Guided E-Learning Community Portal – Terms and Conditions of Use
These terms and conditions cover your use of the Guided E-Learning Community Portal (the “Portal”). The Portal is operated by Guided e-Learning Ltd (“GeL“, “we“, “us“), a company registered in England and Wales with company number 05843373 and registered address 2nd Floor 32 Brixton Road, London, SW9 6BU.
You should review all of these terms and conditions carefully.
1. By using the Portal you accept these Terms and Conditions of Use.
1.2 We may at any time and without prior notice to you replace or amend these terms and conditions. Your continued use of the Portal after amendments are made means you accept the terms and conditions as updated. Therefore, please visit this page regularly to review these terms and conditions.
1.3 You may not alter the Portal (or any content or information contained on the Portal) in any way or do anything that might or will damage or disrupt the good working order of the Portal.
2. Age restrictions
The Portal is not designed to be used by children under the age of 12. By using the Portal, you affirm that you are 12 years or older.
In addition to the above, as some of the content made available on the Portal may be user generated, the content may not be suitable for minors. If you are a minor, you should consult your parents and obtain their consent for your use of the Portal. You may not use the Portal without a consent from your parents.
3. Registration and Termination
3.1 When you register, you may be required to pay for a study package to access the Portal (a “Package“). This depends upon the nature of the arrangement with your school. If you are required to purchase a Package directly via the Portal, our Purchase Terms will apply. If you purchased a product via your school or other third party, the purchase terms of that school or third party will govern your payment and your contractual relationship with the school or third party. However, you are still required to comply with these terms and conditions when you use the Portal.
3.2 Where we refer to “products”, we mean any of the Packages, services and/or digital content that we provide to you through the Portal.
3.3 We rely upon the details you provide at registration, so please take time to ensure these are accurate and complete. You must notify us as soon as possible of any changes to your registration information. Please email: email@example.com.
3.4 Upon confirmation of your registration, you will be given an account. You agree to keep your log-in information confidential, and will not allow anyone else to use your personal log-in details. If you have reason to suspect that anyone has access to your details, please let us know as soon as possible.
3.5 We reserve the right to suspend your access to the Portal if we reasonably believe that you have breached these terms and conditions. We will provide you with notice of such suspension.
4. The Portal Offerings
4.1 Subject to registration, we will provide you with access to the Portal. The Portal includes, but is not limited to the website, the electronic mail management service, on-screen content, user configuration facilities, functions, directory services and any other internet and telecommunications services provided by us from time to time. We reserve the right to update the offerings on the Portal from time to time.
4.2 Where you interact with third parties via the Portal, those interactions are solely between you and the third party. Should any dispute arise between you, we will provide reasonable assistance to help you resolve the matter, but we will neither be liable to you, nor the third party.
4.3 You may from time to time wish to purchase products, services and/or digital content (including Packages) through the Portal. If you make a purchase through the Portal, our Purchase Terms will apply.
4.4 From time to time we allow third parties (for example, your school) to offer goods and/or services for sale through the Portal. Please note that we will not be responsible for any purchases of goods and/or services from third parties. If any issues arise with these goods and/or services, you should get in contact with the third party in question.
4.5 We do not guarantee that our Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.6 We may change our offerings:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
4.7 We may update or require you to update any digital content purchased from us, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5. Use of the Portal from outside the UK
Whilst we welcome all visitors to the Portal, we cannot guarantee that the Portal is appropriate or available for use in any territory. Those who visit the Portal from outside the UK are responsible for complying with all applicable laws. If use of the Portal breaches any law in your jurisdiction(s), please exit immediately and notify firstname.lastname@example.org.
6. Acceptable Use Restrictions
6.1 You must:
(a) not use the Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms and conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Portal or any operating system;
(b) not use the Portal in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(c) not collect or harvest any information or data from the Portal or our systems or attempt to decipher any transmissions to or from the servers running the Portal;
(d) not infringe our intellectual property rights or those of any third party in relation to the use of the Portal, including the submission of any content; and
(e) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to the use of the Portal.
