seats to your Candidates as you see fit. In such cases:
4.2.1 you must provide us with sufficient details of each allocation to enable us to provide you or the Candidate direct (as you prefer) with their own login details; and
4.2.2 it is your responsibility to ensure that you provide us with the correct contact details for any Candidates to whom we are to send login details and, if you are distributing the details yourself, to ensure that you do so correctly;
4.3 Once a user starts the Course using login details issued by us, those details provide indefinite access (subject to these terms and conditions) to you or the Candidate as the case may be.
4.4 Login details may not be shared with other persons and must be kept secure and confidential by you and, if applicable, your Candidate once issued by us.
5. Exercising your right to change your mind if you are a consumer (Consumer Contract Regulations 2013)
5.1 If you are a consumer then for most products bought on-line you have a legal right to change your mind, within 14 days or (if earlier) until you first access the Course (“Cooling Off Period”), and receive a refund.
5.2 As the Courses qualify as digital content you do not have the right to change your mind once you have logged on to or accessed or streamed them even if this is within the 14 days period.
5.3 As a consumer, once you have placed an order for a Seat for one of our Courses, you may cancel the contract at any time within the Cooling Off Period. The Cooling Off Period runs from the date on which we emailed you in order to confirm our acceptance of your order.
5.4 To cancel a contract during the Cooling off Period, you must inform us in writing by sending a cancellation letter by Royal Mail recorded delivery to our registered office address, or by email to [email protected]. You must also return any course materials that we have sent to you immediately, in the same condition in which you received them, and at your own cost and risk. A cancellation is not final until all such course materials are returned. You have a legal obligation to take reasonable care of all course materials whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 If, in our reasonable opinion, any course materials are not returned to us in the same condition you received them, you may be charged a replacement charge.
5.6 After the Cooling Off Period has elapsed, we cannot accept course materials being returned unless you have a statutory right to do so.
5.7 The requirements above in this clause 5 are without prejudice to and do not limit any other statutory rights that you may have to cancel the contract. If you are a consumer, you may have the right to end the contract where you want to end the contract because of something we have done or have told you we are going to do (e.g. we have notified you of a pricing error) or if what you have bought is faulty or misdescribed.
6. Ending the contract because of something we have done or are going to do.
6.1 If you are ending a contract for a reason as set out below the contract will end immediately on our receipt of your notice of cancellation and we will refund you in full for any Seats for the cancelled Course(s) which you have not used. The reasons are:
6.1.1 we have told you about an error in the price or description of the Course you have ordered and you do not wish to proceed (see clause 8.6);
6.1.2 there is a risk that supply of the Course may be significantly delayed because of events outside our control (see clause 13.3);
6.1.3 we have suspended supply of the Course for technical reasons, or notify you we are going to suspend them for technical reasons (see clause 15.2); or
6.1.4 you have a legal right to end the contract because of something we have done wrong.
7. How to end the contract with us (including if you are a consumer who has changed their mind)
7.1 To end the contract with us, please let us know by doing one of the following:
7.1.1 Email. email us at [email protected] . Please provide your name, home address, details of the order and, where available, your phone number and email address.
7.1.2 By post. Write to us at Unit 50, Faraday Business Park, Faraday Road, Plymouth, PL4 0ST, including details of what you bought, when you ordered or received it and your name and address.
7.2 If you are entitled to a refund under these terms we will refund you the price you paid for the Seats by the method you used for payment. However, we may make deductions from the price, as we are entitled to under these terms.
7.3 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.
8. Charges
8.1 In consideration of us providing access to the Course(s) to you or your Candidates, you must pay our charges (Charges) in accordance with this clause 8. Our charges are usually determined by reference to the number of Seats that you order at any time for a particular Course.
8.2 Subject to clause 8.6, the Charges are the prices quoted on our website at the time you submit your order.
8.3 We use our best efforts to ensure that the prices stated for our Seats are correct at the time when the relevant information was entered on to our website or the charging structure was issued to you. However, please see clause 8.6 for what happens if we discover an error in the prices relating to your order.
8.4 Our Charges may change from time to time, but changes will not affect any order that we have already accepted.
8.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all Seats you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
8.6 It is always possible that, despite our best efforts, some of the prices on our website or other pricing materials may be incorrectly stated. In such cases, the following will apply:
8.6.1 where the correct price for the Seats is less than the price stated by us, we will charge you the lower amount;
8.6.2 if the correct price for the Seats is higher than the price stated by us, 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 or Seats at the correct price or cancelling your order. We will not further process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing; and
8.6.3 in any case, if we mistakenly 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 cancel supply of the Course or the Seats and refund you any sums you have paid for them.
9. How to pay
9.1 Payment for Seats is due in full in advance. Payment for Seats is normally required to be made through our online payment provider or by electronic transfer/BACS. Seats will only be allocated once the payment has been completed.
9.2 We will send you an electronic invoice following confirmation of acceptance of your order, and a separate confirmation of issue of the ordered Seat(s) following receipt of your payment.
9.3 We also reserve the right to suspend your and your Candidates access to the Courses in the event that you fail or cancel payments which are due, until any outstanding amounts are paid. We will endeavour to contact you to tell you we are suspending your access to the Courses. We will not suspend access to the Courses where you have a genuine dispute over an unpaid invoice under clause 9.4.
