This document sets out the terms upon which you can buy products and services from us.
Before you can purchase anything from us, you must first be registered. Your registration is subject to our Registration Terms and when you register, you accept that all purchases you might make will be subject to these Purchase Terms.
In these Purchase Terms, when we use the words “we”, “us” or “our”, we are referring to Edgeofmyseat Ltd, a company registered in England and Wales under company number 04735127. Sometimes you may see us using the trading name Edgeofmyseat.com. Our registered office is at Spike Island, 133 Cumberland Road, Bristol, BS1 6UX, England.
When we use words like “you” or “your”, it’s to you, the individual (or the company on whose behalf you are acting) that is purchasing products and/or services from us, that we refer.
These terms deal with your purchase of training courses from us. Materials are purchased for the use of an individual only. If we make available a company license to you, we would create accounts for each person entitled to access the material.
It makes things a lot easier if we define at the outset what certain words will mean when we use them in these terms and conditions. That means, for the words listed below, from this point on when you see them used in this document With Apparently Inappropriate Use of Capital Letters, the words will have the meanings you see here.
Course: the specific course you have purchased through Our Website.
Account Centre: means the facility on our Website through which you can deal with administrative changes to your relationship with us.
Intellectual Property Rights: all those intangible things that can be owned and controlled but are not physical. This includes things like copyright, trade marks, domain names, database right and a host of other Intellectual Property Rights, wherever they might take effect in the world. It covers all such Intellectual Property Rights, whether they are registered or not, and whether they exist at the date upon which you purchase a licence to use Our Course or come into existence some time later. This term also includes applications for registered Intellectual Property Rights that are pending as of now and Intellectual Property Rights whose term of protection has been renewed or extended somehow.
Support: means support that we provide.
Third Party Software: means software used with Our Course, the Intellectual Property Rights within which are owned by third parties.
Website: our website, which is hosted at an IP address corresponding to http://thecssworkshop.com.
When you see the words “includes” or “including” used in these Conditions, it means without limitation to what then follows, which is really an example.
You can take it that when we refer to legislation, we are also referring to all subordinate legislation (rules and regulations) that are set down under or pursuant to that legislation. Those references also include instances where the original legislation we refer to is replaced by new legislation that does the job of the legislation we referenced.
When we refer to something being “in writing” or “written”, this includes emails or other forms of electronic communication, including messages sent to your account or notifications sent to you via any mobile application that you might be using.
When you purchase a course, you will pay the Licence Fee to us. In return, once we receive the Licence Fee from you, we will grant to you a right to access and use the course materials as an individual.
No contractual support is offered. Further information relating to support and other useful sources of assistance may be found on the Website, however such support and assistance is not provided under contract and no warranty under these Purchase Terms is given as to its accuracy or quality.
Access to the course
We will use reasonable endeavours to keep downtime to a minimum but we give no warranties about this. Where you are making use of our subscription services we will achieve a target service availability of not less than 99.5%, excluding planned interruptions. From time to time we will carry out maintenance on our services (including the server on which they are hosted) and this may involve taking services down for a short time time. We will aim to give you at least three days’ notice of any planned interruptions, but reserve the right to make interruptions on short notice in order to fix urgent, significant problems.
In placing an order, you confirm that you are at least 18 years of age and that there is no other reason why you might be incapable of entering into legally binding contracts.
To complete your purchase you must provide us with all the information that we require, including your full name and email address. From time to time, we may also need your phone number, billing and delivery addresses and other information. You will also need a valid credit or debit card issued by a bank that we recognise.
Our Website (and the process of making sales to you) is designed to operate under United Kingdom law. However, the law where you are (if you are not in the UK) may be different.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined and it is your responsibility to make yourself aware of such laws and regulations. We will not be liable for any breach by you of any such laws, whether arising from your purchase of our products or in any other way connected with us.
If you are purchasing as a consumer (that is, for your own private use and you do not work in the industry), please be aware that the Distance Selling Regulations will not apply to your purchase and so you will have no right to cancel your purchase save as provided for within these Purchase Terms. This is because you will have access to the Services as soon as practicable after we receive payment from you of the Fees. However, this does not affect any other protection you may have as a consumer apart from those regulations.
Term & Termination
Your right to make use of the Services in accordance with these Purchase Terms starts as soon as practicable after we receive payment of the Fees from you and continues indefinitely unless terminated in accordance with this clause. When we receive the Fees from you, we will let you know via a notification to your user account.
We may, at our discretion, suspend or terminate your subscription to our services on written notice with immediate effect if:
- You are in material and persistent breach of your obligations under these Purchase Terms or any other applicable terms and conditions (including paying our fees as and when they are due) and either that breach cannot be fixed or if it can, you have failed to put things right within 14 days of us notifying you that you are in breach; or
- You breach any of the warranties (those are the various statements about a variety of things that you have made in these Purchase Terms, which you confirm as being true and accurate) you have given under these Purchase Terms.
The Services are provided on an “as is” and an “as available” basis. We do not warrant that use of the Services will be uninterrupted or error-free. You hereby acknowledge and agree that any errors that occur or bugs that you find shall not constitute a breach of these Purchase Terms. You also acknowledge and agree that we shall not be responsible to correct any such errors or bugs.
