(a) the website at www.infinitumeducation.com (the Website); and
(b) the materials, services and digital content provided through the Website or otherwise by us,
together, the Infinitum Education Products.
1.2 Why you should read them. Please read these terms carefully before using the Infinitum Education Products. These terms tell you: who we are; what we do; how we will provide the Infinitum Education Products to you; how you and we may change or end the contract between us; what to do if there is a problem; and other important information.
2.1 Who we are. We are Infinitum Education Limited (we, us, our or Infinitum Education) a company registered in England and Wales. Our company registration number is 10609324 and our registered office is at Kemp House, 160 City Road, London, London, United Kingdom, EC1V 2NX.
2.2 Our products. Through the Infinitum Education Products we provide educational programmes, courses and digital content.
3.1 How to contact us. To contact us, including to make a complaint about the Infinitum Education Products, please write to us at firstname.lastname@example.org. If your complaint is about how we store or process your personal information, you can also contact the Information Commissioner’s Office, although we would appreciate the opportunity to resolve your concern directly first.
3.2 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.
3.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
4.2 In the event of any conflict between the Terms, the documents will prevail in the following order of priority:-
(a) Any other specific terms which govern and are applicable to an Infinitum Education Product.
(c) These terms.
4.3 Acceptance of your order or application (where a selection process DOES NOT apply). Our acceptance of your order or application for any Infinitum Education Product where a selection process does not apply will take place when we email you to either confirm your order or application, at which point a contract will come into existence between you and us, and the Terms will form a legally binding agreement between us and you in relation to the relevant Infinitum Education Product. In the event that we are unable to accept your order or application for any Infinitum Education Product, we will inform you of this and will not charge you for the relevant product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the relevant Infinitum Education Product(s), because we are unable to meet a deadline you have specified or because we have not chosen you as a successful applicant (see clause 4.5).
4.4 Acceptance of your order or application (where a selection process DOES apply). For any Infinitum Education Product where a selection process does apply, we may notify you that we have chosen you as a successful applicant and make an offer to you in respect of your order or application (which is at our sole discretion – see clause 4.5). Your acceptance of this offer will take place when you email us (or otherwise notify us in writing) to confirm that you accept the offer, at which point a contract will come into existence between you and us, and the Terms will form a legally binding agreement between us and you in relation to the relevant Infinitum Education Product. Unless stated otherwise by any other specific terms which govern and are applicable to the relevant Infinitum Education Product, any offer made by us under this clause 4.4 will lapse after 3 calendar days (72 hours) (the Offer Validity Period). At the end of the Offer Validity Period the offer is revoked, unless we (in our sole discretion) decide to extend the Offer Validity Period.
4.5 Our choice to accept or decline applicants. If an Infinitum Education Product requires you to make an application, we may choose (in our sole discretion) which applications are successful. We may accept or decline any application for any reason. We are under no obligation to disclose or discuss such reasons to you or to any of your representatives or agents. If we do not choose you as a successful applicant, we will not have accepted your application or order under clause 4.3, or made an offer to you under clause 4.4, and no contract will come into existence between you and us in relation to the relevant Infinitum Education Product.
4.6 Your order number. If applicable, and at our sole discretion, we will assign an order number to your order and will tell you what it is when we accept your order. If such a number has been assigned, it will help us if you can tell us the order number whenever you contact us about your order.
4.7 Making changes to your order. If you wish to make a change to the Infinitum Education Product(s) you have ordered or applied for, please contact us at email@example.com. 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 relevant Infinitum Education Product(s), 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 (see clause 11). All changes, and decisions about pricing as a result of such changes, will be at our sole discretion.
4.8 Minimum age to use the Infinitum Education Products. The Infinitum Education Products are directed to consumers that are at least 8 years old. By using any element of the Website, or ordering any other Infinitum Education Product, you confirm warrant and represent that you are at least 8 years old and that, if you are younger than 18 years old, you have obtained parental or other suitable consent. If you are not at least 18 years old or do not have parental or other suitable consent, you must not use or order any element of any Infinitum Education Product.
5.1 We are the owner or the licensee of all intellectual property rights in materials published on or through the Infinitum Education Products, which includes the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2 Limited right to print off, download, etc. You may print off one copy, and may download extracts, of any page(s) from our Website or otherwise provided to you through the Infinitum Education Products for your personal use.
5.3 No right to modify. You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Infinitum Education Products in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics from the Infinitum Education Products separately from any accompanying text.
5.4 Acknowledgement of our status as authors or licensees. Our status (and that of any identified contributors) as the authors or licensees of content on our Website or otherwise provided to you through the Infinitum Education Products must always be acknowledged.
