QUANTUM DARK ARTS DEFENSE TRAINING CERTIFICATION TERMS AND CONDITIONS
1. INTRODUCTION
1.1 These are the Terms and Conditions (“Terms”) applicable to your (“You”, “Your”) purchase of the Programme. They describe the terms on which we sell and provide the Programme to You. If You do not agree with anything contained in these Terms, please do not proceed with purchase of the Programme.
1.2 The Programme is provided by Indigo Creations Ltd, a company registered in England and Wales under company number 11558908 with its registered office at 11 Westfield, Shepton Mallet, BA4 5TY, United Kingdom (“Company”).
2. DEFINITIONS
Programme the Quantum Dark Arts Defense certification Programme
Data Protection Legislation EU Regulation 2016/679 (General Data Protection Regulation (GDPR)), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (as amended), the Data Protection Act 2018 and any national implementing laws, regulations and secondary legislation as amended or updated from time to time in the UK, including any successor legislation
Intellectual Property Rights patents, rights to inventions, copyright, moral rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
3. THESE TERMS AND CONDITIONS
3.1 The Company will provide the Programme to You in accordance with these Terms, which shall be effective from the date you purchase a Programme until the Programme is delivered to You.
3.2 By proceeding to make payment for the Programmes, you agree to be bound by these Terms. If you do not agree with these Terms, please do not proceed with purchasing the Programme.
3.3 We will ensure that the following information is made available to you prior to your purchase of the Programmes: (a) details and description of the Programme; (b) our identity and contact details; (c) the price and payment terms for the Programme; (d) the functionality (including appropriate technical protection measures) of digital content; and (e) where applicable, any relevant compatibility of digital content with hardware and software that we are aware of.
4. COMPANY’S RESPONSIBILITIES
4.1 The Company shall use reasonable endeavours to deliver the Programmes in all material respects.
4.2 The Programmes will be delivered via an online platform (“Delivery Platform”). Following purchase of the Programme, You will receive login details for the date, time and delivery method of the Programme.
5. YOUR OBLIGATIONS
5.1 You are responsible for ensuring the Delivery Platform is compatible with your network, hardware, software and equipment.
5.2 If the Company’s performance of its obligations under these Terms is prevented or delayed by any of Your acts or omissions, the Company shall not be liable for any costs, charges or losses sustained or incurred by You that arise directly or indirectly from such prevention or delay.
6. CHARGES AND PAYMENT
6.1 In consideration of the provision of the Programmes by the Company, You shall pay the charges set out at the time of purchase whether online or over the phone (inclusive of VAT) without set-off, deduction or withholding. Full payment must be made before the Programme is delivered to You.
6.2 Payments can be made via credit card, direct debit or bank transfer and will be made either:
(a) In full at the time of purchase of the Programme; or
(b) In three equal monthly instalments, payable on the day of your purchase, followed by 2 further monthly installments. This payment option will be subject to an extra 20% charge on the total Programme fee and full payment must be made prior to delivery of the Programme.
6.3 Without prejudice to any other right or remedy that the Company may have, if You fail to pay the Company pursuant to clause 6.1, the Company shall charge You interest on the overdue amount at the rate of 3% per annum above the Bank of England’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after any court judgment. You will pay the interest together with the overdue amount.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All Intellectual Property Rights and all other rights in the Programmes shall be owned by the Company. Subject to clause 7.2, the Company licenses all such rights to You free of charge and on a non-exclusive, worldwide basis to such extent as is necessary for the purposes of education and training. Upon termination or expiry of these Terms, this licence will automatically terminate.
7.2 You acknowledge that, where the Company does not own any of the Intellectual Property Rights, Your use of rights in the Programme is conditional on the Company obtaining a licence from the relevant licensor or licensors on such terms as will entitle the Company to license such rights to You.
7.3 You may make one copy of materials from the Programme for your personal educational use only and must not distribute, make copies, sell or otherwise share extracts of the Programme with any third party. You may not reverse engineer, disassemble, copy or replicate any of the materials in the Programme without the Company’s prior written consent.
8. CONFIDENTIALITY AND DATA PROTECTION
8.1 You shall not for the duration of these Terms and for five years their termination, disclose to any person any confidential information (including but not limited to technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to You by the Company, its employees, agents, consultants or subcontractors and any other confidential information concerning the Company’s business or its products which You may obtain) belonging to the Company.
