These terms and conditions apply to Services provided by Learning Tree Permaculture
These terms and conditions apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course.
By purchasing a course from Learning Tree Permaculture, you agree to the terms of this agreement. If you do not agree to these terms and conditions you must cease to continue to purchase from us.
“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 Learning Tree Permaculture to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to Learning Tree Permaculture for the Services.
“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.
“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 Taught 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 booking in the case of ‘Taught Courses’.
“Taught Course” means a course taught by us in a classroom setting to which you attend in person.
“Website” means https://learningtreepermaculture.co.uk or www.learningtreepermaculture..co.uk
“you” means the individual purchasing the Services.
2.1. A description of the Courses together with the dates on which the Courses will begin are available on our Website. We will provide the Courses with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Courses described on the Website without notice.
2.3 We expect you to confirm that the Courses 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 Courses.
3. Purchasing Courses
Purchasing Online Courses via the Website
3.1. In order to purchase any of the Online Courses you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
Purchasing Taught Courses via the Telephone and/or email.
3.2. To purchase a Taught Course you do not need to have registered for an account with us.
3.3. When you place an order for a Course via the Website, telephone or email you are offering to purchase the Services on these terms and conditions. Learning Tree Permaculture 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 a Course via the Website, telephone or email 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 :
(a) accepted your offer to purchase a Course from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.6. Each individual course will be treated by us as a separate offer to purchase.
3.7. Learning Tree Permaculture does not and is not responsible for providing any certification from any professional body unless it is expressly stated in the Course description.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Courses 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 working 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. 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 then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Courses and any other cancellation and /or variation of course dates will be at the entire discretion of Learning Tree Permaculture.
5.1. The Fees for the Courses shall be as set out on the Website or as told to you by telephone/email at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Courses 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 by telephone/email prior to your purchase the Course.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and certification. These are payable by you directly to the relevant professional body.
5.4. Fees for the Course selected by you on the Website or purchased over by telephone/email shall be payable at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
5.5. Any fees charged by your processing provider in connection with your purchase of Courses are for your own account and Learning Tree Permaculture shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
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.
6.2. Although Learning Tree Permaculture aims to provide Courses to the highest standards, neither it, nor its tutors accept any liability for (i) any action taken by a Student based on any information provided in a course, (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 Courses. 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, Learning Tree Permaculture’s 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 Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Learning Tree Permaculture’a 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 Courses concerned have finished or have been completed by a Student.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the spoken information given by tutors at the Taught Courses are, and remain, the intellectual property of Learning Tree Permaculture or its contributing tutors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
Breach by you of this clause 7.2 shall allow us to immediately terminate our contract with you and cease to provide you with any Courses, 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 Taught Course.
8.1. Learning Tree Permaculture will keep your personal information confidential and will only use it for the necessary purposes of providing the course and to comply with our legal requirements of record keeping for taxation purposes.
8.2. Either party may disclose Confidential Information to legal advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
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:
- fail to pay the course fees when due;
- act in an aggressive, bullying, offensive, threatening or harassing'(including but not limited to sexual harassment, racism etc.) manner towards any employee of Learning Tree Permaculture, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- are in breach of these terms and conditions.
Any Courses 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, are the entire agreement. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Learning Tree Permaculture 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.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 When you register with us you will need to provide certain Data such as your contact details. We will store this Data and use it to contact you, provide you with details of the Courses you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the Data to provide you with further information. We will never pass any personal data onto anyone outside of Learning Tree Permaculture.
14.4. 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 courses. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
14.5. Links in our courses may go to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. Learning Tree Permaculture endeavour to take all reasonable steps to protect your personal data including the use of encryption technology, no personal data is ever stored online.
15. 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.