5.5 No right to use content for commercial purposes. You must not use any part of the content on our Website or content otherwise provided to you through the Infinitum Education Products for commercial purposes without obtaining a licence to do so from us or our licensors.
5.6 Consequences of breach of clauses 5.2 to 5.5. If you breach any of these terms, your right to use the Infinitum Education Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.7 Linking to our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
5.8 We are not responsible for websites we link to. Where the Infinitum Education Products contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
5.9 We are not responsible for viruses and you must not introduce them. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
5.10 You must not:
(a) misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
(b) attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website;
(c) use any robot, spider, scraper, deep link or other data gathering or extraction tool, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of it;
(d) use or attempt to use any engine, software, tool, agent or other device to navigate or search the Website, other than search engines and search agents available through the Website or through generally available third party web browsers;
(e) attack our Website via a denial-of-service attack or a distributed denial-of service attack; or
(f) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way contributing to, the Infinitum Education Products (including the Website),
and by breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Infinitum Education Products (including the Website) will cease immediately.
5.11 Your responsibility for access by third parties. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
6.1 You may not use any Infinitum Education Product:
(a) In any way that breaches any applicable local, national or international law or regulation.
(b) In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
(c) For the purpose of harming or attempting to harm minors in any way.
(d) To bully, insult, intimidate or humiliate any person.
(e) To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (defined below).
(f) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(g) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(h) To upload terrorist content.
(i) If you have been convicted of any crime in any jurisdiction by any competent court of law.
6.2 You must comply with our Content Standards. The content standards below (Content Standards) apply to any and all material which you contribute to any Infinitum Education Product (Contribution), and to any interactive services associated with such. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
6.3 A Contribution must:
(a) Be accurate (where it states facts).
(b) Be genuinely held (where it states opinions).
(c) Comply with the law applicable in England and Wales and in any country from which it is posted.
6.4 A Contribution must not:
(a) Be defamatory of any person, including us.
(b) Be obscene, offensive, hateful or inflammatory.
(c) Bully, insult, intimidate or humiliate.
(d) Promote sexually explicit material.
(e) Include child sexual abuse material.
(f) Promote violence.
(g) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(h) Infringe any copyright, database right or trade mark of any other person.
(i) Be likely to deceive any person.
(j) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(k) Promote any illegal content or activity.
(l) Be in contempt of court.
(m) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
(n) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(o) Impersonate any person or misrepresent your identity or affiliation with any person.
(p) Give the impression that the Contribution emanates from Infinitum Education if this is not the case.
(q) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
(r) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
6.5 For the avoidance of doubt, for any Contribution in the form of video content:
(a) You must not upload a video containing harmful material (which for the avoidance of doubt includes that material further detailed at clause 6.5(b)).
(b) You must tell us immediately, if you upload or otherwise experience a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated 18 or suitable for 18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
(c) You must not upload a video containing advertising for any of the following:
(i) cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
(ii) for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
6.6 You must not do anything which could or might bring our name or our products into disrepute.
6.7 When we consider that a breach of this clause 6 has occurred, we may take such action as we deem appropriate. Failure to comply with this clause 6 constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use any Infinitum Education Products.
(b) Us ending our contract with you.
(c) Immediate, temporary or permanent removal of any Contribution uploaded by you.
(d) Issue of a warning to you.
(e) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
(f) Further legal action against you.
(g) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.8 We exclude our liability for all action we may take in response to breaches of this clause 6. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
7.1 We may from time to time provide interactive services through the Infinitum Education Products, including, without limitation video-sharing facilities, chat rooms and bulletin boards (the Interactive Services). We will do our best to assess any possible risks for users from third parties when they use any Interactive Service, however, we are under no obligation to oversee, monitor or moderate any Interactive Service, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards, whether the service is moderated or not.
8.1 Where to find the price for the Infinitum Education Products. The price of the relevant product (which includes VAT) will be the price indicated on Website, or on the relevant order page or application form. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 8.3 for what happens if we discover an error or change in the price of an Infinitum Education Product.
8.2 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 a product to you, we will adjust the rate of VAT that you pay, unless you have already paid for the relevant product in full before the change in the rate of VAT takes effect.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of our products may be incorrectly priced or the price may need to change for reasons beyond our control. If the product’s correct price at your order or application date is higher than the price stated to you, we will contact you. If the price of a product needs to change for a reason beyond our control after a contract comes into existence between us, we will notify you and you may then contact us to end the contract before the change takes effect and receive a refund for any products paid for but not received. If your order or application is processed where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
8.4 When you must pay and how you must pay. You must pay by the time, and through the payment methods, indicated on the Website, or on the relevant order page, application form or offer letter (as applicable). Unless agreed otherwise by us in writing prior to a contract coming into existence between us, you must pay for services before we start providing them, and for digital content before you download it.
