Terms Of Sale - Courses
Last Published - 02/07/2021
BACKGROUND

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Services are sold and provided by Us through this Our Site.  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Interpretation
1.1 Definitions
1.2 “Conditions” means these terms and conditions set out in clause 1 (Interpretation) to clause 14 (General) (inclusive).
1.3 “Contract” means the contract between the Customer and the Supplier for the supply of the Courses in accordance with the Contract Details and these Conditions
1.4 “Courses” means the property investment course or courses run by the Supplier as further set out in the Contract Details.
1.5 “Intellectual Property Rights means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, 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.
1.6 “Price” means the price payable by the Customer for the provision of the Courses by the Supplier, as set out in the Contract Details.
1.7 Interpretation
1.7.1 Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:
(a) is a reference to it as amended, extended or re-enacted from time to time; and
(b) shall include all subordinate legislation made from time to time under that legislation or legislative provision.
1.7.2 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.7.3 A reference to writing or written includes email but not fax.

2. Basis of contract

2.1 The Contract shall commence on the date it has been signed by both parties (Commencement Date).
2.2 The Customer has entered into this contract in order to receive the Courses which are designed to impart knowledge in relation to their property business.
2.3 This contract is made up of the following:
(a) the Contract Details.
(b) the Conditions.
2.4 If there is any conflict or ambiguity between the terms of the documents listed in paragraph 2.3, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.

3. Supply of Courses

3.1 The Supplier shall supply the Courses to the Customer on the Training Dates and at the Training Venues published on its website at the time and as amended from time to time. The dates and venues shall be allocated on a first-come-first-served basis.
3.2 The Supplier will notify the Customer of any changes to the Training Dates and Training Venues in a reasonable time in advance of each Training Date.
3.3 In supplying the Courses, the Supplier shall:
3.3.1 perform the Courses with reasonable care and skill;
3.3.2 use reasonable endeavours to perform the services in accordance with the service description set out on the Supplier’s website at the time of purchase and as amended from time to time, available to be viewed at https://www.property-investors.co.uk/advanced-training/
3.4 The Supplier reserves the right to amend the content of any courses if necessary to comply with any applicable law or regulatory requirement, to reflect the Supplier’s changing business needs, or if the amendment will not materially affect the nature or quality of the Courses.
3.5 The Supplier reserves the right to provide the Courses on an individual basis, in a small group or as part of a larger group.
3.6 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Courses described in them.

4. financial risk


4.1 The Customer acknowledges that the Courses are designed to provide an insight into the real estate investment market and that any Courses provided do not constitute investment advice or recommendations.
4.2 The Supplier makes no representation or promise as to the financial success or risk of any decision made by the Customer, following the Customer’s receipt of the Courses. Any decision made by the Customer to buy, sell or rent a property or to take out any loans or other finance for a property will be the Customer’s own decision and the Supplier shall have no liability as to the outcome.
4.3 The Supplier strongly recommends that the Customer obtains independent advice about whether to go ahead with any property investment and the risks and consequences of any property investment.

5. Customer’s obligations


5.1 The Customer shall:
5.1.1 co-operate with the Supplier in all matters relating to the Courses;
5.1.2 ensure that his/her details in the Contract Details are complete and accurate;
5.1.3 provide the Supplier with such information and materials as the Supplier may reasonably require in order to supply the Courses to the Customer; and
5.1.4 provide the Supplier with constructive feedback in the event of the Customer having any issues with the Courses and address these to [email protected] (online courses to [email protected]) and refrain from making any public comments relating thereto.
5.2 If the Supplier’s performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, the Supplier shall:
5.2.1 not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
5.2.2 be entitled to payment of the Charges despite any such prevention or delay; and
5.2.3 be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay.

