These Terms and Conditions apply to any of the products and services that are sold or acquired from “The Shop” web site.
In this document the terms:
'we' or 'our' or 'us' means Destination Data Ltd, its employees and representatives.
“The Services” are the learning information services and/or the learning system.
"Learning Information" and "information" means any content we place on the learning website.
"The Learning Website" means Learn0nLine COMmunicate or any subsequent name it is given.
It is your responsibility to ensure you read the Terms and Conditions that we clearly state are there for you to read. We will not accept any statement that you did not realise there were terms and conditions. The Contact page gives you full details on how to contact us by email, fax, telephone and postal mail.
By using “The Shop” website, you agree that you have read and agree the following clauses:
We sell products of two types:
Where we state “receipt of payment” or similar, we mean successful payment. If any payment is clawed back or cancelled by the Bank involved, we will act as if you have not paid.
Within this site you will find various goods, services and comment (hereafter referred to as "products") promoted and offered freely or for sale. Where a product is offered for sale, please look for specific Terms and Conditions that may relate to that product only if such Terms and Conditions are not covered by the general ones in the clauses here.
In relation to any third party "product" while we have made our endeavours to check that each third party seller conforms to a reasonable good level of service and trading and is not dis-reputable at the time of entering their products into “The Shop”, you accept and agree that:
a. We do not guarantee the accuracy or completeness of any of the information, sound, software and any other materials (in whatever form) and services made available to you from these websites or any further information or results which may be derived from them. We strongly encourage you to make your own evaluation before relying upon any information contained on these web sites and before entering into any transaction with one of our third parties.
b. You acknowledge that we will not be responsible for any sites, goods or services offered or made available on the Internet provided by third parties.
c. This Agreement does not create any rights under the Contracts (Rights of Third Parties) Act 1999 which is enforceable by any person who is not a party to it but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
It is important that you understand the Terms and Conditions that relate to each "product". These are classified under three headings:
1.1 Where we give any information that may be construed as advice this is strictly on the basis that this is only intended as helpful guidance and informed comment. You must make your own decision based on your own circumstances and knowledge you have if what we say is useful to you. We can only make generalised comment as we can have no knowledge of you and your circumstances, nor do we seek in any way to make comment specific to any one person, firm or organisation unless consultation is formally arranged.
1.2 Where "products" are offered as free, you must make your own judgement on whether the free element is in fact paid for in a bundle price which contains free items. We do not hold ourselves responsible for such offers made by those other than ourselves.
1.3 Where we directly offer our own products as ‘free’, we undertake that these items are free and not paid for by an all inclusive price. Where these "products" are marked as free, your rights remain as if you paid for them.
2.1 Where we recommend or promote other people, firms or organisations, this is strictly on the basis that we have done this in good faith and have made reasonable efforts to assess that the recommended or promoted entity delivers good quality and value for money "products".
2.2 We do not accept any liability or consequential liability for the consequences of any person taking, using, relying upon or suffering from any such "product". We will follow up on your behalf any dissatisfaction you have with a "product" and will act to remove any recommendation where the recommended entity consistently fails to properly provide the product on the specification advertised and inferred.
2.3 If you do not find Terms and Conditions presented to you before or at the time you make a purchase, you can advise us. This does not mean that we accept any liability and you must make your own judgement on whether you proceed with the purchase.
3.1 Terms and Conditions and service level agreements vary for "product" and specific details will be provided at the time of sale. Please ensure you read these.
3.2 Where the "product" relates to, or depends on delivery to you through services by mobile networks or fixed line Telco’s or broadband services, we are dependant on the availability of those services to deliver the item sold to you. We can not be held responsible for the consequences of loss of service or failure of telecoms, internet and wireless network systems (service providers) or consequences of corporate failure of such providers.
3.3 Our Terms and Conditions relating to 3.2 are governed by the service level agreements and Terms and Conditions of those service providers. On request we can provide you with details of the service provider terms and conditions.
3.4 DISCLAIMER: In consideration of selling the Services of on-line learning courses in a web-based learning system provision where it is not possible for us to control how you learn and how much you learn:
3.4.1 We endeavour to provide the on-line learning Services with reasonable care and skill and to ensure that information given is correct and accurate at the time of writing and update the information for critical changes in a timely manner as far as is reasonably possible;
3.4.2 While we take reasonable efforts and go to lengths to ensure accuracy we do not guarantee the accuracy or completeness of any of the information provided;
3.4.3 You agree that you do not hold us liable in any way whatsoever for your actions resulting from the learning information which includes any other content we may provide or any person you caused to act upon the learning information;
3.4.5 Nor for any consequences of you actions no matter whether it causes any consequent damage which includes injury or any other form of liability occurring directly or as collateral damage relating to the Services;
3.4.7 We are not responsible to you for losses you suffer under any contract you have with a third party through which you access the Services;
3.4.6 We are not responsible to you for any loss or damage suffered by you which was not an obvious consequence of us failing in ensuring accuracy of the learning information which includes any other content we may provide or any person you caused to act upon the learning information;
3.4.7 For avoidance of doubt we are not responsible to you for losses which you suffer which are not directly caused by our actions.
4.1 In general we endeavour to give you the “product” you pay for within a few hours of our receipt of your payment, but, this may take up to 48 hours if purchase is made at a weekend, or if demand is high, or it is one where we have to verify that you belong to the organisation we ask you the name of. Where a “product” is for:
4.1.1 a service where you will be given an access such as a code, password or other type of key in order to use the “product”, you will receive this within 48 hours. Please the Contact Us on the website if you do not. Normally we endeavour to provide the access within 2 hours.
4.1.2 subscription to mobile text services such as news flash, results, notifications and similar ‘be in touch’ alerts, the payment you make is for pre-paid bundles of texts according to the selection you make. The number of texts, frequency, content and other details about how and when you receive them are stated on the page where you select the service. Once we have receive your payment, you will start to receive your chosen service within 48 hours, or as the individual terms may state.
5.1 For our own products, we do not issue invoices unless by prior agreement. The Shopping Cart allows you to print the invoice at time of purchase. 3rd party sales will be subject to the trading method of each supplier.
5.2 If your cheque or credit card payment fails we will inform you and you must ensure that your Products are paid by an alternative method before the Product is issued to you.
5.3 If your method payment fails after you have been issued the Product we reserve the right to bill you for the normal retail price excluding any discounts of the Product you have taken failing which we will refer your outstanding account to our credit control department
5.4 If the amount in (5.2) remains unpaid 32 days after the original due date for payment, appropriate action may be taken by us to collect the outstanding sums.
5.5 Within 7 days you may cancel a payment of our Product which is made by your credit, or debit card only if you have not made use of the Access Code sent to you and/or entered the e-course you purchased access to.
Product prices may vary. We aim to make purchasers aware 3 months in advance and at least one month advance.
Sportsgate’s liability in respect of any claim arising from the negligence of its employees acting in the course of their employment or any other liability which may not be limited or excluded at law shall not exceed the value for which the item concerned would normally be sold for any one claim event and its related events and is limited to the normal conditions under which the product is intended to operate.
This agreement shall be governed by and construed in accordance with English law. Each of the parties submits to the non-exclusive jurisdiction of the English courts.
Please click the ‘Contact Information’ link on the top right menu on The Shop pages.
You must clearly state who you are and provide your phone number and email address. Please give details of the product you are contacting us about. Allow up to 48 hours for a response, although we will usually respond within a few hours.