Terms and Conditions

These Terms and Conditions conrtain two sections:

1. Terms of Sale and Licence.
2. Terms of Use and Acceptable Usage Policy.

Terms of Sale and Licence

Background

These Terms of Sale and Licence (“Terms of Sale”), together with any and all other documents referred to herein, set out the terms under which access to Paid Content is sold by Us through this website, academy.solvaa.com (“Our Site”) to parties who are not Consumers. These Terms of Sale apply for the Principals and the Representatives when ordering access to Paid Content via Our Site. If the Principal does not agree to comply with and be bound by these Terms of Sale, the Principal will not be able to purchase access to Paid Content. These Terms of Sale, as well as any and all Contracts are in the English language only. These Terms of Sale do not apply to the sale of custom-made digital content ordered and/or delivered outside of Our Site.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” means an entity or individual acting for purposes which are wholly or mainly outside that entity’s or individual’s trade, business, craft or profession;
“Contract” means a contract for the purchase of access for Users to Paid Content, as explained in Clause 6;
“Order Confirmation” means our acceptance and confirmation of the Principal’s purchase of a Subscription;
“Order ID” means the reference number for the Subscription or Single Program Access;
“Licence” means a limited, non-exclusive, non-transferable, non-sublicensable licence for a set number of Users to access and use the relevant Paid Content as stipulated in Clause 9;
“Paid Content” means the digital content including but not limited to courses, e-learning materials, seminars and online educational programmes made available for access by Subscription or by Single Program Access through Our Site;
“Representative” means the physical person legally and/or formally representing the Principal in the communication and transactions with Us;
“Single Program Access” means a time limited right provided to the Principal by Us providing access for the Users to certain Paid Content;
“Principal” means the physical or legal person who is not a Consumer taking up a Subscription or Single program Access;
“Subscription” means a periodic subscription provided to the Principal by Us providing access for the Users to certain Paid Content;
“Users” means the physical persons authorised by the Principal to access certain Paid Content subject to the Contract and these Terms of Sale; and
“We/Us/Our” means Cloud Your Business Pro Limited t/a Solvaa Automation Academy.

2. Information About Us

  • 2.1 Our Site, www.academy.solvaa.com, is owned and operated by Cloud Your Business Pro Limited t/a Solvaa Automation Academy, a limited company registered in England and Wales under company number 10856404, whose registered address is at Amelia house, Crescent road, Worthing, BN11 1QR, United Kingdom.
  • 2.2 Our VAT number is 397 0304 87.

3. Consumers

These Terms of Sale do not apply to Consumers purchasing access to Paid Content by Subscription, Single Program Access or otherwise.

4. Representatives

The Representative warrants that it has the necessary power of attorney to legally bind the Principal in the relationship to Us under these Terms of Sale.