8.2 You may disclose the Company’s confidential information where required by law or governmental/regulatory authority, where you develop the information independently of the confidential information disclosed to You by the Company, where You were already in possession of the confidential information, or where you receive the confidential information from a third party other than the Company.
8.3 The Company will comply with all provisions under Data Protection Legislation regarding the protection of your personal data. For the purposes of Data Protection Legislation, the Company is the Data Controller (as defined in GDPR). Please see our privacy policy for information on how we collect, use, store and retain your personal data: www.ariellaindigo.com/privacy-policy By purchasing the Programme and agreeing to these Terms, you consent to the Company’s use of your personal data in accordance with our privacy policy.
9. WARRANTIES
9.1 We do not warrant that the Programmes are accredited by any regulatory authority or recognised organisation anywhere in the world. It is your responsibility to ensure that the Programmes are suitable and relevant for your purposes.
9.2 You assume responsibility for the selection and use of the Programmes to achieve your intended results. The Company does not warrant that the functions and materials contained in the Programmes will meet your requirements or that the operation of the Programmes will be uninterrupted or error free. Neither the Company nor its licensors makes and You receive any expressed or implied warranties of any kind (including, without limitation, implied warranties of merchantability or fitness for a particular purposes or non-infringement) with respect to the Programmes or the accompanying documentation, all of which are provided ‘as is’.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Terms shall limit or exclude the Company’s liability for (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentative; (c) breach of the Supply of Goods and Services Act or the Consumer Rights Act 2015; or (d) any other liability which cannot be limited or excluded by applicable law.
10.2 Subject to clause 10.1, the Company shall not be liable to You (whether in contract, tort (including negligence), for breach of statutory duty, or otherwise) for losses or damages arising under these Terms for: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of or damage to goodwill; (vi) loss of use or corruption of software, data or information; or (vii) any indirect or consequential loss.
10.3 Subject to clause 10.1, the Company’s total liability to You (whether in contract, tort (including negligence), for breach of statutory duty, or otherwise) for loss or damage arising under these Terms shall be limited to the price of the Programmes you purchase and paid for.
11. REFUNDS AND CANCELLATIONS
11.1 By downloading the Programme immediately after purchase you waive your right to the 14 day cooling off period. If you do not waive your right to the 14 day cooling off period you may not download the Programme until 14 days after the date of your purchase.
11.2 Once you have downloaded the Programme you may exercise the following rights within 30 days of download if the Programme is faulty:
(a) You can request replacement or repair of the Programme; or
(b) You can request a return and refund on the Programme.
11.3 If the Company is unable to delivery the Programmes to you for whatever reason, we will:
(a) notify you immediately if we are able to deliver the Programmes on a new specified date; or
(b) offer you the option to participate in a replacement or alternative course; or
(c) offer you a full refund.
12. MISCELLANEOUS
12.1 Force Majeure Event means any circumstance not within a party's reasonable control including, without limitation: (i) acts of God, flood, drought, earthquake or other natural disaster; (ii) epidemic or pandemic; (iii) terrorist attack, civil war, riots, war, imposition of sanctions; (iv) chemical, nuclear or biological contamination; (v) fire, explosion, strikes, industrial action; or (vi) non performance by suppliers or subcontractors or interruption or failure of utility or public services. If either party is prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure Event, the party shall not be in breach of these Terms.
12.2 Assignment. These Terms are personal to You and You shall not assign, transfer, subcontract or deal in any other manner with any of Your rights and obligations without the Company’s prior written consent.
12.3 Variation. We may make changes to these Terms from time to time. If we make changes to these Terms while they still apply to You, we will notify you by email.
12.4 Waiver. A waiver of any right or remedy under these Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy.
12.5 Rights and Remedies. The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
12.6 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
12.7 Entire Agreement. These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them.
12.8 No Partnership. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
12.9 Third Party Rights. No one other than a party to these Terms shall have any right to enforce any of its terms.
12.10 Notices. Any notice given to a party under or in connection with these Terms shall be in writing and shall be sent: (a) by email to support@ariellaindigo.com (in the case of the Company) and to the email You provided at the time of purchase (in the case of You); and (b) by first class post to the Company’s registered office address (or any other address provided). Delivery by post will be considered received by 9am on the second day after posting and delivery by email will be considered received at the time of transmission. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
12.11 Governing Law and Jurisdiction. The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or in relation to these Terms. These Terms and any dispute or claim (including non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the English courts shall have exclusive jurisdiction.