Agreement means these terms and conditions;
Product(s)means any product(s) including but not limited books and promotional materials which may be included as part of the Subscription but which are not downloadable;
Subscription means a subscription to access paid digital Subscription service(s);
Subscription Service(s)means the streaming of educational videos and/or downloading e-learning materials and/or resources;
We,Us and Ours means Avery Hill Education Limited;
Website means the website located at www.averyhilleducation.com or any URL which replaces it;
Website Content means all materials on the Website, including all information, data, text, recordings, images and software;
You,Your means any user, visitor, customer, merchant, or browser of this Website.
- General Provisions
Headings used in this Agreement are for convenience only and do not limit or affect these terms and conditions.
2.2 We reserve the right to update, modify or replace any part of these terms and conditions from time to time and any such updates/changes shall be effective upon posting on Our Website. It is Your responsibility to check for any changes.If You are not willing to accept these updates/changes You should leave Our Website immediately. Continued use or access to Our Website following the posting of any updates/changes constitutes acceptance of these changes
2.3 By accepting these terms and conditions You represent and warrant that You have reached the age of majority in the jurisdiction where You reside and have provided Us with Your consent to allow any dependent minor to use our Website or have the consent of a legal guardian.
2.4 You are personally responsible for all costs and charges of any purchases and/or transactions made Our Website. You represent and warrant that: (i) all the registration information You provide is truthful and accurate (ii) You will not use Our Products or Subscription Service(s) for any illegal or unauthorized purpose (iii) You will not intentionally transmit any worms, viruses or destructive codes of any nature (iv) You will not reproduce, copy, duplicate, sell, resell or exploit any Products or Subscription Service(s) (v) You will not disclose or You login details including Your username or password to any third party or use the account, username or password of any other Website user.
2.5 You will notify Us immediately if You suspect any unauthorised use of Your account, username or password. You are solely and entirely responsible for maintaining the confidentiality of Your account, username and password and for any and all use of Your account.You must notify Us immediately of any unauthorised use of any of these or any other security breach in respect of Our Website.
2.6 We reserve the right to modify or change the contents of Our Website at any time. It is Your responsibility to monitor any changes to our Website. We make no representations or warranties as to the operation of Our Website or as to the accuracy, completeness or timeliness of the information, content, materials, Products or Subscription Service(s) included on the Website and any reliance in respect of same is at Your own risk. Except to the extent provided by law, We disclaim and accept no responsibility as to the information, content, materials, Products or Subscription Service(s) on or arising from the use of Our Website whether direct, indirect, consequential or otherwise.
2.7 We reserve the right to suspend or terminate access to Your account upon written notice or to refuse service to anyone for any reason. We also reserve the right to suspend or terminate Your Subscription without notice or refund if in Our absolute discretion We believe that You have breached this Agreement or abused any right or privilege. In the event that We suspend, terminate or cancel Your account and/or Subscription, You remain liable for any and all outstanding payments and charges.
2.8 We reserve the right to correct any errors, inaccuracies, omissions in respect of pricing, Product description, availability, offers, promotions, shipping charges, dispatch and transit times and to amend or update information and cancel any order at any time and without prior notice (including after an order has been submitted) if any information on our Website is inaccurate. We are under no obligation to update, amend or modify on our Website except as required by law.
2.9 Breach or violation of any of these terms and conditions will result in closure of Your Account and termination of services.
- Registration of User Account
3.1 You must register and create a User Account in to purchase Our Products and Subscription Service(s). Your three month Subscription will allow You access to stream online educational videos from our Website and download digital versions of certain e- learning materials and/or resources.
3.2 In addition to Your obligations in accordance with Clause 2, You agree not to let anyone access the online educational videos or download digital versions of any e- learning materials and/or resources.
3.3 You are responsible for ensuring that Your computer system meets all relevant technical specifications which are compatible with and/or necessary to run and use Your Subscription and/or Website including any other website which may be required to run the Subscription Service(s), stream videos and download e-learning materials and/or resources. We are not responsible for any faults/delays which arise from You not having the necessary software, equipment or internet capacity.