6.2 You must not misuse our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We reserve the right to report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Portal will cease immediately.
7.1 Whilst we aim to provide you with accurate information on the Portal, we are unable to guarantee, represent or warrant that the information and content contained on the Portal is accurate, verified, up to date or complete.
7.2 We accept no liability if you or any person or organisation relies on or uses the information and/or content.
8. Personal information
9. Intellectual property and use of the Portal
9.1 The Portal, the technology used by the Portal and any content offered through the Portal, is owned by us or third parties.The Portal is protected by international copyright laws and treaties around the world. All such rights are reserved.
9.2 When you use the Portal, you must:
(a) not make alterations to, or modifications of, the whole or any part of the Portal, or permit the Portal or any part of it to be combined with, or become incorporated in, any other programs, website(s) and/or materials;
(b) not disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Portal or attempt to do any such thing except to the extent that (by virtue of section 296ZA of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Portal with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Portal with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the Portal;
(c) not provide or otherwise make available the Portal in whole or in part (including object and source code), in any form to any person without prior written consent from us.
9.3 Please note that in no circumstances may you copy any content, including but not limited to graphics, trade marks, logos, designs, images or photographs from the Portal, except with our prior written consent.
9.4 Your access to the content is personal and you may only use content from the Portal for non-commercial, educational purposes.
9.5 Please send your written requests to use content from the Portal to email@example.com.
10. Uploading content
10.2 You must not:
(a) post or upload any User Content or use the Portal in a way that breaches any law;
(c) post or upload any User Content or use the Portal in a way that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that is likely to bring the Portal or GeL into disrepute;
(d) contribute User Content that will infringe another organisation’s or person’s rights (including intellectual property rights and rights of privacy). You agree that you have all the necessary rights and permissions to contribute the User Content you submit to the Portal;
10.3 We may moderate and review any User Content that is submitted to be posted or is automatically posted/uploaded to the Portal. However, we accept no responsibility for any User Content and reserve the right to remove/edit any User Content at any time.
10.4 You are wholly responsible for all User Content posted by you on the Portal (including but not limited to emails sent by you in connection with the Portal).
10.5 Any content you upload to our Portal will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of the Portal a non-exclusive perpetual licence to use, store and copy that content and to distribute and make it available to third parties.
10.6 You will compensate us against all losses, damages, proceedings, actions, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis) expenses and any other losses or liabilities arising from your posting of User Content to or use of the Portal or your breach of these terms and conditions.
10.7 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Portal. We also have the right to disclose your identity to any third party if we reasonably believe their claim that any content posted or uploaded by you to our Portal constitutes a violation of their intellectual property rights, or of their right to privacy.
10.8 We have the right to remove any posting you make on our Portal if, in our opinion, your post does not comply with the content standards set out above.
11. Linked sites
We make no representations whatsoever about any other websites and portals. When you access any other website or portal through the Portal you understand that it is independent from us and that we have no control over that website or portal and can accept no responsibility in relation to its content, availability of that website or portal, the services offered through it, or the way you interact with it.
12. Linking to the Portal
You may link to any part of this Portal provided you ensure that by doing so you breach no law or rights of others, and that the linking to this Portal does not suggest any association, patronage, approval or endorsement, except with our prior written consent.
13.1 We cannot guarantee that the Portal will be uninterrupted or error free, or that the Portal or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your computer and computer system is suitable to use, and compatible with, the Portal.
13.2 It is your responsibility to ensure that your computer system (including, but not limited to, your hardware, software and data) is not damaged by your use of the Portal.We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Portal or to your downloading of any content on it, or on any Portal linked to it.
13.3 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation), we are not legally responsible for:
(a) losses that were not foreseeable to you and us when the contract was formed;
(b) losses that were not caused by any breach on our part;
(c) business losses; and
(d) losses to non-consumers.
13.4 We do not guarantee that our Portal will be secure or free from bugs or viruses.
13.5 You are responsible for configuring your information technology, computer program and platform in order to access our Portal. You should use your own virus protection software.