5. Subscriptions, Paid Content, Pricing and Availability

  • 5.1 We make all reasonable efforts to ensure that all descriptions of Paid Content, Subscriptions and Single Program Access available from Us correspond to the actual Paid Content and delivery model that the Principal will receive.
  • 5.2 We may from time to time change Our prices. Changes in price will not affect any Subscription or Single Program Access that the Principal has already purchased but will apply to any subsequent renewal or new Subscription or Single Program Access. We will inform the Principal of any change in price for Subscriptions at least 30 days before the change is due to take effect. If the Principal do not agree to such a change, the Principal may cancel the Contract for a Subscription as described in sub-Clause 12.1.
  • 5.3 Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in the subject matter of the Paid Content, relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect the Users’ use of that Paid Content. However, if any change is made that would affect the Users’ use of the Paid Content, suitable information will be provided to the Principal.
  • 5.4 In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform the Principal at least 30 days before the changes are due to take effect. If the Principal do not agree to the changes, the Principal may cancel the Contract as described in sub-Clause 12.1.
  • 5.5 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to the Principal before the Principal purchased the Subscription or the Single Program Access for the Users to access the Paid Content. Please note that this does not prevent Us from updating and/or enhancing the Paid Content, thereby going beyond the original description.
  • 5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that the Principal have already placed (please note sub-Clause 5.10 regarding VAT, however).
  • 5.7 All prices are checked by Us before We accept the Principal’s order. In the unlikely event that We have shown incorrect pricing information, We will contact the Principal in writing to inform the Principal of the mistake. If the correct price is lower than that shown when the Principal made the Principal’s order, we will simply charge the Principal the lower amount and continue processing the Principal’s order. If the correct price is higher, We will give the Principal the option to purchase the Subscription or the Single Program Access at the correct price or to cancel the Principal’s order (or the affected part of it). We will not proceed with processing the Principal’s order in this case until the Principal respond. If We do not receive a response from the Principal within 7 days, We will treat the Principal’s order as cancelled and notify the Principal of this in writing.
  • 5.8 If We discover an error in the price or description of the Subscription or the Single Program Access after the Principal’s order is processed, We will inform the Principal immediately and make all reasonable efforts to correct the error. The Principal may, however, have the right to cancel the Contract if this happens. If We inform the Principal of such an error and the Principal do wish to cancel the Contract, please refer to sub-Clause 12.3.
  • 5.9 If the price of the Subscription or the Single Program Access that the Principal has ordered changes between the Principal’s order being placed and Us processing that order and taking payment, the Principal will be charged the price shown on Our Site at the time of placing the Principal’s order.
  • 5.10 All prices on Our Site include VAT if applicable for the Principal as determined at time of check out. If the VAT rate changes between the Principal’s order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

6. Orders – How Contracts Are Formed

  • 6.1 Our Site will guide the Principal through the process of purchasing the Subscription or the Single Program Access. Before completing the Principal’s purchase, the Principal will be given the opportunity to review the Principal’s order and amend it. The Principal should ensure that the order is carefully checked before submitting it.
  • 6.2 If, during the order process, the Principal provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process the Principal’s order due to incorrect or incomplete information, We will contact the Representative to ask to correct it. If the Representative do not give us the accurate or complete information within a reasonable time of Our request, We will cancel the Principal’s order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from the Principal providing incorrect or incomplete information.
  • 6.3 No part of Our Site constitutes a contractual offer capable of acceptance. The Principal’s order to purchase a Subscription or Single Program Access constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending the Principal an Order Confirmation by email. Only once We have sent the Principal an Order Confirmation will there be a legally binding Contract between Us and the Principal.
  • 6.4 Order Confirmations shall contain the following information:
6.4.1 The Principal’s Order ID;
6.4.2 Confirmation of the Subscription or Single Program Access ordered including full details of the number of Users covered by the Licence and the main characteristics of the Paid Content available as part of it;
6.4.3 Fully itemised pricing for Subscription including, where appropriate, taxes, and other additional charges; and
6.4.4 For Subscriptions: The duration of the Subscription and the renewal date.
  • 6.5 In the unlikely event that We do not accept or cannot fulfil the Principal’s order for any reason, We will explain why in writing. No payment will be taken under normal circumstances.
  • 6.6 Any refunds under this Clause 6 will be issued to the Principal as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  • 6.7 Refunds under this Clause 6 will be made using the same payment method that the Principal used when purchasing the Principal Subscription.

7. Payment

  • 7.1 The Principal’s payment obligations for the Subscription is activated when the Principal receives the Order Confirmation, and payment for Subscriptions or Single Program Access must generally be made in advance; however, the payment for the Subscription or Single Program Access may at Our discretion be in instalments as described on Our Site, if applicable.
  • 7.2 The Principal’s chosen payment method will be charged when we process the Principal’s order and send the Principal an Order Confirmation.
  • 7.3 We accept the following methods of payment on Our Site :
7.3.1 Credit or debit card via Stripe (as payment provider);
7.3.2 BACs for UK bank transfers if invoiced.
  • 7.4 For the purchase of a Subscription or Single Program Access for multiple Users payment cannot be executed directly on Our Site. We will generate an invoice in the name of the Principal. The invoice must be paid within 7 days.
  • 7.5 If the Principal do not make any payment due to Us on time, We will suspend the Principal’s and consequently the Users’ access to the Paid Content. We may at Our discretion choose to send the Principal a reminder for payment, and if the Principal do not make payment within 3 calendar days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
  • 7.6 If the Principal believe that We have charged the Principal an incorrect amount, please contact Us as soon as reasonably possible to let us know.