3.4 We reserve the right to change technical requirements, re-design, replace or discontinue digital Subscription services or suspend their availability from time to time to carry out maintenance work without notice and without any liability to You or any third party.
3.5 Although We take all reasonable steps to ensure that email and other methods of electronic communication are virus free, We does not assume responsibility for any loss of data or damage caused by any virus or malware. It is Your responsibility to ensure that all reasonable steps and appropriate checks and taken to protect Your computer.
4.1 Pre-orders are orders for products that are not available for general sale on the Website. Pre-order payments do not guarantee availability of a Product or Subscription Service and represent an offer to purchase a Product or Subscription Service when available for general release. Your offer is only accepted once the Pre-ordered Product is sent to You and/or You are granted access to a Subscription Service.
4.2 You will need the pay the full price of the Product and/or Subscription Service including any delivery charges when You place a Pre-order. You may cancel a Pre-order and receive a full refund of Your Pre-order payment within thirty (30) days of the date of Your Pre-order. No refund will be given if You cancel after thirty (30) days.
4.3 Release dates are subject to change. We are not liable for any changes to Release dates or advertised Pre-Order availability or Release dates.
- Prices, Orders & Products
5.1 All orders and payments are placed via the URL page on the Website and are confirmed by email only. If You do not receive an email confirmation, Your order shall be deemed rejected. If the Product(s) or Subscription Service(s)You order are temporary unavailable We shall notify You and supply the Product(s) or Subscription Service(s)You ordered as soon as they become available. We are under no obligation supply any Product(s) which have been “sold out”. In the event that we accept an order for any “sold out” Product(s) Our liability to You is restricted to a refund of the price paid.
5.2 You acknowledge when placing an order that: (i) all information and specifications relating to a Product is approximate only (ii) we cannot guarantee that Your computer monitor(s) and printer(s) display of the colours and images of our Products or Subscription Service(s) will be as they appear on the Website (iii) We may correct any error on the Website or other document or information including prices without any liability to Us.
5.3 The price of any Product or Subscription Service is inclusive of VAT and is as quoted on the Website subject on the date of the order subject to pricing errors whether technical or otherwise. The price does not include the cost of delivery which is additional to the cost of the Product(s). Any applicable sale or other taxes will be charged at the rates in force from time to time.
5.4 Subscriptions are for a three month period and will automatically renew unless We are notify by You within fifteen (15) days prior to the renewal period that You wish to cancel Your Subscription. If You do not cancel Your Subscription You will be automatically billed the price of the Subscription at the time of the renewal until such time as You notify Us that You wish to cancel Your Subscription. No refund will be given for Subscriptions that are automatically renewed or cancelled during a billing period.
5.5 Prices for our Products and Subscriptions are subject to change without notice and will be published on the Website. Price changes take effect from the date they are published on the Website. We are not liable to You for any price changes, modification or discontinue of any Product, Subscription Service or any part thereof.
5.6 We do not warrant that the information, Subscription Services, materials, resources or quality of any Product will meet Your expectations.
5.7 If any payment is delayed We shall be entitled to charge interest on all sums due, reminder fees and debt collection fees.You agree that we may pass Your details on to a debt collection agency for purposes of recovery our payment.
5.8 We reserve the right to limit the sale and quantities of our Products or Subscriptions to any person or jurisdiction and to discontinue any Product at any time.
6.1 Products will be dispatched subject to stock within seven (7) working days of an order being confirmed and will be delivered to the address in the order. Time for delivery shall not be of the essence. We bear no liability or responsibility for dispatched but undelivered Products Risk of damage or loss shall pass You on delivery or, if You fail to take delivery, on the date of attempted delivery. We retain title to all Products ordered until payment has been received in full notwithstanding that the Product(s) may already have been delivered to You.
