AnalyiSport: Course Terms and Conditions

  1.         These terms

1.1  What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content.

1.2  Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

1.3  Are you a business customer or a consumer ? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

  •               You are an individual.
  •               You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

1.4  If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

  1.         Information about us and how to contact us

2.1  Who we are. We are Analyisport Limited a company registered in England and Wales. Our company registration number is 13285870 and our registered office is at 124 Thorpe Road, Norwich, Norfolk, NR1 1RS.

2.2  How to contact us. You can contact us by telephoning our customer service team at 01603 273918 or by writing to us at [email protected].

2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1.         Our contract with you

3.1  How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the content or product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.

3.3  We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

  1.         Our content and products

4.1  Content and products may vary slightly from their pictures or demos. The images and clips of the products on our website are for illustrative purposes only.

  1.         Our rights to make changes

5.1  Minor changes to the content or products. We may change the content or product:

(a)   to reflect changes in relevant laws and regulatory requirements and the need to amend or update aspects of the content on account of these; and

(b)   to implement minor technical adjustments and improvements, for example to address a security threat.

5.2  Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

  1.         Providing the products and content

6.1  When we will provide the products and content.

(a)       If the product is a one-off purchase of digital content. We will make the digital content available for streaming by you as soon as we accept your order.

(b)       If the products are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.

6.2  We are not responsible for delays outside our control. If our supply of the products or content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products or content you have paid for but not received.

6.3  What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will be stated in the description of the products or content on our website. If necessary, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may not be able to complete the services, including providing you with a certificate of course completion. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.4  Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a)   deal with technical problems or make minor technical changes;

(b)   update the product to reflect changes in relevant laws and regulatory requirements.

6.5  Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency.

6.6  We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.6).

  1.         Your rights to end the contract

7.1  You can always end your contract with us.  Your rights when you end the contract will depend on what you have purchased, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:

(a)       If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the content repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer;

(b)       If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

(c)       If you are a consumer and have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)       In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 7.6.

7.2  Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

(a)   we have told you about an upcoming change to the product or these terms which you do not agree to;

(b)   we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c)   there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d)   we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or

(e)   you have a legal right to end the contract because of something we have done wrong.

7.3  Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4  When consumers do not have a right to change their minds.  Your right as a consumer to change your mind does not apply in respect of:

(a)   digital products after you have started to download or stream these; and

(b)   services, once these have been completed, even if the cancellation period is still running.

7.5  How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

(a)       Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services by providing you with the product or content, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b)       Have you bought digital content for download or streaming (for example, one of our online courses)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

7.6  Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for digital content is completed when the product is downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1.         How to end the contract with us (including if you are a consumer who has changed their mind)

8.1  Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following: 

(a)       Phone or email. Call on [NUMBER] or email us at [email protected] Please provide your name, details of the order and, where available, your phone number and email address.

(b)       Online. Complete the form at the end of these terms and emailing this to us.

8.2 When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind

  1.         Our rights to end the contract

9.1  We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a)   you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b)   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;

(c)       we believe you are in breach of these terms or any other terms or policies which apply to your contract with us, including the Website Terms [INSERT HYPERLINK].

9.2  You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3  We may withdraw certain content or product. We may write to you to let you know that we are going to stop providing certain content or product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  1.     Intellectual Property

10.1    We own the intellectual property in the product and content available on our site. Such intellectual property is protected by copyright laws and treaties around the world. All such rights are reserved.

10.2 You must not download or store the content or product in order to modify any materials or content made available to you and you must not use any data, illustrations, photographs, video or audio sequences or any graphics, except for the purpose of receiving the benefit of the product or content in the course of your independent study, without our prior written approval of such use.

10.3 You must not use any part of the content or product for commercial purposes without obtaining a licence to do so from us or our licensors.

10.4 Should we deem you to be in breach of this clause 10, or you print off, copy, download, share or repost any part of our content or product, including any course, material or part of either in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1.     If there is a problem with the product

11.1   How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at [NUMBER] or write to us at [email protected]

  1.     Your rights in respect of defective products if you are a consumer

12.1 If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

Where your product is digital content, for example the streaming content and courses, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 7.3.

Where your product is services, for example the access to and supply of the digital content, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 7.2.

  1.     Price and payment

13.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order . We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.3 for what happens if we discover an error in the price of the product you order.

13.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

13.4 When you must pay and how you must pay. We accept payment with Visa, VISA Debit, Mastercard, Discover, JCB and American Express. For digital content, you must pay for the products before you download or stream them .

13.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

13.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

  1.     Our responsibility for loss or damage suffered by you if you are a consumer

14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

14.2 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.

  1.     Our responsibility for loss or damage suffered by you if you are a business

15.1 Nothing in these terms shall limit or exclude our liability for:

(a)   death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)   fraud or fraudulent misrepresentation;

(c)   any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2 Subject to clause 15.1:

(a)   we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

(b)   our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

  1.     How we may use your personal information

16.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy at https://analyisport.com/privacy-policy/.

  1.     Other important terms

17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

Model Cancellation Form for consumer customers

(Complete and return this form only if you wish to withdraw from the contract)

To Analyisport Limited at 124 Thorpe Road, Norwich, Norfolk, NR1 1RS and by email to [email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate