Standard Terms for the Purchase of Online and In-person Courses

These terms and conditions apply to Services provided by Developing Online LTD, a company registered in England and Wales, with company number 12210637 and registered office at 10a High Street, Market Deeping, Peterborough, England, PE6 8EB (“Developing Online LTD” or “Developing Homes” or “we” or “us”).

Developing Online LTD is registered for VAT with number GB 3437 69864.

Developing Online LTD is registered with the Information Commissioner’s Office, with registration number 00843886. You may contact us via email on info@developinghomes.co.uk.

These terms and conditions are in addition to the Website Disclaimers and apply to the sale of any Online Course and/or In- person Course. Please read these terms and conditions carefully before purchasing an Online Course and/or In-person Course and print a copy for your records and safekeeping purposes.

If there is any conflict between our Website Disclaimers, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or In- person Course then the conflict shall be resolved by applying the following order of priority:

1. Course Specific Terms and Conditions;
2. These Standard Terms for the Purchase of Online and In-Person Courses;
3. Website Disclaimers.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by Developing Online LTD to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to Developing Online LTD for the Services.

“In-person Course” means a course taught by us in a classroom setting to which you attend in person.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Minimum Age Requirement” means Developing Homes will not accept a Purchase from anybody under the age of 18.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.

“Services” means the provision of the Online Course and/or the In-person Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Website” means www.developinghomes.co.uk
“You” means the individual purchasing the Services. “Your” shall be read accordingly.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin and end are available on our Website and/or will be made available to you in other forms of communication, including but not limited to telephone, emails, and marketing literature. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website and other forms of communication.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website and other forms of communication without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services

Purchasing Services On-line

3.1. In order to purchase any of the Services on-line you must register your personal details with us via the applicable on-line platform.

Purchasing Services via the Telephone and/or In-person

3.2. You do not need to have registered for an account with us to purchase any of the Services over the telephone and/or in- person. You must, however, register with us to access your online or in-person course.

3.3. When you place an order for a Service via an on-line platform, or telephone you are offering to purchase the Services on these terms and conditions. Developing Online LTD reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.

3.4. Following receipt by us of your order for Services via an on- line platform or on the telephone we will contact you confirming receipt of your order.

3.5. A legally binding agreement between us and you shall come into existence when we have:
(i) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and (ii) received payment of the relevant Fees from you in accordance with clause 5 below.

3.6. Where your order consists of multiple Online Courses or multiple In-person Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

3.7. We cannot accept Purchases from anybody who does not comply with our minimum age requirement of 18 years.

4. Cancellation and Variation

4.1. Subject to clauses 4.2. and 4.3 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.

4.2. In the situation where you have made a purchase and signed your consent at a place of business the contract will then be regarded as being on premises and the following shall then apply; You the purchaser in accordance with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are defined as a consumer and this agreement is deemed to be an on-premises contract. Therefore, accordingly the 14-day cooling off period and right to an automatic refund DOES NOT apply.

4.3. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course you then understand and agree with explicit consent that the right to cancel the contract will be lost.

4.4 Where you have purchased a live training course that requires you to book a specified training date you will have 12 months from the date of purchase to make that booking. Please note bookings are on a first come, first served basis and subject to availability. Should you fail to make a booking within 12 months of your purchase, it will be deemed that you have cancelled your purchase without right to refund.

4.5. At any time up to 31 days prior to the commencement date of a live training course for which you are registered/booked onto you shall be entitled to reschedule once without penalty to a future live training course, subject to availability. You shall not be entitled to reschedule to any live training course commencing more than 12-months after the commencement date of the course for which you originally registered/ booked onto. All future reschedules for the same live training course will carry a non- refundable fee of £200 +VA.

4.6. Developing Homes reserves the right to reschedule or cancel any Course where we reasonably believe that it is impractical to run a particular Course or where the number of individual purchasing parties for a particular Course makes it uneconomical for us to run that Course at that time or at all. In any such case we shall endeavour to notify you of any such rescheduling or cancellation at the earliest opportunity and we shall bear no liability in respect of such rescheduling or cancellation save that we shall reimburse all fees already paid by you in the event of a cancelled course should we be unable to offer new dates

4.7. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Developing Online LTD and subject to an administration fee of £200.00 plus VAT.

5. Fees

5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them. All fees are priced in pounds sterling and subject to VAT which is payable by the Attendee at the prevailing rate. We accept payment by credit card and/or by bank transfer.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.

5.3. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit/ debit card at the time of purchase. Fees must be paid in full prior to you attending any In-person Course or accessing any Online Course.

5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Developing Online LTD shall not be responsible for these.

5.5. You shall be responsible for all costs you incur in connection with your attendance at any In-person Courses or your access onto any Online Course including, unless otherwise agreed in writing, any accommodation or overnight stay and meals.

5.6. Special payment arrangements may be separately agreed at the discretion of Developing Online LTD.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice and/ or tax advice.

6.2. Although Developing Online LTD aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, Developing Online LTD total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or In-person Course in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit Developing Online LTD liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the In- person Courses are, and remain, the intellectual property of Developing Online LTD or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or In-person Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of Developing Online LTD on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the In-person Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

(i) fail to pay when due your Fees;
(ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Developing Online LTD, any trainer or mentor who provides the In-person Courses or any student who attends any In-person Course;
(iii) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our In-person Courses;
(iv) intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
(v) are intoxicated through alcohol or illegal drugs while on our premises;
(vi) commit any criminal offence committed on our premises or where the victim is our employee or student;
(vii) are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Substitution

Notwithstanding clause 4.4 any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimers and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.

Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

Developing Online LTD shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion provided that your rights are not adversely affected.

14. Data Protection

14.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.

14.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Developing Online LTD.

14.4. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.5 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

14.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.7. Developing Online LTD endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.8. Developing Online LTD may supplement the information that you provide with information we receive from third parties

14.9. If you wish to change or update the data, we hold about you, please e-mail info@developinghomes.co.uk

14.10. Our privacy policy if freely available to read on our Website by visiting https://developinghomes.co.uk/privacy-policy

15. Notices

All notices to Developing Online LTD shall be in writing, in English and sent to the registered office of Developing Online LTD, 10a High Street, Market Deeping, Peterborough, England, PE6 8EB. All notices to you shall be in writing, in English and sent to the address have you provided to us.

16. Other Terms

16.1. Health and Safety. You must comply with all relevant legislation relating to Health and Safety at an In-person training course as well as the safety announcements plus venue regulations of which you are made aware whilst attending any Developing Online LTD course.

16.2. Certificates. Unless otherwise specified by Developing Online LTD, on successful completion of the course, you may be awarded a certificate by Developing Online. The decision of Developing Online LTD as to whether or not you have successfully completed the Course shall be final and conclusive.

16.3. Photography and Video Recordings. Developing Online LTD may arrange for photographs and video recordings to be taken at any In-person Course, including live webinar training. Please advise us prior to any commencement of the Course if you do not wish your photo to be taken. Otherwise, you expressly give your consent to be photographed and/or video recorded for the purposes of being included in Developing Online LTD Course publicity.

16.4. Personal Belongings. Developing Online LTD does not accept responsibility for your personal belongings or valuables, for example laptops or communication devices, brought to In-person courses. These remain the responsibility of the individual.

16.5. The following only applies to products that specifically state they offer a lifetime term. Unless terminated as provided for under the Standard Terms for the Purchase of Online and In-person Courses, Developing Homes agrees to provide you with the Service on a “lifetime” basis. Lifetime shall be defined as for as long as Developing Online LTD continues to offer courses as a commercial service or in any event a minimum of 2 years from date of your purchase. Lifetime products are per named Customer and are not transferable. Furthermore, lifetime terms are offered on a use it or lose it basis i.e. you need to be a fully active participant in the training course purchased, otherwise your lifetime term will be revoked at the discretion of Developing Online.

17. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

18. Company Information

Developing Online LTD is registered in England and Wales, with registered Company No 12210637. Developing Online LTD is registered with the Information Commissioner’s Office, with registration number 00843886.

Money-Back Guarantee Terms

The following restrictions apply to products that specifically state they are covered by a full satisfaction Money-Back Guarantee. Please read the following terms & conditions before making your purchase. Non-adherence to these conditions will void the guarantee.

1. All Money-Back Guarantees offered by Developing Online LTD are subject to a maximum period of days, as specifically stated prior to purchase, unless otherwise stated, from the date of purchase. No refund claims outside of this period will be considered.
2. To request money-back under the guarantee you must have fully completed the training and followed any action points as directed, making sure you have evidenced your progress.
3. In the event should you wish to apply for a refund under the money back guarantee, you can contact us at info@developinghomes.co.uk.
4. After receiving one refund under this policy for a particular eligible product, any subsequent purchase of the same product by the same person is not covered under this guarantee, and no refunds will be made for such subsequent purchases.
5. Refunds will be made by the same method as the purchase.
6. We reserve the right to forfeit the guarantee if we suspect any abuse of our Money-Back Guarantee offer.
7. Please note these Money-Back Guarantee terms & conditions are in addition to the Standard Terms for the Purchase of Online and In-person Courses.

Payment Plan Terms (only applicable to purchases made on an agreed plan)

By agreeing to the terms below you hereby authorise Developing Online LTD to process the applicable number of consecutive monthly instalments using your elected credit or debit card as provided by you, in the amounts and on the dates disclosed in the Instalment Scheduled, until such time as the Balance of Sales Price is fully paid.

1. Developing Online training products can be bought using the Payment Plan (PP) at the discretion of Developing Online LTD.
2. The PP requires that at the time the first Instalment is made; you make a full commitment to purchase an Developing Online training product as elected by you. All instalments of the PP, regardless of cancellation, are due from the second month until the final month of the agreed instalment schedule.
3. The first payment will be charged to your credit or debit card immediately upon your election to purchase an Developing Online training product. Each subsequent payment will be automatically charged to your credit or debit card on or around the dates as set out in the agreed instalment schedule, without further recourse to you.
4. Should we experience a non-successful payment you will be contacted to supply another form of payment, as in a bank transfer or another card payment, this card must be in the same name as the agreement. Following two (2) non-successful payments the full remaining amount will be requested and if not paid in full by thirty (30) days the debt will be passed through our legal process and your order will be cancelled.
5. If your PP order is cancelled for any reason including due to non-payment of any instalment or suspected fraud, you will only be able to make up missed payments to reinstate your purchase order at the discretion of Developing Online LTD. Developing Online will not be responsible for any consequences, including cancellation, which may arise from any delay or failure to pay.
6. These Payment Plan terms and conditions are in addition to the Standard Terms for the Purchase of Online and In-person Courses that governs your purchase of an Developing Online training product.
7. Purchase cannot be refunded or exchanged after your purchase order has been accepted, save as provided in the Standard Terms for the Purchase of Online and In-person Courses.
8. If you have any queries regarding the Payment Plan, please contact Developing Online by e-mailing info@developinghomes.co.uk

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