Terms of supply
You should print a copy of these terms for future reference.
Note that if you refuse to accept these terms you must not purchase any Course from our site. Any Course that you do purchase will be purchased on these terms.
Any questions regarding this site and these Terms of Supply should be sent to Everything Art Limited, 4 Harlow Way, Ashbourne, Derbyshire DE6 1TJ, or by email to [email protected]
1. Information About Us
1.1 This site is operated by or on behalf of Everything Art Ltd. We operate the websites http://www.everything-art.com, and http://www.everything-art.tv . We are a private limited company registered in England and Wales under the number 09111832.
1.2 We will accept orders from individuals or organisations outside the UK and Channel Islands, however the payment process and the Course itself will comply with the laws of England and Wales rather than the laws of the country in which the Course was purchased.
2. Your Status
2.1 By placing an order through our site, you warrant that:
- (a) you are legally capable of entering into binding contracts; and
- (b) you are at least 18 years old.
3. How the Contract is Formed Between you and us
3.1 After placing an order, you will receive an email from us or our service providers acknowledging that we have received your order and accepted it (“Order Confirmation Email”). The contract between us and you (the “Contract”) will only be formed when we send you the Order Confirmation Email but will still be subject to availability.
3.2 The Contract will relate only to those Courses we have confirmed in the Order Confirmation Email. We will not be obliged to supply any other Courses, nor will any contract be formed between us and you in respect of any other Course, which may have been part of your order until availability of such Course has been confirmed in a separate Confirmation Email.
4. Our Status
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that courses or products you purchase from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against third party sellers. If you would like information about your legal rights you should contact your local trading standards or citizens advise bureau.
5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen (14) days beginning on the day you received the Confirmation Email, so long as you have not yet commenced the course. In this case, you will receive a full refund of the price paid for the Course in accordance with our refunds policy (for which, please see Clause 9 below). You agree that if you have accessed any part of the course then the service we are providing you in making the Course available will have commenced so you will lose your right to cancel the Contract during those fourteen (14) days. No such rights to cancel shall exist if you are not a consumer.
5.2 To cancel a Contract, you must inform us via email to [email protected]
5.3 This provision does not affect your other statutory rights as a consumer.
If you purchase by Paypal or a credit or debit card payment the Course or Courses will be available immediately on receipt of our Order Confirmation Email.
7. Rights to Use the Course
7.1 On payment of the entire Course fee:
We grant to you a non-exclusive licence for you to use the course for your own use with lifetime* access (see below for lifetime access definition).
7.2 In the event that we change the electronic platform on which the Courses are available, you acknowledge that you may need to take reasonable actions to retain access to any Course that you have purchased, including but not limited to re-registering your details (or, in the case of an organisation, procuring the re-registration of individuals using such Courses) on a new electronic platform. We will give you notice in advance of any such requirement, together with instructions explaining what actions will be required from you to retain access to any Course that you have purchased.
8. Price, Payment and Delivery
8.1 The price of the Course will be as quoted on our site from time to time, except in cases of obvious error.
8.2 The price of the Course includes VAT in countries where we are obliged to charge VAT at the current UK rate.
8.3 Our Course prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
8.4 It is always possible that, despite our best efforts, the Course listed on our site may be incorrectly priced. If a Course’s correct price is higher than the price stated on our site, we will normally reject your order and notify you that we are rejecting it.
8.5 If the pricing error is obvious and unmistakeable and could have been reasonably recognised by you as an error, we do not have to provide the Course to you at the incorrect (lower) price.
8.6 Payment for all Courses must be by Paypal, credit or debit card. We accept payment with Visa and MasterCard. Your credit and debit card information are handled by Stripe and we do not have access or come into contact with your card details.
9. Our Refunds Policy
9.1 If you return a Course to us:
- (a) because you have cancelled the Contract between us within the fourteen-day cooling-off period (per Clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day on which you gave us notice to cancel the Contract. In this case, we will refund the price of the Course; or
- (b) for any other reason (for instance, because you have notified us in accordance with Clause 20 that you do not agree to a change in these terms or in any of our policies, or because you consider that the Course is defective), we will review the Course if applicable and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective Course in full.
10.1 We use our best endeavours to provide up to date and accurate information in the Courses as of the date of purchase to you. However, you acknowledge and agree that:
- The Courses are not intended to constitute a definitive or complete statement of the law on any subject nor is any part of the course content intended to constitute legal advice for any specific situation.
- We do not undertake any obligation to consider whether the information provided in the Courses (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
- We do not accept any responsibility for action taken as a result of information included in the courses. You should take specific advice when dealing with specific situations.
- The Courses are educational in nature, and may not reflect all recent legal developments arising from any unforeseen or emergency law, regulation, code of practice, statutory instrument or other legislation which may be enacted or comes into force during the Term following purchase of the Courses by you and may not apply to the specific facts and circumstances encountered by you.
11. Our Liability
11.1 To the extent permitted by law, we exclude all liability in respect of all claims arising out of or in connection with the provision of clinical advice and care to the service users provided under any Course and you hereby agree to indemnify us against any claim made against us by a service user or on behalf of a service user to the extent that the claim arises as a result of the default, negligence or other act or omission of you or your personnel.
11.2 Without prejudice to Clause 11.1, we will not be liable under these terms for any loss or damage caused by us or our officers, employees or agents in circumstances where:
- (a) there is no breach of a legal duty of care owed to you by us or by any our officers, employees or agents;
- (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
- (c) any increase in loss or damage or results from any breach by you of any term of these terms.
11.3 Nothing in these terms excludes or limits our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- (d) defective products under the Consumer Protection Act 1987;
- (e) any deliberate breaches of these terms that would entitle you to terminate the Contract; or
- (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
12. Import Duty
12.1 If you agree with us to buy any Course and take it from outside the UK, the Course may be subject to import duties and taxes from the jurisdiction you take the Course in. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country in which you take the Course. We will not be liable for any breach by you of any such laws.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be primarily electronic. We will contact you by email or alternatively provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not, however, affect your statutory rights.
All notices given by you to us must be given to Everything Art Ltd, 4 Harlow Way, Ashbourne, Derbyshire or by email to [email protected] We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or two (2) working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. Transfer of Rights and Obligations
15.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside our Control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) strikes, lock-outs or other industrial action (excluding the affected party's workforce);
- (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- (e) impossibility of the use of public or private telecommunications networks;
- (f) the acts, decrees, legislation, regulations or restrictions of any government; and
- (g) pandemic or epidemic.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be able to rely on an extension of time for performance for the duration of the Force Majeure Event. We will use our reasonable endeavours to bring the Force Majeure Event to a close, to mitigate the continuing effects of a Force Majeure Event, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
17.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 14 above.
If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.
19. Entire Agreement
We intend to rely upon these terms and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms to be confirmed in writing.
20. Our Right to Vary These Terms
20.1 We have the right to revise and amend these terms from time to time.
20.2 You will be subject to the policies and terms in force at the time that you order Courses from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted such changes to the terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Course).
21. Law and Jurisdiction
Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English Courts.
22. Third Party Rights
A person who is not party to these terms or a Contract shall have no rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Our website www.everything-art.com offers lifetime access to classes purchased. Our definition of Lifetime access is the ability for the original purchaser to access the class as long as both the platform (currently Teachable) and Everything Art Ltd are still in business.