8.5 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.
8.6 What to do if you think any amount payable is wrong. If you think any amount we have asked you to pay 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.
9.1 Changes to the Terms. We may amend the Terms from time to time, and subject to the other provisions of this clause 9, you are deemed to accept and agree to be bound by any amendments to the Terms when you use the Website or order any element of the Infinitum Education Products after these amendments have been made. Every time you wish to use the Website or order any Infinitum Education Products, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 29 January 2022.
9.2 Changes to the Infinitum Education Products as advertised on our Website. Subject to the other provisions of this clause 9, we may update and change any element of the Infinitum Education Products offering as advertised on our Website, including suspending or withdrawing elements of the Infinitum Education Products, from time to time.
9.3 Minor changes to the Infinitum Education Products. We may change the Infinitum Education Products:
(a) to reflect changes in relevant laws and regulatory requirements in any jurisdiction;
(b) to implement minor technical adjustments and improvements, for example to address a security threat; and
(c) to incorporate any new features or improvements.
These changes will not affect your use of the relevant product.
9.4 Significant changes to the Infinitum Education Products. In addition, we may make major or significant changes to the Infinitum Education Products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
9.5 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.
9.6 We do not guarantee that any element of the Infinitum Education Products will always be available or be uninterrupted. We may terminate, suspend or withdraw or restrict the availability of all or any part of the Infinitum Education Products with immediate effect and at our complete discretion, including for business and operational reasons, but if we do so we will notify you and you may then contact us to end the contract and receive a refund for any products paid for but not received. We make no guarantee that the Website, or any Infinitum Education Product, will be free of errors or omissions.
10.1 Content of the Infinitum Education Products. Any description or content outline of the Infinitum Education Products provided on our Website, any application form or in any brochures, information or promotional materials is illustrative only. The actual content of any Infinitum Education Products will be determined at our sole discretion.
10.2 When we will provide the Infinitum Education Products to you. During the order or application process or in our offer letter to you (as applicable), we will let you know when we will provide the relevant products to you. In respect of any Infinitum Education Products, we may choose (in our sole discretion) to allocate participants to particular dates and times for the performance of the relevant products. We may choose to allocate you to a date or time which you did not express as a preference during your application, and our decision on such allocation is binding and final. If the products are digital content, we will also tell you during the order process or through the order confirmation email when and how this will be made available to you.
10.3 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 Infinitum Education Products to you (e.g. a valid email address, travel information). If so, this will have been stated in the description of the relevant product on our Website or on the relevant application form. If you do not provide this information when you submit your order, we will contact you in writing 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 inaccurate information, we may either end the contract (and clause 12.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We shall have no liability to you, whether in contract, tort (including negligence) or otherwise, for loss or damage suffered or incurred by you, whether directly or indirectly, as a result of any failure or delay in the supply of the Infinitum Education Products to you, if this failure or delay is caused by your failure or delay in giving us the complete and accurate information that we need in order to supply the Infinitum Education Products to you, within a reasonable time of us asking for it.
10.4 We are not responsible for delays outside our control. If our supply of any Infinitum Education Product(s) that you have ordered 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 Infinitum Education Product(s) you have paid for but not received.
10.5 You are responsible for your own travel requirements. If our supply to you of any Infinitum Education Product requires you to travel in order to receive such product, you are responsible for ensuring you have in place all valid requirements for such travel unless we have expressly stated or agreed with you otherwise, for example visa, passport or other required identity documentation, and any other evidence, documentation, permissions, authorisations, consents, licences or requirements for travel. We do not have knowledge of your personal circumstances and so cannot inform you of what requirements will apply to your travel.
10.6 What will happen if your systems and software are unable to support the Infinitum Education Products. If relevant, our Website or the relevant application form will clearly set out the software and systems (and version numbers of each) that are required to ensure compatibility with, and the smooth running of, the Infinitum Education Products (the Compatibility Requirements). It is your responsibility to ensure that you satisfy the Compatibility Requirements before purchasing the Infinitum Education Products. We shall have no liability to you, whether in contract, tort (including negligence) or otherwise, for loss or damage suffered or incurred by you, whether directly or indirectly, as a result of your failure to satisfy the Compatibility Requirements.
