In these terms and conditions:
1.1 “Client” means the person, firm, or company to whom Proofreading Academy is providing access to its Proofreading Training Programme in accordance with these Terms.
1.2 “Seller” means Proofreading Academy, wholly owned by Proofed Inc. Suite 30, 101 St Mark’s Pl, New York, NY, 10009, United States of America.
1.3 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977.
1.4 “Terms” means the terms and conditions set out in this document and (unless the context requires otherwise) includes any special terms agreed in writing between the Client and the Seller.
1.5 “Course” means any aspect of the Seller’s proofreading Training Programme.
1.6 “Contract” means the contract between the Seller and the Client for the sale and purchase of the Course incorporating these Terms.
1.7 “Course Materials” means the digital course notes provided to the Client as part of this Contract.
2.1 Nothing in these Terms shall affect the Client’s statutory rights as a Consumer.
2.2 These Terms shall apply to all contracts for the sale of the Course by the Seller to the Client and shall prevail over any other documentation or communication from the Client.
2.3 Any variation to these Terms (including any special terms and conditions agreed by the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for the Course shall be deemed to be an offer by the Client to purchase the Course pursuant to these Terms and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
4 Price and payment
4.1 The price of the course shall be that stipulated on www.proofreadingacademy.com/pricing/.
4.2 The Course fees include all Course Materials, but it does not include tuition costs incurred by the Client.
4.3 The total purchase price will be displayed in the Client’s shopping cart prior to confirming the order.
4.4 After the order is received the Seller shall confirm by email the details, description, and price of the Course together with information on the right to cancel if the Client is a Consumer.
4.5 Payment of the price for the Course must be made in full before the Course is made available to the Client.
5 Rights of the Seller
5.1 The Seller reserves the right to adjust the price of the Course at any time prior to an enrolment being processed.
5.2 Should the Seller change the price of the Course, the Client will have the opportunity to either cancel the enrolment or to proceed at the amended price.
5.3 The Seller reserves the right to adjust the specification of the Course, or any aspect of the Course, at its discretion.
5.4 The Seller reserves the right to withdraw the Course at any time. Should the Seller withdraw the Course after the Client has purchased it, the Seller shall refund the Client an amount agreed between the Seller and the Client based on the number of assignments that the Client has completed and that have been marked by a tutor.
5.5 Save as provided for in the preceding paragraph, the Seller shall not be liable to anyone for withdrawing the Course or for refusing to process an order.
5.6 If the Seller discovers that the Client is not legally entitled to order the Course, the Seller shall be entitled to cancel the order immediately and without notice.
6.1 Except where the Client is dealing as a Consumer, all warranties, conditions, or terms relating to the fitness for purpose, merchantability, or condition of the Course, whether implied by statute, common law, or otherwise, are excluded, and the Client is satisfied to the suitability of the Course for the Client’s purpose.
7 Cancellation and return
7.1 The Client may cancel their Course. However, a full refund will not be eligible if Course Material has been downloaded or modules have been completed. A partial refund will be calculated based on the Course Material accessed to date.
7.6 Where a Course Contract is cancelled once assignments have been marked by a tutor, the Client shall not be entitled to a refund of any part of the price except by written agreement with the Seller.
8 Conditions of enrolment on any distance learning training course
8.1 The course must be completed within 12 months of the date of enrolment.
8.2 Should the Client not complete the Course within the stipulated time-frame, the study time can be extended by a further period of 12 months following written notice being provided by the Client.
8.3 After these periods it is deemed that the enrolment has lapsed, and the Client will need to re-enrol and pay the full fees for the course except where individually agreed with the Seller.
9 Indemnity and limitation of liability
9.1 Except as may be implied by law where the Client is dealing as a Consumer, in the event of any breach of these Terms by the Seller the remedies of the Client shall be limited to damages that shall in no circumstances exceed the price of the Course, and the Seller shall under no circumstances be liable for any indirect, incidental, or consequential loss or damage whatever.
9.2 Nothing in these Terms shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
9.3 The Client agrees to indemnify and keep indemnified the Seller, their successors and assigns, and each of their respective directors, officers, employees, and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the Client’s use of or interpretation of the Course and from any material posted on the Course website, to its discussion groups, or from any other matter relating to the Course, including but not limited to use of the information contained in the Course.
10.1 No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 Force majeure
11.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12.1 If any term or provision of these Terms is held invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid illegal or unenforceable provision eliminated.
13 Specific responsibilities of the Client
13.1 The Client acknowledges and agrees that the Seller may be required by a law enforcement agency to monitor website content and traffic and if necessary give evidence of the same together with use of the logon ID to support or defend any dispute or actionable cause or matter that arises in relation to the same.
14 Copyright, patents, trade marks, and other intellectual property rights
14.1 All of the copyright in the Course is the property of the Seller. Any unlawful copying, trading, pirating, or unauthorised use of this courseware will be construed as a breach of copyright and may result in prosecution.
15.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, the Seller may forthwith terminate access to the course by written notice to the Client if the Client commits any breach of these Terms and fails to remedy such breach within 30 days of written notification by the Seller.
16.1 The headings in these Terms are inserted for convenience only and shall not affect the interpretation.
17 Third party rights
17.1 These Terms do not confer any rights on any person or party (other than the Seller and/or the Client) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.2 The Client may not assign or sub-contract any rights or obligations under this contract to a third party unless the Seller agrees in writing.
18 Your data
18.1 The personal details you supply will be processed by the Seller.
The Seller will not use personal data you supply while purchasing the Course for marketing purposes unless you give your permission at the point of purchase.
19 Changes to Terms
19.1 The Seller shall be entitled to alter these Terms at any time, but this right shall not affect the existing Terms accepted by the Client upon making a purchase.
20 Governing law and jurisdiction
20.1 These Terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.