6. Price and payment

6.1 The Customer shall pay the Price to the Supplier as set out in the Contract Details.
6.2 All amounts payable by the Customer under the Contract are inclusive of VAT.
6.3 The Customer shall make each payment due to the Supplier in full and in cleared funds on the date of purchase or as otherwise set out in the Contract Details.
6.4 If the Customer fails to make a payment due to the Supplier under the Contract by the dates set out in the Contract Details, then, without limiting the Supplier’s remedies under clause 12 (Termination):
6.4.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause 6.4 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.
6.4.2 the Supplier may suspend all Courses until payment has been made in full.
6.5 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding and shall remain due whether or not the Customer attends the Courses. Any failure to attend the Courses does not automatically entitle the Customer to attend future courses, such future attendance to be at the discretion of the Supplier.
6.6 If the Customer has opted to pay the Price of the Courses in instalments (as set out in the Contract Details) then the following clauses shall apply:
6.6.1 where the Customer pays the Price for all of the Courses in full upfront, the Customer shall be entitled to attend all Courses;
6.6.2 where the Customer pays the Price for all the Courses in three instalments, each instalment of the Price shall entitle the Customer to attend one Course until the Price has been paid in full and then the Customer shall be entitled to attend all Courses; or
6.6.3 where the Customer pays the Price for all Courses in six instalments, two instalments of the Price shall entitle the Customer to attend one Course until the Price has been paid in full and then the Customer shall be entitled to attend all Courses;
6.6.4 where the Customer pays the Price for a single Course in three instalments, the Customer cannot attend the Course until the Price has been paid in full;
6.6.5 If the Customer attends any Course or part of a Course, before paying the Price for that Course or part, the Customer shall pay the Price for that Course or part of a Course within 7 days’ of attending and receiving it.

7. Intellectual property rights

7.1 The Supplier and its licensors shall retain ownership of all Intellectual Property Rights in or arising out of or in connection with the Courses.
7.2 The Customer shall not use (other than during the Courses), copy, exploit, modify or otherwise make use of the Supplier’s Intellectual Property Rights.

8. Confidentiality

8.1 Each party shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party. The Customer shall not pass on or disclose any strategies, plans, tactics, schemes, systems or information provided to them as part of the Courses.
8.2 The Customer shall not (whether in a personal or business capacity) provide services similar to the Courses and/or carry on or be employed, engaged or interested in any business which would be in competition with any part of Supplier’s business of providing property training courses from the Commencement Date until the date 12 months after the date the Customer attends its last Course.

9. Restrictions

9.1 The Customer shall not at any time represent himself/herself as connected with the Supplier (other than to say he/she received the Courses from the Supplier).

10. Data protection and data processing

10.1 Promotional filming and photography may occur during the Courses. The Customer must inform the Supplier if it does not wish to be filmed or photographed.
10.2 Further information about how the Supplier uses the Customer’s personal data (including for the purposes set out in clause 10.1) is available in the Supplier’s Privacy Notice at https://www.property-investors.co.uk/policies/data-protection-policy/

11. Limitation of liability


11.1 The Supplier has obtained insurance cover in respect of its own legal liability for individual claims not exceeding £5,000,000 per claim.
11.2 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
11.3 Subject to clause 11.2, the Supplier’s total liability to the Customer (including liability in contract, tort (including negligence), breach of statutory duty, or otherwise), arising under or in connection with the Contract shall be limited to the total Price paid by the Customer to the Supplier.
11.4 Subject to clause 11.2, the Supplier shall not be liable for the following: (a) Loss of profits (b) Loss of sales, investments or business, (c) Loss of agreements or contracts, (d) Loss of anticipated savings, (e) Loss of use or corruption of software, data or information, (f) Loss of or damage to goodwill, (g) any loss or damage which is indirect or a side effect of the main loss or damage and which the Customer and the Supplier could not anticipate nor expect to happen when the Courses started, for example if the Customer loses salary or any opportunity.
11.5 This clause 11 shall survive termination of the Contract.

12. Termination and Cancellation

12.1 The Supplier may terminate the Contract by giving the Customer reasonable written notice.
12.2 The Customer may terminate the Contract at any time by giving 7 days’ notice to the Supplier.
12.3 Where the Customer terminates the Contract under clause 12.2, the Customer shall not be entitled to any refund of the Price already paid and clause 12.5.1 shall apply in respect of any Price not yet paid by the Customer.
12.4 Either party may terminate the Contract with immediate effect by giving written notice to the other party if:
12.4.1 the other party commits a material breach of the Contract and fails to remedy it within 10 days of that party being notified in writing to do so; or
12.4.2 the other party’s financial position deteriorates to such an extent that in the terminating party’s reasonable opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
12.5 On termination of the Contract for whatever reason:
12.5.1 The Customer shall immediately pay to the Supplier the Price of the Courses already delivered and, where the Customer has terminated the agreement under 12.2, the Price of any Courses set out in the Contract Details which have not yet been delivered.
12.5.2 the Customer shall return all and any materials provided to them by the Supplier. Until they have been returned, the Customer shall be solely responsible for their safe keeping and will not use them for any purpose not connected with the Contract.
12.5.3 any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect; and
12.5.4 termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

13. complaints and Social Media

13.1 The Customer shall submit any feedback, questions or complaints regarding the Courses, to the Supplier at [email protected] (online purchases to [email protected]). The Supplier will deal with all questions or complaints as quickly as possible and will use best efforts to find a satisfactory solution.
13.2 The Customer shall refrain from publishing any complaints, comments or feedback on public media which is false or likely to cause serious harm to the reputation of the Supplier.

14. General

14.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
14.2 Assignment and other dealings.
14.2.1 The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Supplier’s prior written consent.
14.2.2 The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.

14.3 Entire agreement.

14.3.1 The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.3.2 Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
14.4 Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.5 Waiver.
14.5.1 A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
14.5.2 A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
14.6 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 14.6 shall not affect the validity and enforceability of the rest of the Contract.
14.7 Third party rights. The Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
14.8 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
14.9 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

Terms Of Sale - Subscriptions
Last Published - 02/07/2021
BACKGROUND

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to consumers through this website, online.property-investors.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription.  You will be required to read and accept these Terms of Sale when ordering a Subscription.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and interpretation

1.1 – In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 5;
“Paid Content”means the digital content sold by Us through Our Site;
“Subscription”means a subscription to Our Site providing access to Paid Content;
“Subscription Confirmation”means our acceptance and confirmation of your purchase of a Subscription;
“We/Us/Our”means Success World Limited, a company registered in England under 12565531, whose registered address is Kings Head House, 15 London End, Beaconsfield, HP9 2HN
“Subscription ID”means the reference number for your Subscription.
“Our Site”

means the combination of the following URL’s that in combination with one another server the scope of the Success World Limited product delivery platform.

https://payments.property-investors.co.uk
https://online.property-investors.co.uk

2. Information About Us

Our Site, online.property-investors.co.uk, is owned and operated by Success World Limited, a limited company registered in England under registration number  12565531, whose registered address is Kings Head House, 15 London End, Beaconsfield, HP9 2HN.

3. Age Restrictions

Consumers may only purchase Subscriptions and access Paid Content through Our Site if they are at least 18 years of age.

4. Subscriptions, Paid Content, Pricing and Availability

4.1 – We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that you will receive.

4.2Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies.  Please refer to Clause 9 if your Subscription or the Paid Content is incorrect.

4.3 – We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 30 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.

4.4 – Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.

4.5In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content.  If We do so, We will inform you at least 30 days before the changes are due to take effect.  If you do not agree to the changes, you may cancel the Contract as described in sub-Clause 11.1.

4.6Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content.  Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.

4.7We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 4.11 regarding VAT, however).

4.8All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order.  If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it).  We will not proceed with processing your order in this case until you respond.  If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.

4.9If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.  You may, however, have the right to cancel the Contract if this happens.  If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.4.

4.10If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order.

4.11All prices on Our Site include VAT where applicable. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

5. Orders – How Contracts Are Formed

5.1Our Site will guide you through the process of purchasing a Subscription.  Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.

5.2If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.

5.3No part of Our Site constitutes a contractual offer capable of acceptance.  Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.

