TERMS AND CONDITIONS APPLICABLE TO THIS SERVICE
Important notice: Please read carefully before buying training courses or accessing or downloading any training materials from this website.
This is a legal agreement between you (Licensee or you) and KL Platinum Limited of Houghton Hall Lodge, The Green, Houghton Regis, Bedfordshire, LU5 5DY (Licensor or The Company or we), for your purchase of ‘CodeIsCool’ training courses and training materials (“Training Courses” and “Training Materials” respectively), which includes printed materials and online documentation (Documentation), which comprise the (”Agreement”).
By using the CodeisCool.net website, or any applicable subdomains thereof, or any applications, functions, facilities, content, materials, or other services provided by CodeisCool.net or KL Platinum Ltd (collectively, “Service”), whether as a guest or a registered user, you agree to be bound by the following terms and conditions (“Conditions of Sale “).
- THE PRODUCT – A DESCRIPTION
Instructor Lead Training [ILT] – Delegates are required to attend a location where an instructor delivers the training
eLearning [Online training] – Delegates can purchase a training activity online, access and complete the course online
- OUR SERVICE
The purchase of Training Courses and Training Materials are subject to the following:
• the prices set out for the relevant product on our website; and
• the purchase of the Training Courses and Training Materials includes the granting of a non exclusive, non-transferable licence to use the Training Materials and the Documentation on the terms of such licence, which are set out in the following clause.
Method of Delivery for Training Courses: once your registration for a Training Course has been successfully processed, you will be able to log in to the website and view the e-learning materials. In the case of the ILT trainings, you will receive an email confirming the name of the course, course timing, and location of delivery. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
The delivery of the eLearning courses includes access to the online materials only. Any additional support is at the discretion of the Company. The Company has the right to charge additional fee’s if the customer desires attentional tutoring outside of the product scope.
We consistently add to and improve our products and services. We may update, add, or remove products without prior notice.
We strive to provide you with an exceptional customer experience and are always open to suggestions, comments, and feedback through our provided means of communication.
We want you to learn and have fun doing so while using our products, however we can’t guarantee this will be the case.
We work diligently to make sure our products and services are available and reliable. Because of the nature of our business, this is not something we can always control or guarantee.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- OUR RELATIONSHIP
• By accessing and using our products and services, you agree to comply with the Conditions of Sale listed here.
• We agree to do our absolute best to provide you with quality services. In return, you agree to refrain from activity that interferes with or prohibits us from providing these services to you.
• By using our services, you agree to access them through our interface and not to attempt circumventing our system.
• We reserve the right to terminate your account or stop providing products and services should you violate our Conditions of Sale.
• Should you decide you no longer want to use our products, you can terminate your agreement at any time by asking for your account to be destroyed.
A pre-approved PayPal account is required for payment.
The Service is billed in advance on an annual or a monthly basis, as determined by your choice and initial enrolment date. That date may shift over time due to the different lengths of months.
All enrolment plans purchased directly on this website are automatically renewed unless customers pre-emptively deactivate their enrolment, which can be done from their “Course Links and Registration” page.
Downgrading your Service may cause the loss of content, features, or capacity of your account. The Company doesn’t accept any liability for such loss.
Individual Enrolment is non-transferable and may only be refunded up to 30 days from the date of activation.
Individual Enrolment purchases must be used consecutively and cannot be paused.
- OBLIGATIONS OF THE COMPANY
The Company is responsible for services as described in the Our Service section of this contract (above) and the initial set up of your business with the software only. The Company’s obligations are set out in full in the Our Service section of this contract. Any further obligations are beyond the scope of this contract and may be agreed between the Company and the Customer from time to time subject to additional charges.
The Company has taken all reasonable measures to prevent technical, server or security issues. However, the Company will not accept liability for any unexpected technical issues, server failures, security issues or other issues arising from the software or third parties that are outside the control of the Company.
Failure of the Licensee to make the relevant subscription payment will result in termination of the service. The licensor may terminate
You are responsible for properly cancelling your subscription. You can do so at any time by clicking on the “Course Links and Registration” link in the navigation at the top of the screen. The “My Memberships” section allows you to cancel your subscription. Your payment subscription through PayPal or other payment gateway should be automatically cancelled. However, you are also responsible for ensuring this has occurred.