8. Provision of Paid Content

  • 8.1 Paid Content appropriate to the Principal’s Subscription or Single Program Access will be available to the Principal and the Users as soon as reasonably possible after We send the Principal an Order Confirmation and the payment for the Subscription or Single Program Access has cleared in Our account, and will continue to be available for the duration of Single Program Access period or the Subscription period (including any renewals), or until the Principal end the Contract.
  • 8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.2.1 To fix technical problems or to make necessary minor technical changes;
8.2.2 To update the Paid Content including but not limited to in order to comply with relevant changes in the law or other regulatory requirements;
8.2.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.4.
  • 8.3 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We will inform the Principal in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform the Principal as soon as reasonably possible after suspension). If the suspension lasts for more than 30 calendar days, the Principal may end the Contract as described below in sub-Clause 12.2.
  • 8.4 We may suspend provision of the Paid Content if We do not receive payment on time from the Principal. We will inform the Principal of the non-payment on or after the due date, however if the Principal do not make payment within 3 calendar days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from the Principal. If We do suspend provision of the Paid Content, We will inform the Principal of the suspension.
  • 8.5 Any refunds under this Clause 8 will be issued to the Principal as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
  • 8.6 Refunds under this Clause 8 will be made using the same payment method that the Principal used when purchasing the Principal Subscription or the Single Program Access.

9. Licence

  • 9.1 When the Principal purchases a Subscription or Single Program Access to access Paid Content, We will subject to sub-Clause 9.2 grant the Principal the Licence for a set number of Users to access and use the relevant Paid Content.  Use of the Paid Content is solely for internal use within the Principal’s organisational entity, e.g., limited company, formal partnership or non-profit organisation and not for use outside of the Principal’s organisational entity. The licence granted to the Principal does not give the Principal and/or the Users any rights in the Paid Content (including any material that We may licence from third parties).
  • 9.2 The Principal and the Users must comply with all specific licences and policies for the use of intellectual property including but not limited to copyrights to literary works, computer programmes and methods, that may be included in the Paid Content.
  • 9.3 The Licence granted to the Principal under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions:

9.3.1 The Principal and/or the Users may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Contract and the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

9.3.2 The Principal and the Users must at all times comply with the Terms of Use including the Acceptable Usage Policy available from our Terms of Use and Acceptable Usage Policy. The Principal shall be jointly and severally liable for such compliance by the Users.

10. Problems with the Paid Content

  • 10.1 We aim to provide digital content that is of satisfactory quality, fit for purpose, and as described. If any Paid Content available through the Principal’s Subscription or Single Program Access does not comply, please contact Us as soon as reasonably possible to inform Us of the problem. The Principal’s available remedies will be as follows:
10.1.1 If the Paid Content has faults, the Principal will be entitled to a repair or a replacement; and
10.1.2 If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to the Principal, the Principal may be entitled to a full or partial refund.
  • 10.2 Please note that We will not be liable under this Clause 10 if We informed the Principal of the fault(s) or other problems with particular Paid Content before the Principal accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and/or We have warned the Principal that it may contain faults that could harm the Principal device or other digital content); if the Principal have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from the Principal and/or any User’s use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage by the Principal and/or any User.
  • 10.3 If there is a problem with any Paid Content, please contact Us immediately as provided in clause 14.
  • 10.4 Refunds (whether full or partial, including reductions in price) under this Clause 10 will be issued within 14 calendar days of the day on which We agree that the Principal are entitled to the refund.
  • 10.5 Refunds under this Clause 10 will be made using the same payment method that the Principal used when purchasing the Principal Subscription.