5.4 – Subscription Confirmations shall contain the following information:

5.4.1 – Your Subscription ID;

5.4.2Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;

5.4.3Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges;

5.4.4The date of commencement of your Subscription (including the start date, and the billing date);

5.4.5Confirmation of your acknowledgement that the Paid Content will be made available to you immediately and that you will lose your legal right to change your mind and cancel upon accessing the Paid Content as detailed below in sub-Clause 10.1;

5.5In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 business days.

5.6Any refunds under this Clause 5 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

5.7Refunds under this Clause 5 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

6. Payment

6.1Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation (this usually occurs immediately and you will be shown a message confirming your payment).

6.2 – We accept the following methods of payment on Our Site:

6.2.1 – Credit Cards;

6.2.2 – Debit Cards;

6.3If you do not make any payment due to Us on time, We will suspend your access to the Paid Content.  For more information, please refer to sub-Clause 7.5.  If you do not make payment within 7 days of Our reminder, We may cancel the Contract.  Any outstanding sums due to Us will remain due and payable.

6.4If you believe that We have charged you an incorrect amount, please contact Us at [email protected] as soon as reasonably possible to let us know.  You will not be charged for Paid Content while availability is suspended.  

7. Provision of Paid Content

7.1Paid Content appropriate to your Subscription will be available to you immediately when We send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals), or until you end the Contract.

7.2When you place an order for a Subscription, you will be required to expressly acknowledge that you wish the Paid Content to be made available to you immediately.  You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) the Paid Content, you will lose your legal right to cancel if you change your mind (the “cooling-off period”).  Please see sub-Clause 10.1 for more information.

7.3In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:

7.3.1To fix technical problems or to make necessary minor technical changes;

7.3.2To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;

7.3.3To make more significant changes to the Paid Content, as described above in sub-Clause 5.5.

7.4If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 7.3, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).  You will not be charged while availability is suspended and your Subscription will be extended by a period equivalent to the length of the suspension (unless the period of suspension is less than 24 hours).  If the suspension lasts (or We tell you that it is going to last) for more than 14 days, you may end the Contract as described below in sub-Clause 11.2.

7.5We may suspend provision of the Paid Content if We do not receive payment on time from you.  We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you.  If We do suspend provision of the Paid Content, We will inform you of the suspension.  You will not be charged for any Paid Content while provision is suspended.

7.6Any refunds under this Clause 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.

7.7Refunds under this Clause 7 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

8. Licence

8.1When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content for personal, non-commercial purposes.  The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).

8.2The licence granted to you under sub-Clause 8.1 is subject to the following usage restrictions and/or permissions:

8.2.1You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

9. Problems with the Paid Content

9.1By law, We must provide digital content that is of satisfactory quality, fit for purpose, and as described.  If any Paid Content available through your Subscription does not comply, please contact Us as soon as reasonably possible to inform Us of the problem.  Your available remedies will be as follows:

9.1.1If the Paid Content has faults, you will be entitled to a repair or a replacement.

9.1.2If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.

9.1.3If you can demonstrate that the fault has damaged your device or other digital content belonging to you because We have not used reasonable care and skill, you may be entitled to a repair or compensation.  Please refer to sub-Clause 12.3 for more information.

9.2Please note that We will not be liable under this Clause 9 if We informed you of the fault(s) or other problems with particular Paid Content before you accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned you that it may contain faults that could harm your device or other digital content); if you have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.

9.3If there is a problem with any Paid Content, please contact Us at [email protected] or visit the contact page on Our Site to inform Us of the problem.

9.4Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which We agree that you are entitled to the refund.

9.5Refunds under this Clause 9 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

9.6For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Cancelling Your Subscription

10.1If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund.  The period begins once We have sent you your Subscription Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) the Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.

10.2After the cooling-off period, you may cancel your Subscription at any time, however subject to sub-Clause 10.3 and Clause 11, We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.

10.3If you purchase a Subscription by mistake, please inform Us as soon as possible and do not attempt to access any Paid Content.  Provided you have not accessed any Paid Content since the start date of the Subscription We will be able to cancel the Subscription and issue a full refund.  If you have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and you will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).

