Terms and Conditions

1 Interpretation
In these terms and conditions:
1.1 “Client” means the person, firm or company for whom ContentETC, part of Editorial Training Consultants Ltd, is providing access to the e-learning programme, in accordance with these Terms.
1.2 “Seller” means ContentETC, part of Editorial Training Consultants Ltd, 13 Petworth Road, Haslemere, Surrey GU27 2JB
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 the Seller’s e-learning 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 “Enrolment key” is a code supplied by email to the Client following purchase of the Course that enables the Client to register for the Course.
2 Conditions
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 Ordering
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.
3.2 Where the Course ordered by the Client is unavailable, the Client shall be notified and given the option either to wait until it becomes available or to cancel the order and receive a full refund within 30 days.
3.3 When placing an order through www.contentetc.com or www.etc-online.co.uk, the technical steps the Client needs to take to complete the order process are described on www.contentetc.com
4 Price and payment
4.1 The price of the course shall be that stipulated on www.contentetc.com.
4.2 The total purchase price will be displayed in the Client’s shopping cart prior to confirming the order.
4.3 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.
4.4 Payment of the price 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 and specification of the Course, or any aspect of the Course, at its discretion.
5.2 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 the price they paid for the Course.
5.3 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.
5.4 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 Warranty
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.
6.2 The Seller does not warrant that the Course will be continuously available 24 x 7 x 365 but will use its reasonable endeavours to keep downtime to a minimum.
7 Delivery
7.1 The Client’s enrolment key will normally be supplied by email within 24 hours of purchase.
7.2 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Client will be notified and given the opportunity to agree a new delivery date or receive a full refund.
7.3 The Seller shall use its reasonable endeavours to meet any agreed date for delivery. In any event, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Client or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.4 Delivery of the Enrolment key for the Course shall be to the email address specified in the Client’s order and the Seller shall not be responsible for any failure or delay in the delivery of that email which is outside its direct control.
8 Cancellation and return
8.1 If the Client is a Consumer, the Client has the right, in addition to their other rights, to cancel the Contract and receive a refund by informing the Seller in writing within 7 working days of receipt of their Enrolment key, provided that the Client has not spent more than five minutes on the course.
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 which 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 web site, 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 Waiver
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
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 Severance
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 Access to the Course
The Client will, upon payment and registration, be granted access to the Course for a period of 1 month. The Client must register online within 20 days of receipt of their Enrolment key to activate the 1-month access period.
14 Specific responsibilities of Client
The Client acknowledges and agrees that the Seller may be required by a law enforcement agency to monitor web site 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 which arises in relation to the same.
15 Copyright, Patents, Trade Marks and other intellectual property rights
All of the copyright in the e-learning course is the property of the Seller. Any unlawful copying, trading, pirating or unauthorized use of this courseware will be construed as a breach of copyright and may result in prosecution.
16 Termination
Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, the Seller may forthwith terminate the 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 2 days of written notification by the Seller.
17 Headings
The headings in these Terms are inserted for convenience only and shall not affect the interpretation.
18 Third party rights
18.1 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.
18.2 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.
19 Your data
When you register with us we invite you to receive further information from us and our carefully selected partners. This is so that you receive regular news on specials offers and promotional deals available through our site. We try to make it an easy and simple process to opt-out of this, or any other service you may subscribe to on our site.
20 Changes to Terms
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.
21 Governing law and jurisdiction
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.