- Cancellation and Returns
7.1 The right to cancellation does not apply to digital Subscription Services which become non-returnable and non-refundable at the moment of download. If You attempt to download or stream any media or materials of any description on the Website before or during the cancellation or withdraw period You acknowledge and accept that You are liable for payment even if the cancellation period has not expired but will still be entitled to cancel Your Subscription and the end of the three month Subscription period.
7.2 You have the right to cancel Your order within fourteen (14) days of receipt of Your order. If You fail to do so, You will not be given a refund. If You wish to cancel an order, You must return the Product(s) to Us at Your expense within fourteen (14) days of the date of cancellation.
7.3 Products are to be returned in the original packaging and must be packaged securely and returned in the original condition together with a copy of the order or receipt. Provided the Product(s) are remain in mint condition and not damaged or defective We will a full refund for the cost of the Product(s) otherwise We will deduct the cost of any Product(s) from the original order.
7.4 It is unlikely that You will receive a faulty or damaged Product(s). However, if You do, You must provide us with photographic evidence of the faulty or damaged Product(s) and the original packaging before can we either arrange to send You a replacement or issue a full refund. No refund or replacement will be made until we are in receipt of the photographic evidence and the original Product(s) are returned to Us at Your expense upon receipt of which We will either issue a refund or send You a replacement within (7) working days. We cannot accept returned Products that have been damaged by You.
- Warranty and Limitation of Liability
8.1 We warrant that the Products/Subscription Services will correspond with Your Order at the time of delivery and will be free from defects on delivery subject to the conditions set out below.You expressly agree that Your use of Our Products and Subscription Services are at Your sole risk. All Products and Subscription Services are delivered and provided ‘as is’ and ‘as available’ for Your use only.
8.2 We do not guarantee, represent or warrant that the use of Your Subscription will be accurate, reliable, uninterrupted, timely, secure or error-free and You agree that we may remove or cancel any Subscription Service for any period of time without notice to You.
8.3 If You deem that We breach of the warranty contained at Clause 8.1 You must advise Us in writing immediately and in any case not later than seven(7) working days from the date of discovery of the defect.
8.4 On receipt of a notice under Clause 8.2, We will refund the price of the Product(s) and/Subscription Services which are defective if We are unable to provide You will a suitable replacement.
8.5 The warranty contained in Clause 8.1 constitutes the extent of Our liability for defective any Product(s) and/or Subscription Services.
8.6 Our Products and/or Subscription Services are not tested or sold as fit for any particular purpose and any terms of warranty, representation, condition or term express implied or statutory to the contrary is excluded to the fullest extent permitted by law.
8.7 Save as expressly provided in this Agreement, all warranties, representations, conditions, terms and liabilities, whether express or implied by statute, law, regulations or otherwise,including all warranties, representations conditions or terms of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement are hereby are excluded to the fullest extent permitted by law and We will not be liable to You for any loss of any kind whatsoever which arises out of the breach of implied warranties, representations, conditions or terms or breach of any duty of any kind imposed on Us by operation of law.
8.8 We, our directors, officers, employees, agents, licensors, suppliers, agents, affiliates and service providers will not be liable to You for any loss of anticipated profits or expected future business, damage to reputation or goodwill, any costs or expenses payable to any third party, loss of any order or contract, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your order or use of any Products or Subscription Services procured by using Our Website, or for any other claim related in any way to Your use of any of Our Products or Subscription Services, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of Our Website, Products or Subscription Services or any content whether posted, transmitted, or otherwise made available to You through Our Website even if advised of their possibility. Our liability shall to limited to the maximum extent permitted by law in any jurisdiction which does not allow the exclusion or limitation of liability for consequential or incidental damages.
8.9 If, notwithstanding the provisions of this Clause 9, liability attaches to Us in no circumstances shall Our liability to You for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on Us by law arising out of or in relation to the Contract exceed the total amount of Your Order and unless otherwise provided in this Agreement, in no circumstances shall Our liability to You for breach of any express or implied term exceed the total amount paid You in respect of Your order or of the individual Product(s) or Subscription(s) less any charges, payments, interest or costs which may be due to Us.