10.4If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation link on Our Site.  Cancellation by email is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:

10.4.1Email: [email protected];

in each case, providing Us with your name, address, email address, telephone number, and Subscription ID.

10.5We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.

10.6Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.

10.7Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

11. Your Other Rights to End the Contract

11.1You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription or the Paid Content (as described in sub-Clauses 4.3 or 4.5) or to these Terms of Sale that you do not agree to.  If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription.  If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to the Paid Content until that date.

11.2If We have suspended availability of the Paid Content for more than 7 days, or We have informed you that We are going to suspend availability for more than 7 days, you may end the Contract immediately, as described in sub-Clause 8.4.  If you end the Contract for this reason, We will issue you with a partial refund for the remainder of the current month during which cancellation occurred.

11.3If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, you may end the Contract immediately.  If you end the Contract for this reason, We will issue you with a partial refund for the remainder of the current month during which cancellation occurred.

11.4If We inform you of an error in the price or description of your Subscription or the Paid Content and you wish to end the Contract as a result, you may end it immediately.  If you end the Contract for this reason, We will issue you with a partial refund for the remainder of the current month during which cancellation occurred.

11.5You also have a legal right to end the Contract at any time if We are in breach of it.  You may also be entitled to a full or partial refund and compensation.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

11.6Refunds under this Clause 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription unless you specifically request that We make a refund using a different method.

11.7If you wish to exercise your right to cancel under this Clause 11, you may do so in any way you wish, however for your convenience We offer a cancellation link on Our Site.  If you would prefer to contact Us directly to cancel, please use the following details:

11.7.1Email: [email protected]

in each case, providing Us with your name, address, email address, telephone number, and Subscription ID.

11.8We may ask you why you have chosen to cancel and may use any answers you provide to improve Our content and services, however please note that you are under no obligation to provide any details if you do not wish to.

12. Our Liability to Consumers

12.1 – We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

12.2Our Paid Content is intended for non-commercial use only.  We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

12.3If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages your device or other digital content belonging to you, We will either repair the damage or pay you appropriate compensation.  Please note that We will not be liable under this provision if:

12.3.1We have informed you of the problem and provided a free update designed to fix it, but you have not applied the update; or

12.3.2The damage has been caused by your own failure to follow Our instructions; or

12.3.3Your device does not meet any relevant minimum system requirements that We have made you aware of before you purchased your Subscription.

12.3.4Your device did not have up to date virus protection software at the time of damage. 

12.4Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

12.5Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12.6 – No part of Our Site or information provided by our mentors is intended to constitute advice and any information provided should not be relied upon when making any decisions or taking any action of any kind.

13. Contacting Us

13.1If you wish to contact Us with general questions or complaints, you may contact Us by email at [email protected]

14. Complaints and Feedback

14.1 – We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

14.2All complaints are handled in accordance with Our complaints handling policy and procedure, available from our website and customer services respectively.

14.3 – If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

14.3.1By email, addressed to member services, at [email protected]; or

14.3.2By contacting Us by telephone on 020 8088 3170 and choosing option 2 when prompted.

15. How We Use Your Personal Information (Data Protection)

15.1 – All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2 – For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy, https://payments.property-investors.co.uk/policies/privacy-policy

16. Other Important Terms

16.1 – We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

16.2 – You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

16.3 – The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

16.4 – If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

16.5 – No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

16.6We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).

17. Restrictions

17.1 – In order to protect the confidential information and business connections of the Supplier, the Customer confirms that he/she shall not (whether in a personal or business capacity) from the Commencement date until the period ending 12 months from the last date he/she received the Services: (a) , provide services similar to the Services (for example, teaching property investment courses) ; and/or (b) compete with the Supplier’s business of providing property investment courses; without express written consent from the Supplier.

17.2 – The Customer shall not at any time represent himself/herself as connected with the Supplier (other than to say he/she received the Services from the Supplier) without express written consent from the Supplier.7

18. Law and Jurisdiction

18.1 – These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

18.2 – If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.

18.3 – If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

18.4 – If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.