WE EXCLUDE ALL LIABILITY FOR PROBLEMS CAUSED BY THE INTERACTION BETWEEN THE SERVICES AND ANY HARDWARE, SYSTEMS, NETWORKS OR DATA. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE; OR ANY LOSS OF PROFITS, TURNOVER, DATA, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS OR DAMAGE TO GOODWILL (WHETHER DIRECT OR INDIRECT).
OUR LIABILITY TO YOU IN RESPECT OF ALL OTHER CLAIMS, LOSSES OR DAMAGES, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER OR IN CONNECTION WITH THESE PURCHASE TERMS SHALL IN NO EVENT EXCEED THE FEES YOU HAVE PAID FOR THE PURCHASE THAT HAS GIVEN RISE TO THE LIABILITY IN QUESTION IN THE CALENDAR YEAR IMMEDIATELY PRIOR TO AND TERMINATING ON THE EVENT GIVING RISE TO THE LIABILITY.
We offer no warranties or guarantees concerning the performance of the Services and any representations given by us, whether about the Services or anything else, are excluded save where they are repeated in these Purchase Terms. You confirm that you have not relied upon any warranties or guarantees in entering into any contract based upon these Purchase Terms save for those that are set out within these terms.
Nothing in these Purchase Terms should be interpreted so as to act in any way to limit or exclude our liability for death or personal injury arising from our negligence or for fraud or fraudulent misrepresentation.
Intellectual Property Rights
We warrant that your use of the Services in accordance with these Purchase Terms will not infringe the Intellectual Property Rights of any third party.
We will indemnify you against any loss, damage or expense that you suffer should we breach our warranty concerning the infringement of third party Intellectual Property Rights arising from the use of the Services providing that you notify us of any such actual or alleged infringement within 3 working days of your becoming aware of the same. This indemnity is also given on the basis that you will, should we so request, allow us to conduct all negotiations and litigation and that you will provide us with all reasonable assistance that we might request and that you will not attempt to compromise or settle any such infringement allegation.
We may, at our expense, modify or replace Services in order to avoid the infringement of third party Intellectual Property Rights or we may terminate your subscription to the Services in order to prevent further infringements occurring. Should we terminate your contract in respect of a Service, we will refund the Fees you have paid for any period during which you will be unable to use that Service.
You will notify us as soon as possible should you become aware that any third party is infringing our Intellectual Property Rights.
We will not be liable to you for any failure on our part for reasons that are beyond our reasonable control. Should something go wrong that is beyond our reasonable control, we promise to do our best to try to put it right or find a work-around as quickly as reasonably practicable.
We are satisfied that the use of our Products and Services by yourself or your clients will comply with English law. You will ensure that when making use of the Products and Services, you (and your clients) will comply with all applicable laws and regulations whether under English law or the law of your (or your client’s) own jurisdiction, wherever that happens to be. We will not be liable should you (or your clients) fail, whether directly or indirectly, deliberately or accidentally, to comply with those laws and regulations and you will indemnify us for any loss or expense we incur as a result of dealing with any investigations, claims or other regulatory or civil action that occurs as a result of that failure.
You (our customer) and we (Edgeofmyseat Limited) are independent businesses and we are not operating in partnership or in any kind of principal/agent or employer/employee relationship, nor in any other relationship of trust to each other.
In order to have the effect intended for them, some of the provisions of these Purchase Terms will survive the termination of our contract with you, however that might come about.
The unenforceability of any part of these Purchase Terms will not affect the enforceability of any other part.
Just because we do not insist on your compliance with any one or more of your obligations under these Purchase Terms does not mean that we waive our right to insist on that compliance at some later date.
There may be occasions when the law requires information that we give you or communications you wish to send us have to be in writing. Where that is the case, you agree that such communications and information may be transmitted electronically. Nevertheless, if you wish to write to us in hard copy, you may address your letter to the registered office address given at the top of these Purchase Terms. For the purpose of these Purchase Terms, you may deem that we have received that letter seven days after the date you have posted it (to give us the chance to collect it). We may send notices to any address, electronic or street, that you have provided to us in creating your account on the Website or by sending notifications to your account.
You recognise that your breach (or threatened breach) of these Purchase Terms may cause irreparable harm to us and that in such a situation, we are entitled to seek an injunction or other equitable relief to prevent that breach or further occurrences of that breach in future.
With regard to any indemnity given by you to us or us to you under these Purchase Terms, the party with the benefit of that indemnity will take all reasonable steps to reduce or mitigate the loss covered by that indemnity.
No person who is not a party to these Purchase Terms shall have any rights under the Contracts (Rights of Third parties) Act 1999 to rely upon or enforce any of the provisions of these Conditions. However, this does not affect any right or remedy of the third party that exists or is available apart from that Act.
From time to time, the provision of new functionality or the removal of old functionality, the development of new products, changes to our business model or all manner of other things may require us to make changes to these Purchase Terms. Where the need arises, we will alert you to the terms of the new Purchase Terms as soon as possible and no later than 28 days before the new Purchase Terms come into force. Should you make further purchases once the new Purchase Terms come into force, you will be deemed to have accepted the new Purchase Terms.
Just to be clear, any new Purchase Terms that we adopt will not narrow the rights granted to you under the Licence Terms nor will we be entitled to charge any additional Licence Fee in respect of those rights.
These Purchase Terms are governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English Courts.