If you deactivate your subscription before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. In the meantime, you will retain access to our Service.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other service of the Company, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
Upon termination for any reason:
• all rights granted to you under this Licence shall cease;
• you must cease all activities authorised by this Licence;
• you must immediately pay to the Licensor any sums due to the Licensor under this Licence; and
• you must immediately delete or remove the Training Materials or Documentation from all computer equipment in your possession, and immediately destroy or return to the Licensor (at the Licensor’s option) all copies of the Training Materials and Documentation then in your possession, custody or control and, in the case of destruction, certify to the Licensor that you have done so.
- MODIFICATIONS TO THE SERVICE AND PRICES
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. For instance, the Service may temporarily be disabled for occasional maintenance.
Prices of all Services, including the annual or monthly subscription plan fees, are subject to change with 30 days notice from the Company. Such notice may be provided at any time by posting the changes to the CodeIsCool Site (CodeIsCool.net) or via email.
The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Company reserves the right at any time and from time to time to modify or discontinue promotions and/or discounts with or without notice. If a promotion or discount is ending, we will do our best to give advanced notice, but it is not guaranteed.
Vouchers, promotions, and credits can all be adjusted or removed at any time without advanced notice.
- LIMITATION OF LIABILITY
The liability of the Company for all claims arising out of, or in connection with the Agreement, including but not limited to: any issues or technical difficulties arising from the software, performance issues, functionality or the termination of this service shall not exceed 100% of the total price of orders placed under the Agreement. Nothing in this Agreement shall restrict or limit a party’s general obligations to mitigate any loss it suffers as a result of any event that may give rise to a claim under the Agreement. THE LICENCE
• [IF YOU ARE AN ILT CUSTOMER] receive and possess the Training Materials associated with the relevant Training Course purchased and to use such Training Materials in conjunction with the attendance of such course, as well as use such as a record of information for the term of this licence provided that only the delegate of the relevant ILT Training Course may make such use of them.
• [IF YOU ARE AN E-LEARNING CUSTOMER] download and use the Documents for the purposes of completing the associated course on line only either (as agreed between the parties):
• on one CPU if the Licence is a single-user licence or the Software is for single use; or
• if the Licence is a multi-user or network licence, by the number of concurrent users agreed between you and us.
- LICENSEE’S UNDERTAKINGS
Except as expressly set out in this Licence you undertake (and you undertake to procure that your employees or any other delegate attending a Training Course on your behalf or on your account so undertakes):
• not to copy the Training Materials or Documentation except where such copying is incidental or necessary for the purposes of completing the relevant Training Course;
• not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Training Materials or Documentation;
• not to alter, or modify, the whole or any part of the Training Materials or Documentation, nor permit the Training Materials or any part of them to be combined with, or become incorporated into, any other materials;
• to supervise and control use of the Training Materials and Documents and ensure that they are used by your employees and representatives in accordance with the terms of this Licence;
• to include the copyright notice on all entire and partial copies you may make of the Training Materials or Documents on any medium;
• not to provide or otherwise make available the Training Materials or Documentation in whole or in part, in any form to any person without prior written consent from the Licensor.
• You must provide a valid email address, and any other required information.
• You must ensure your account information remains accurate.
• You are responsible for the safekeeping of your account credentials. Account activity is your responsibility, so we suggest keeping this information in a safe place.
• Your account may only be used by one person or legal entity.
• You are responsible for content posted and any activity that occurs under your account.
• We will not be liable for decisions you make or your actions beyond the scope of our products. The information contained within these courses is for information and educational purposes only. Our courses can provide basic knowledge and practical skills, but they cannot safeguard against all risks children take online, including but not limited to, accessing harmful content, online radicalisation, sharing and sexting, sexual offending against children and bullying online. Therefore, close parental supervision and control of children and young people’s activities online is strongly advised. Code is Cool will not be held liable for any advice given or behaviour of customers during or after this course. If he/she is unsure of any legal issues, legal advice must be sought.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including copyright or trademark laws).