11. Cancelling The Principal’s Subscription or Single Program Access

  • 11.1 Subject to sub-Clause 11.3 the Principal may cancel the Principal’s Subscription or Single Program Access within 7 days from the time We send the Principal an Order Confirmation.
  • 11.2 Subject to sub-Clause 11.3 and Clause 12, We cannot offer any refunds and the Principal will continue to have access to the Paid Content for the remainder of the Principal’s current Subscription or Single Program Access period (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
  • 11.3 The Principal cannot cancel the Principal’s purchase of Single Program Access if the Principal or the User has started accessing the Paid Content.
  • 11.4 If the Principal wish to exercise the Principal’s right to cancel under this Clause 11, the Principal may inform Us of the Principal’s cancellation by contacting Us as provided in clause 14. Cancellation by email or by post is effective from the date on which the Principal send Us the Principal message. In each case the Principal must provide Us with the Principal name, address, email address, telephone number, and Order ID.

12. The Principal Other Rights to End the Contract

  • 12.1 The Principal may end the Contract at any time if We have informed the Principal of a forthcoming change to the price and/or Principal’s Subscription or Single Program Access and/or the Paid Content (as described in sub-Clauses 5.2 and 5.4), that the Principal do not agree to. If the change is set to take effect or apply to the Principal before the end of the Principal current Subscription and/or Single Program Access term, and the Principal terminates the Contract on this basis, We will issue the Principal with a pro-rated refund equal to the remaining time left in that Subscription and/or Single Program Access term. If the change will not take effect or apply to the Principal until the expiry of the Principal current Subscription, the Contract will end at the end of that Subscription period and/or Single Program Access term and the Principal will continue to have access to the Paid Content until that date.
  • 12.2 If We have suspended availability of the Paid Content for more than 30 calendar days, or We have informed the Principal that We are going to suspend availability for more than 30 calendar days, the Principal may end the Contract immediately, as described in sub-Clause 8.3. If the Principal end the Contract for this reason, We will issue the Principal with a prorated refund.
  • 12.3 If We inform the Principal of an error in the price or a significant and material error in the description of the Paid Content, and the Principal within 14 calendar days of the Principal purchasing the Subscription wish to end the Contract as a result, the Principal may end it immediately. If the Principal end the Contract for this reason, We will issue the Principal with a full refund.
  • 12.4 The Principal also have a legal right to end the Contract at any time if We are in breach of it. The Principal may also be entitled to a full or partial refund and compensation.
  • 12.5 Refunds under this Clause 12 will be made within 14 calendar days of the date on which the Principal’s cancellation becomes effective, using the same payment method that the Principal used when purchasing the Principal’s Subscription.
  • 12.6 If the Principal wishes to exercise the Principal’s right to cancel under this Clause 12, the Principal may inform Us of the Principal’s cancellation by contacting Us as provided in clause 14. Cancellation by email or by post is effective from the date on which the Principal send Us the Principal’[s message. In each case the Principal must provide Us with the Principal name, address, email address, telephone number, and Order ID.

13. Our Liability

  • 13.1 We will be responsible for any foreseeable loss or damage that the Principal may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by the Principal and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
  • 13.2 We will not be responsible in any way directly to the Users except for issues related to Our Privacy Policy as provided in Clause 16.
  • 13.3 We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind.  We will not be liable to the Principal for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  • 13.4 If, as a result of Our failure to exercise reasonable care and skill, any digital content (including but not limited to Paid Content) from Our Site damages the Principal’s or any Users’ servers or devices or other digital content belonging to the Principal or Users, We will not be liable under this provision if:
13.4.1 We have informed the Principal of the problem and provided a free update designed to fix it, but the Principal have not applied the update; or
13.4.2 The damage has been caused by the Principal and/or User’s own failure to follow Our instructions; or
13.4.3 The Principal and/or User’s device does not meet any relevant minimum system requirements that We have made the Principal aware of before the Principal purchased the Principal’s Subscription.
  • 13.5 Notwithstanding the foregoing, the Principal must acknowledge and agree, that We shall to the greatest extend permitted by law not be responsible or liable to the Principal or any Users for any indirect, direct, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to Our Site and the Paid Content.
  • 13.6 Our maximum total aggregate liability and the Principal’s sole and exclusive remedy, for all damages, losses suffered by the Principal and/or the Users and causes of action, whether in contract, tort (including without limitation, negligence) or otherwise, shall be equal to the price of the Subscription or Single Program Access paid by the Principal.
  • 13.7 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

14. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page.

15. Complaints and Feedback

We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that the Principal’s experience as a customer of Ours is a positive one, We nevertheless want to hear from the Principal if the Principal have any cause for complaint.

16. How We Use The Principal Personal Information (Data Protection)

We will only use personal information as set out in Our Privacy Policy, available from our privacy page.

17. Other Important Terms

  • 17.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). The Principal’s rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
  • 17.2 The Principal may not transfer (assign) its obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
  • 17.3 The Contract is between the Principal and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
  • 17.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
  • 17.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
  • 17.6 We may revise these Terms of Sale from time to time, including but not limited to in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to the Principal Subscription, We will give reasonable advance notice of the changes.

18. Law and Jurisdiction

  • 18.1 These Terms of Sale, and the relationship between the Principal and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  • 18.2 Any disputes concerning these Terms of Sale, the relationship between the Principal and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.

Term of Use and Acceptable Usage Policy

Background

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, academy.solvaa.com (“Our Site”) and the Content.  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site and/or the Content.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site and the Content immediately.

1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account”
 means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer including but not limited to Paid Content that appears on, are delivered via or forms part of, Our Site;
“Paid Content” means the digital content including but not limited to courses, e-learning materials, seminars and online educational programmes made available for access by Subscription or by Single Program Access shall form part of the Content;
“User” means a user of Our Site and/or the Content;
“User Content” means any content submitted to Our Site by Users including, but not limited to comments or reviews from Users and submissions to chat forums; and
“We/Us/Our” means Cloud Your Business Pro Limited t/a Solvaa Automation Academy.

2. Information About Us

  • 2.1 Our Site, www.academy.solvaa.com, is owned and operated by Cloud Your Business Pro Limited t/a Solvaa Automation Academy, a limited company registered in England and Wales under company number 10856404, whose registered address is at Amelia house, Crescent road, Worthing, BN11 1QR, United Kingdom.
  • 2.2 Our VAT number is 397 0304 87.

3. Access to Our Site

  • 3.1 Access to Our Site is free of charge.
  • 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
  • 3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site and/or the Content (or any part of it) is unavailable at any time and for any period.

4. Accounts

  • 4.1 Certain parts of Our Site (including the ability to purchase and/or use Paid Content from Us) may require an Account in order to access them.
  • 4.2 You may not create an Account if you are under 18 years of age.
  • 4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
  • 4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.
  • 4.5 You must not use anyone else’s Account.
  • 4.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
  • 4.7 If you wish to close your Account, you may do so at any time. Closing your Account will subject to Clause 13 result in the removal of your information. Closing your Account will also remove access to any areas of Our Site and/or the Content requiring an Account for access.