14.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.3 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.
14.4 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.
14.5 We may transfer our rights and obligations under these terms to another organisation.
14.6 English law and the jurisdiction of the English Courts will apply to these terms and conditions, save where you live in any other part of the United Kingdom, in which case the law and courts of that place shall apply.1. Our contract with you
1.1 These Purchase Terms apply to any digital content and services (including Packages, as defined in our website terms and conditions) purchased directly via the Portal (“Products” and each a “Product“), in addition our website terms and conditions of use.
1.2 If you purchased any products, services or study packages from your school or other third party, you should refer to the relevant payment terms of that school and/or third party for the details of the terms governing your contract with them.
1.3 Please read these Purchase Terms, together with our website terms and conditions of use carefully before you submit your order to us. These Purchase Terms tell you how we will provide our Products to you, how you and we may change or end the contract, what to do if there is a problem, the extent of our liability to you and other important information. If you think that there is a mistake in these Purchase Terms or require any changes, please contact us to discuss.
1.4 Our acceptance of your purchase order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.5 If we are unable to accept your order, we will inform you of this and will not charge you for the Product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to meet a delivery deadline you have specified.
1.6 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
2. Your rights to make changes
2.1 If you wish to make a change to your order please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the order, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
3. Providing the products
3.1 During the order process we will let you know when we will provide the Products to you.
3.2 If our supply of the Products 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 you have paid for but not received.
3.3 We may need certain information from you so that we can supply the products to you, for example, the registration information. If so, this will have been stated in the description of the Products on the Portal. 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 either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. 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.
3.4 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;
(c) make changes to the Product as requested by you or notified by us to you.
3.5 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. If we have to suspend the Product for a period longer than 24 hours, we will extend the contract period by the period of suspension at no additional cost to you.
4. Your rights to end the contract
4.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 4.2;
(b) If you have just changed your mind about the Product, see clause 4.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(c) In all other cases (if we are not at fault and there is no right to change your mind), see clause 4.6.
4.2 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 and you may also be entitled to compensation. 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 30 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
4.3 For most Products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days (“cooling off period“) and receive a refund.
4.4 You do not have a right to change your mind in respect of:
(a) digital products after you have started to download or stream these; or
(b) services (including Packages), once these have been completed, even if the cancellation period is still running.
4.5 How long you have to change your mind depends on what you have ordered and how it is delivered:
(a) Purchased services (including Packages)? 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, for example you have completed an extra tutorial, you cannot change your mind, even if the period is still running. If you cancel after we have started the services, and you have requested the services to be provided before the end of the cooling off period,we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
(b) Purchased digital content for download or streaming? 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.
4.6 We will refund you the price you paid for the Products, by the method you used for payment.
4.7 We will make any refunds due to you as soon as possible, and in any event within 14 days of your telling us you have changed your mind.
5. How to end the contract with us (including if you have changed your mind)
5.1 To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Write to us at 2nd Floor 32 Brixton Road, London, SW9 6BU, including details of what you bought, when you ordered or received it and your name and address.
6. Our rights to end the contract
6.1 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 10 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, for example, your availability for extra tutorials; or
(c) you breach any of the other website terms and conditions.
6.2 If we end the contract in the situations set out in clause 6.1 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.
6.3 We may write to you to let you know that we are going to stop providing the Product. We will let you know at least 10 days 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.
7. If there is a problem with the product
7.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team write to us at email@example.com.
We are under a legal duty to supply Products that are in conformity with this contract. See the box at the end of these terms for a summary of your key legal rights in relation to the Product. Nothing in these terms will affect your 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. If your product is digital content, for example online tutorial materials, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
– if your digital content is faulty, you’re entitled to a repair or a replacement.
– 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
– 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 4.3)
If your product is services, for example extra tutorial services, the Consumer Rights Act 2015 says:
– 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.
– if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
– if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
Note that these rights only apply if you are resident in the European Economic Area. However, for the sake of simplicity, we have decided to treat all sales of products the same, regardless of your residency.