10.7 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;
(c) make changes to the product as requested by you or notified by us to you (see clause 4.7).
10.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 90 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
11.1 Your rights to end your contract with us. Your rights to 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 what you have bought is faulty or misdescribed you may have a legal right to end the contract (or seek another remedy), see clause 11.2;
(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 11.3; or
(c) if you have just changed your mind, see clauses 11.4 and 11.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to limitations and deductions.
11.2 We are under a legal duty to supply products that are in conformity with this contract. In particular:
(a) without prejudice to clause 13.1, 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. Subject to clause 14.2(c), if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation; and
(b) you can ask us to repeat a service if it is not carried out in conformity with these Terms, or get some money back if we are unable to do that.
11.3 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 in paragraphs (a) to (e) below the contract will end immediately and we will refund you in full if you have already paid for the relevant product. The reasons are:
(a) we have told you about an error in the price or description of the product and you do not wish to proceed;
(b) we have told you about a more significant upcoming change to the relevant product or these Terms which you do not agree to (see clause 9.4);
(c) there is a risk that supply of the relevant product may be significantly delayed because of events outside our control (see clause 10.4);
(d) we have notified you we are going to suspend supply of the relevant product for a period of more than 90 days (see clauses 10.7 and 10.8); or
(e) you have a legal right to end the contract because of something we have done wrong.
11.4 Changing your mind. Under the Consumer Contracts Regulations 2013 you have a legal right to change your mind about the Infinitum Education Products up to 14 days after the day on which the contract comes into existence under clause 4.3 or clause 4.4 as applicable (the Cancellation Period), subject to clauses 11.5 to 11.7.
11.5 If we send access to download the relevant digital content to you before the end of the Cancellation Period, having received your express consent for us to do so and your express acknowledgement that, through granting that consent, you will lose your right to cancel the contract, then you will not have a right to change your mind.
11.6 If we complete the relevant services before the end of the Cancellation Period, having received your express consent for us to do so and your express acknowledgement that, through granting that consent, you will lose your right to cancel the contract, then you will not have a right to change your mind. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.7 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
(a) passenger transport; and
(b) the supply of accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the contract provides for a specific date or period of performance.
11.8 Tell us you want to end the contract. To end the contract with us where you are entitled to do so, please let us know by writing to us at email@example.com. Please provide your name, details of the order (including the order number, if applicable) and, where available, your phone number and email address. You may wish to do this by completing, and emailing to us at firstname.lastname@example.org, the Model Cancellation Form in the Schedule.
11.9 How we will refund you, if applicable. If you are entitled to end your contract with us and you choose to do so, we will refund you the price you paid for the relevant product by the method you used for payment. We will make any refund due to you as soon as possible. If you are entitled to exercise your right to change your mind, and you choose to do so, then our refund will be made within 14 days of your telling us that you have changed your mind.
12.1 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 3 calendar days of the due date;
(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 (see clause 10.3); or
(c) you breach any other provision of these Terms, including but not limited to any breach of clause 5 or clause 6.
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 12.1 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.
12.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product (see clause 9.6).
13.1 We make no representations, warranties or guarantees, whether express or implied, that the content on our Website, or information otherwise provided through the Infinitum Education Products is accurate, complete or up to date or that it is kept up to date.
13.2 In providing the Infinitum Education Products, we rely on:
(a) the accuracy of third party data; and
(b) the satisfactory performance of:
(i) third party software and systems;
(ii) our, and your, Internet connection and system capabilities; and
(iii) our own bespoke software and systems,
together, the Dependencies.
13.3 Without prejudice to clause 14 below, we shall have no liability to you, whether in contract, tort (including negligence) or otherwise, for loss or damage suffered or incurred by you, whether directly or indirectly, as a result of the failure of any of the Dependencies.
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 and for fraud or fraudulent misrepresentation.
14.2 In respect of our liability to you:
(a) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen;
(b) we only provide the Infinitum Education Products to you for domestic and private use. You agree not to use the Infinitum Education Products for any commercial or business purposes, and we have no liability to you for: (i) loss of income, profits, sales, business, revenue or data; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage of any kind, in each case that arises in whole or part from your breach of this paragraph (b); and
(c) if defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under the Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 10 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the 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.
16.5 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 the 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.
16.5 Which laws apply to this contract and where you may bring legal proceedings. The 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.
Complete and return this form only if you wish to withdraw from the contract.
To: Infinitum Education Limited
Postal address: Kemp House, 160 City Road, London, London, United Kingdom, EC1V 2NX
Email address: email@example.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods or digital content [*]/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):
[[*] Delete as appropriate]