5. Intellectual Property Rights

  • 5.1 With the exception of User Content (see Clause 6), allContent included on Our Site and in the Content and the copyright and other intellectual property rights subsisting in the Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
  • 5.2 Subject to sub-Clauses 5.3 and 5.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
  • 5.3 You may:
5.3.1 Access, view and use Our Site and the Content in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download any Content where We have provided a link enabling you to do so;
5.3.3 Download Our Site (or any part of it) for caching;
5.3.4 Print one copy of any page(s) from Our Site;
5.3.5 Download extracts from pages on Our Site; and
5.3.6 Save pages from Our Site for later and/or offline viewing.
  • 5.4 Our status as the owner and author of the Content (or that of identified licensors, as appropriate) must always be acknowledged.
  • 5.5 You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
  • 5.6 Nothing in these Terms of Use limits or excludes the fair dealing provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

6. User Content

  • 6.1 User Content on Our Site includes (but is not necessarily limited to) comments and questions relating to courses, seminars, study programs and tests.
  • 6.2 An Account is required for the submission of User Content. Please refer to Clause 4 for more information.
  • 6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
  • 6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
  • 6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site and the Content. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
  • 6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted, if and when technically possible. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
  • 6.7 We may reject, reclassify, or remove any User Content from Our Site and the Content where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7. Links to Our Site

  • 7.1 You may link to Our Site provided that:
    7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any intellectual property including but not limited to copyrights, logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  • 7.2 You may not link to any page other than the homepage of Our Site, www.academy.solvaa.com. Deep-linking to other pages and/or specific parts of the Content requires Our express written permission. Please contact Us for further information.
  • 7.3 Framing or embedding of Our Site and/or specific parts of the Content on other websites is not permitted without Our express written permission. Please contact Us for further information.
  • 7.4 You may not link to Our Site from any other site the main content of which contains material that:
7.4.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.2 promotes violence;
7.4.3 promotes or assists in any form of unlawful activity;
7.4.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
7.4.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.6 is calculated or is otherwise likely to deceive another person;
7.4.7 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
7.4.9 implies any form of affiliation with Us where none exists;
7.4.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8. Links to Other Sites

Links to other sites may be included on Our Site and/or in the Content. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site and/or in the Content is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers

  • 9.1 Nothing on Our Site and in the Content constitutes advice on which you should rely. It is provided for educational and general information purposes only.
  • 9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site and/or the Content will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  • 9.3 We make reasonable efforts to ensure that the Content and Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
  • 9.4 We are not responsible for the accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10. Our Liability

  • 10.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site and/or the use of or reliance upon the Content (including User Content).
  • 10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site and/or the Content.
  • 10.3 If you are a professional and/or business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  • 10.4 We exercise all reasonable skill and care to ensure that Our Site and the Content is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) and/or the Content or any other site referred to on Our Site or in the Content.
  • 10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site and/or the Content resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  • 10.6 Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11. Viruses, Malware and Security

  • 11.1 We exercise all reasonable skill and care to ensure that Our Site and the Content is secure and free from viruses and other malware.
  • 11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  • 11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site and the Content.
  • 11.4 You must not attempt to gain unauthorised access to any part of Our Site and/or the Content, the server on which Our Site and/or the Content is stored, or any other server, computer, or database connected to Our Site and/or the Content.
  • 11.5 You must not attack Our Site and/or the Content by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  • 11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site and the Content will cease immediately in the event of such a breach.

12. Acceptable Usage Policy

  • 12.1 You may only use Our Site and the Content in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Site and/or the Content in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Site and/or the Content to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site and/or the Content in any way, or for any purpose, that is intended to harm any person or persons in any way.
  • 12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive; 12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  • 12.3 We reserve the right to suspend or terminate your access to Our Site and the Content if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site and/or the Content;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
  • 12.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

13. Privacy and Cookies

Use of Our Site and the Content is also governed by Our Privacy Policy, available on our privacy page. This policy is incorporated into these Terms of Use by this reference.

14. Changes to these Terms of Use

  • 14.1 We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site and/or the Content after the changes have been implemented. You are therefore advised to check this page from time to time.
  • 14.2 In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

15. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page.

16. Complaints and Feedback

16.1 If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an un-subscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

17. Data Protection

We will only use your personal information as set out in Our Privacy Policy which is available on our privacy page.

18. Law and Jurisdiction

  • 18.1 These Terms of Sale, and the relationship between the Principal and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
  • 18.2 Any disputes concerning these Terms of Sale, the relationship between the Principal and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
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