• Our products are for your personal use. We work hard to provide you with a quality product and expect that you won’t try to resell, copy, or make our products available to others without our written permission. If you love our product enough to pass it along, please just ask us for permission.
- CUSTOMER OBLIGATIONS
1. Customers purchasing this system from outside the territories listed in the Sales Tax section of this contract shall be solely responsible for adhering to their jurisdiction’s tax laws and regulations and must arrange to pay the appropriate tax and any other charges on this service to the relevant tax authorities.
- REFUND POLICY
If you have purchased the course directly through our website and you’re not satisfied with our services, or find that it fails to meet your learning needs, we will gladly refund your last payment, up to 30 days from the date of activation.
However, if you have completed more than 25% of a course, we reserve the right to decline a refund. If you have purchased the course through another vendor or third party, that vendor or third party will be responsible for any requested refunds and you must abide by the refund policy of the vendor or third party.
If a refund is approved by the Licensor, it will be made through the original mode of payment only.
If we cancel a Training Course, or change course content: – we reserve the right to cancel a Training Course at any time, without incurring any additional liability to the Licensor or any delegate. In such circumstances, we will offer alternative dates, a full refund or a credit note.
With regard to any materials that the Licensee may produce to the Licensor during a Training Course pursuant to the curriculum of that Training Course (the “Projects”), The Licensor shall:
1. keep confidential all know-how, including commercial and financial information, that is of a confidential nature, disclosed by the Licensee to the Licensor in a Project;
2. not publish Projects without the express prior written consent of the Licensee; and
3. disclose know-how, and any other confidential information in Projects, only to those persons necessary for the purposes of the relevant Training Course and only to the extent necessary for the proper performance of their duties.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Training Materials and the Documentation anywhere in the world belong to the Licensor, that rights in the Training Materials and the Documentation are licensed (not sold) to you, and that you have no rights in, or to, the Training Materials or the Documentation other than the right to use them in accordance with the terms of this Licence.
- LICENSOR’S LIABILITY
The Licensor shall not be liable under, or in connection with, this Licence or any collateral contract for:
• loss of income;
• loss of business profits or contracts;
• business interruption;
• loss of the use of money or anticipated savings;
• loss of information;
• loss of opportunity, goodwill or reputation;
• loss of, damage to or corruption of data; or
• any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise;
• except for matters caused by the Licensor’s negligence or wilful default (or that of its employees and agents), the Licensor shall not be liable to you for any loss, harm or damage caused to any candidate, candidate’s property or your premises for any courses conducted by the Licensor on your premises. You agree to indemnify and hold harmless the Licensor against all cost or losses suffered or incurred by the Licensor due to claims, demands, suits, proceedings, actions, losses, judgments, damages, costs (including all reasonable legal fees), expenses, fines or penalties or actions against the Licensor arising out of or relating to a third party’s any alleged harm, loss or damage caused to a candidate’s person, property, or to your premises on which the course relevant to such candidate takes place, due to any cause other than the Licensor’s negligence or wilful default (or that of its employees and agents).
Subject to what is provided above, the Licensor’s maximum aggregate liability under or in connection with this Licence, or any collateral contract, whether in contract, tort (including negligence) or otherwise, shall be limited to the maximum of 100% of the total price of the orders, as detailed in paragraph 5.
The Licensor’s liability for infringement of third-party intellectual property rights shall be limited to breaches of rights subsisting in the UK.
These terms set out the full extent of the Licensor’s obligations and liabilities in respect of the supply of the Training Courses, Training Materials and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on the Licensor except as specifically stated in this Licence.
- PROVIDER FEES
At the time of this contract the cost is as stated on the website, please note this may be subject to change in the future. Customers have the right to cancel a subscription at any time.
- SALES TAX
VAT will be applied to purchases made in the following countries.
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Customers purchasing this service from outside the above territories are responsible for complying with the laws and regulations of their own jurisdiction and pay the relevant sales taxation and any other charges.
This delivery timescale is dependant on sales volumes and may vary from time to time, furthermore, installation may be delayed for reasons outside the control of the Company such as technical difficulties or server failures, the Company reserves the right extend the 2 day timescale as set out above where necessary.
- CONDITIONS OF SALE
Unless otherwise agreed in writing, these Conditions of Sale will govern all contracts for the sale of the Company’s goods or the supply of its services. Any qualification or modification of these Conditions and any other conditions which the Customer may seek to impose will not apply unless expressly accepted by the Company in writing.
The only representations in connection with the Company’s goods or services for which the Company shall accept liability are those specifically included, or referred to in the Company’s Conditions of Sale. Advertising material, leaflets or brochures do not form part of this contract, unless otherwise specifically agreed between the Company and the Customer in writing. It is agreed that on entering into the contract the customer is not relying on any other representations other than those set out in the Conditions of Sale.
The price quoted in the Our Service section of this contract is exclusive of any Value Added Tax payable in respect of the supply of goods or service, this will be an additional cost and will be payable by the Customer as detailed in paragraph 12 of the Customer Obligations section of this contract.
The Company shall not be liable to the Customer in any circumstances whatsoever for any loss of profit, loss of clients, contracts, data, loss of use of the goods, or any other loss arising from the installation or use of this service. By agreeing to these Conditions of Sale through accepting the terms and conditions on the online booking form the Customer accepts all risks arising from the installation and integration of this software with their current systems.
No action or arbitration proceedings whether in contract, or tort may be brought by either party more than one year after the party concerned became aware or reasonably should have become aware of the facts constituting a cause of action. These conditions contain the whole of the Company’s liabilities and all conditions and warranties implied by statute common law or trade usage are hereby excluded.
You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, The Company, or any other The Company service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission from The Company.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any The Company customer, employee, member, or officer, will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by The Company) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
The Company does not warrant that (1) the service will meet your specific requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the Service will be corrected.
You expressly understand and agree that The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, damages for loss of profits, goodwill, use, data or other intangible losses (even if The Company has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) or any other matter relating to the service.
The failure of The Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Company and govern your use of the Service, superseding any prior agreements between you and The Company (including any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Florida law.
- SUB CONTRACTING
The Company reserves the right to arrange for the whole or any part of the contract to be performed by sub-contractors.
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
If at any time any one or more of the provisions of these Conditions of Sale become or are held to be invalid, or unenforceable in any respect under any law the validity and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
If this contract becomes impossible to perform in whole or in part or is delayed for more than 12 months by any reason whatsoever beyond the control of the Company, the Company may elect at its discretion to rescind the contract by giving notice via email. In the event of such a recision, the Company reserves the right to deduct any reasonable expenses incurred by the Company in attempting to fulfil the order from the purchase price paid by the customer.
- TRANSFER OF RIGHTS AND OBLIGATIONS
This Licence is binding on you and us, and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this Licence, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of this Licence, or any of our rights or obligations arising under it, at any time during the term of the Licence.
- EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, 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.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Any notice required or permitted to be given by either party to the other under these terms shall be in writing.
If any provision of these terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
[The terms are governed by the laws of England and the parties submit to exclusive jurisdiction of the courts of England.]
- DISTANCE SELLING REGULATIONS
The provisions of Regulation 13(1) of The Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”) shall apply where the purchase to which these Conditions apply is made by a Buyer who is a consumer (being someone purchasing Publications outside the course of a business) who will therefore not be able to cancel this Contract under Regulation 10 of the Regulations once the Buyer has with the consent of the Seller commenced performing the Contract by starting to download a Publication.
- ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of Training Courses, Training Materials and Documentation and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of entering into these terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
- GOVERNING LAW
This contract shall be governed by the Laws of England and Wales.
“Company” or “The Licensor” means KL Platinum Ltd t/a codeiscool.net (Company Number. 7524209)
“Service” Use of the CodeisCool.net website, or any applicable subdomains thereof, or any applications, functions, facilities, content, materials, or other services provided by CodeisCool.net or KL Platinum Ltd
“Conditions of Sale” means the terms and conditions as set out in this document, this excludes any terms and conditions not contained in this document.
‘Customer’ means the named individual or company on the completed online ordering form through the third party provider (PayPal), this excludes any individual, company, or associate not expressly named on the completed online ordering form.
Individual subscriptions are referred to as “Individual Enrolment” and group subscriptions as “Team Enrolment”.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.