9.4 If you think you have been charged the wrong amount please contact us promptly to let us know. Where we accept that you genuinely have a concern you will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9.5 We are entitled to be paid all amounts due in respect of each accepted order in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10. Intellectual Property Rights
10.1 All copyright and other intellectual property rights relating to the Courses and any course materials are either owned by or licensed to us.
10.2 Login details for accessing any Course and any related course materials are provided for the sole use by you or the Candidate, as the case may be, and may not be reproduced or shared with anyone else.
10.3 Viewing of a course using the login details issued by us must be solely by you or the allocated Candidate, as the case may be. No videoing or other recording or broadcasting of all or any part of a Course or course materials may be made.
10.4 Copying, adapting, reproducing, selling, distributing, modifying or any other use of all or any part of a Course or course materials without permission is strictly prohibited.
11. Minor changes to the Courses
11.1 We may change the Courses:
11.1.1 to reflect changes in relevant laws and regulatory requirements and to ensure the Courses remain compliant with those standards; and
11.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Courses.
11.2 Any such changes under clause 11.1 will not constitute a change to the order or a breach of contract by us.
12. Updates to digital content
12.1 We may update or require you to update digital content provided as part of the Courses, provided that the digital content shall always match the description of it that we provided to you before you bought it.
13. Providing the Courses
13.1 During the order process we will let you know when you will be able to access the Courses.
13.2 You will be permitted to access the Courses until you end the contract as described in clause 5 or 6 or we end the contract by written notice to you as described in clause 16.
13.3 We will endeavour to fulfil your order within a reasonable time, but we are not responsible for delays outside our control. If our supply of the Course is delayed by an event outside our reasonable 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 then we will notify you of this and in such case you may contact us to end the contract and receive a refund for any Courses you have paid for but not accessed.
13.4 It is your responsibility to inspect the Courses as soon as you have access to it and to inform us about any defects.
14. Status of the Courses
14.1 Unless we have expressly stated otherwise on our Website or other marketing materials:
14.1.1 all Courses are comprised of content that we consider reflects good industry standards and practice, and as such contain expert opinions, scientific facts and expressions that may be subjective and not universally held;
14.1.2 while we are confident that our Courses are well structured, informative and reflect high standards within the industry, we do not assert that our Courses reflect absolute statements of fact or the best or only applicable practice and standards;
14.1.3 no regulated full qualification is provided in respect of the Courses; they are intended to teach knowledge and understanding only;
14.1.4 accordingly we accept no liability for any loss or damage that you may suffer or incur (other than liability for death or personal injury caused by our negligence) as a result of any reliance or change of position that you place or make in connection with accessing or relying on or Courses or any certificate that we may issue in respect of your accessing them.
14.2 We do not make any commitment to you that the content of the Courses will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs.
15. Suspending access to the Courses
15.1 We may have to suspend your access to our Courses to:
15.1.1 deal with technical problems or make minor technical changes;
15.1.2 update the product to reflect changes in relevant laws and regulatory requirements;
15.1.3 make changes to the Course as notified by us to you (see clauses 11 and 12).
15.2 We will endeavour to contact you in advance to tell you we will be suspending access to the Courses, unless the problem is urgent or an emergency. If we have to suspend access to the Course for longer than 4 weeks, you may cancel the contract in respect of any Seats that have not yet been accessed and we will refund any sums you have paid in advance for those Seats.
16. Our right to end the contract
16.1 We may end this contract and terminate Course login details at any time by writing to you if:
16.1.1 if you have paid by credit card and the payment is reversed or recovered;
16.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a valid email address which is required for the Course to operate; or
16.1.3 we reasonably determine that you or your Candidates have breached clause 4.4 or any part of clause 10.
16.2 If we end the contract in the situations set out in clause 16.1 may withdraw access to the Course(s) and we will refund any money you have paid in advance for products 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.
17. If there are problems with the Course
17.1 If you have any questions or complaints about the Course, please contact us. You can email us at [email protected].
18. Your rights in respect of a defective course if you are a consumer
18.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. 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 Courses qualify as digital content. 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
See also clause 5.
19. Our responsibility for loss or damage suffered by you if you are a consumer
19.1 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.
19.2 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 in relation to the products as summarised at clause 18.1
19.3 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.
19.4 If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 20.
20. Our responsibility for loss or damage suffered by you if you are a business
20.1 Nothing in these terms shall limit or exclude our liability for:
20.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
20.1.2 fraud or fraudulent misrepresentation;
20.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
20.1.4 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
20.2 Subject to clause 20.1:
20.2.1 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
20.2.2 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 amount of our Charges for the Seat(s) and Course(s) to which the liability relates.
21. How we may use your personal information
We will only use your personal information as set out in our General Privacy Notice https://nailknowledge.org/privacy-page and any other privacy notices we may provide you with from time to time.
22. Other important terms
22.1 We may transfer our rights and obligations under these terms to another organisation. We will endeavour tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
22.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
22.4 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.
22.5 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 allow you to access the Courses, we can still require you to make the payment at a later date.
22.6 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you are a consumer living in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you are a consumer living in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. If you live outside of the UK legal proceedings can only be brought in the courts of England.
22.7 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 shall have exclusive jurisdiction to settle any such dispute or claim.
Schedule – Model Cancellation Form for Consumer Customers
(Complete and return this form only if you wish to withdraw from the contract)
To PAL:
Correspondence address Unit 50, Faraday Business Park, Faraday Road, Plymouth, PL4 0ST.
Email address [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
© Crown copyright 2013.
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