8.10 Nothing in this Clause 8 shall exclude our liability for death or personal injury caused by Our negligence.
9.1 We may terminate this Agreement and may suspend or cancel any deliveries, whether under this contract or any other, if You are in breach of these terms and conditions or any other contract between Us or You have a bankruptcy order made against You or You propose to enter into a composition or voluntary arrangement with Your creditors, or You have a petition presented for Your winding up or for an administration order to made against You.
9.2 Termination does shall not affect either party’s accrued rights under this Agreement. Clauses 2, 8, 10, 11 and 12 shall survive termination of this Agreement.
- Intellectual Property
10.1 We are the owner or the licensee of all intellectual property rights in our site. This includes, but is not limited to, content, logos, trademarks, service marks, photographs, materials published on it, video, text, audio, the design, layout, look, appearances and graphics all of which are protected by international conventions, copyright and trademark laws as well as various other intellectual property rights globally. All such rights are reserved. Reproduction is prohibited other than in accordance with these terms.
10.2 You may print off one copy and may download extracts, of any page(s) from our site for personal reference. You must not in any way modify the paper or digital copies of any materials You have printed or downloaded or remove, suppress or modify any marking from the materials or downloads. You must not use any part of the materials on our site for commercial purposes or to create derivative works.
10.3 If You print, copy, record or download all or any part of our Website in breach of these terms, Your right to use our site will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. Unauthorised use of this site may give right to a claim for damages.
10.4 Any unauthorized duplication, reproduction, publication, distribution or sale of any course materials to any third party is strictly prohibited. Unlicensed copy of any course materials is illegal.
10.5 Subject to full payment of the Product(s) and/or Subscription Service(s) We grant You a non-exclusive, non-transferable right to stream, access, and use the videos and e-learning materials on the Website strictly for the purpose of receiving Our services.
11.1 You agree to indemnify, defend and hold Us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of this Agreement or the documents it incorporate by reference, or Your breach of any law or the rights of any third-party.
12.1 No failure or delay by Us in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof nor shall any single or partial exercise by Us of any right, power or privilege hereunder preclude any further exercise thereof of any right, power or privilege.
12.2 Any notice or communication given or required under this Agreement shall be in writing and may be served by personal delivery or by leaving the same at or by sending the same by first class post or by email to Us addressed to Our registered office from time to time or email address to You and to the address or email address provided by You from time to time.
12.3 This Agreement supersedes all other agreements whether written or oral between Us.
12.4 Nothing in this Agreement is intended to confer any rights under the Contracts (Rights of Third Parties) Act 1999 on any person not a party to this Agreement other than a Group Company (Group being as defined in s736 of the Companies Act 1985) and no consent of any such person shall be needed for the termination or amendment of this agreement or any terms hereunder.
12.5 No variation of this Agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.
12.6 You may not assign any rights or delegate or transfer any duties or obligations under this Agreement without Our prior written consent. We may assign this Agreement to a subsidiary, parent or other affiliated company.
12.7 We shall not be liable for any default or delay in the performance of its obligations due to any causes beyond our control.
12.8 This Agreement shall be executed in English and only the English version shall be binding, even though a translation into some other language may be prepared.
12.9 We may vary these terms and conditions from time to time and shall post any amendments on the Website. Any such changes shall not affect any Products ordered and paid by You prior to posting of the changes.
12.10 If any particular term, covenant, or provision of this Agreement is determined to be invalid or unenforceable, the invalidity or unenforceability thereof will not affect the remaining provisions of this Agreement, which will nevertheless remain in full force and effect.
12.11 The parties agree that any dispute in the meaning, effect, or validity of these Terms and Conditions shall be resolved in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts. The parties further agree that if one or more provisions of this Agreement is/are held to be unenforceable under applicable English law, such provision(s) shall be excluded from this agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
12.12 We shall not be liable or responsible to You for any failure or delay in the performance of Our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond Our control including without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, government sanctions or acts of God and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.