TERMS OF USE
Pre Contractual Information
Speech Therapy- Artikul8® English Pronunciation Training Package
1. What is Artikul8®?
Artikul8® comprises 4 e-courses on English pronunciation, and is specifically designed for adults who are learning English as a second language who want to improve their pronunciation.
The package is aimed at those who want to fine tune their pronunciation in English and focuses on tricky consonants, specifically, 'R', 'L', 'Th' and 'W'. It is intended that, over time, e-courses dealing with other consonants will be added.
The e-courses guide clients through the process of how to say the consonant by itself, in combination with vowels, in words, in short phrases and in short sentences. The goal is to get clients to be able to use their new pronunciation patterns in general conversation without thinking about it (in effect, aiming to help you “train you mouth” to pronounce tricky consonants). Structured listening activities help clients tune in to each consonant and also the rhythm, stress, intonation and prosody patterns of spoken English.
The e-courses also develop customers’ awareness of their mouth and tongue movements and breathing, and also demonstrate specific strategies to help embed new pronunciation patterns. Clients complete the courses at their own pace and have access to live webinars to ask questions during this time.
Each course consists of 5-8 lessons. Minimum recommended time to complete a course is 3 weeks (including 2-3 days required practice in between lessons). Maximum time allowed to complete a course is 90 days.
Artikul8® is a registered trade mark.
2. Who should sign up for Artikul8® e-courses?
Adults of any nationality who are learning English as a second language and who already have a degree of spoken English fluency and want to 'polish' their pronunciation in English. The Artikul8® e-courses are particularly appropriate for business professionals working in an English speaking environment and anyone for whom accurate and credible pronunciation of the English language is important.
The courses are not for children.
3. About the author of the Artikul8® e-courses
The Artikul8® e-courses have been designed by Helen Buxton, an experienced speech and langauge therapist who is a member of the Royal College of Speech and Language Therapists (“RCSLT”).
The Artikul8® e-courses deploy specialist skills known to trained speech therapists, in order to change pronunciation patterns. These skills are not known to English Language Teachers and ELT professionals who are not qualified to change pronunciation patterns.
The general principles and techniques used within the Artikul8® e-courses are well known within paediatric speech and language therapy but the Artikul8® e-courses represent the first attempt to deliver some of those principles and techniques through an easily accessible e-learning platform. This does not constitute ‘speech therapy’ in that no individual assessment of a client that results in differentiated and individualised advice on changing pronunciation patterns is undertaken. Rather, some of the known principles and techniques used are organised into a structured programme that is designed to be of general help to the adult client.
4. How the do I access Artikul8®?
Access for e-courses will be through the Artikul8® landing page at www.artikul8.com and/or you may well have accessed via YouTube or Facebook (YouTube features clips from my lessons with links to my website).
Via the Artikul8® landing page you will be able to experience a (free) Short Course via a “ Short Course” facility and then, if you choose to do so, proceed to enrol for any paid Course.
In either case, the procedure for accessing the Course will be the same:
Firstly, you will be asked to register by supplying your e-mail and creating personalised log-in credentials/password
Secondly you will be asked to confirm that you accept relevant “Terms of Use” documents (note that regardless of whether you are choosing the (free) Short Course or a paid Course you will be asked to confirm that you accept all “Terms of Use” documents, including the Privacy Statement which will govern both your free trial period and any paid Course which you choose.
At the end of the Free Course you will have the option to proceed to any full paid Course. You will do this by clicking the button to ‘All Courses’ at the end of the Short Course.
If you decide to buy access to one Course and then subsequently decide to buy access to further Courses you will have to first log-in to your account and then enrol separately for the new Course.
4. How does payment work?
Payment represents part of the enrolment process.
When you register for a paid course for the first time, payment will therefore be included as part of the enrolment process for the Course which you choose to purchase.
If you choose subsequently to purchase further courses then you will need to log in to your account and payment will form part of the enrolment process for the further Course or Courses which you choose to purchase.
In each instance you will be transferred to the e-course software company (“Thinkific”) where my e-courses are held, to make payment.
You will have options to pay by debit / credit card / Paypal/ Stripe (but not American Express).
Upon confirmation of receipt of payment, you will receive a welcome e-mail that will both provide access (subject to the effect of your cancellation rights discussed below in Section 5) to your chosen course(s). You will also receive an automated receipt with an order number by e-mail.
5. What Cancellation and other rights do I have?
During the registration process you will see pop up information with boxes which you have to tick to confirm that you understand that you have read, understood and accepted:
• the Terms and Conditions
• the Privacy Policy
These Terms and Conditions include provisions which confirm that:
• You have a 14 day cancellation (or “cooling off”) period running from the date at which your order is accepted (which will be when each of the three following actions have been completed : (i) you have submitted your registration form (ii) you have confirmed acceptance of the Terms of Use and Privacy Policy (iii) your payment has been received).
This right is provided to you under the Consumer Contracts Regulations, which came into force on 13th June 2014, and which give you the right to cancel the purchase of any digital downloads made online, within a 14 day “cooling off” period.
• You have the right to either:
o consent to the waiver of the 14 day cooling off period (after which you will be able to access immediately your chosen course(s) and/or webinars or
o choose not to waive the 14 day cooling off period. In this case, you should not access the course until the end of the 14 day period and, as long as you have not accessed the course (or have accessed no more than 10% of it) you will be entitled to a refund of your payment at any time prior to the expiry of the 14 day cooling off period.
In the event of you choosing to exercise your right to cancel your order during the “cooling-off period”: (i) your payment will be refunded and (ii) your personal details will be deleted.
Payments refunds will ordinarily be made within 14 days of notification of you exercising your cancellation rights. Refunds will ordinarily be made via the same method in which your payment was originally made, but, in exceptional circumstances, may need to be made via International Bank Transfer, which can take up to 28 days.
• Each Course represents a single purchase of a digital content product, so that, once purchased (and after expiry or waiver of the “cooling-off period”) if you choose to cancel your order, no refund will be due.
• It is a legal and professional/regulatory requirement that you need to be over 16 years of age (or, if not U.K. based over the legal and/or medical age of consent within your country of residence) in order to use Artikul8® courses. Artikul8® courses are not suitable for children.
Note: Many countries, in addition to a “legal age of majority” (i.e. the age at which minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the control and legal responsibilities of their parents or guardian over them) have a concept of “medical age of consent” (i.e. the age at which the law judges an individual is capable of giving consent for their own treatment- medical or otherwise).
In the UK this is normally 16 (though this assumption can be over-ruled in certain circumstances). If accessing course from outside the UK you should satisfy yourself that you have both attained both the legal age of majority and the legal age for medical consent before proceeding to download and use Artikul8® courses.
• The Artikul8® courses. assume that the client has no prior speech and language difficulties.
• In the event that it is necessary to make any significant changes to either: (i) the content of any of the Courses or (ii) the Terms of Use which govern your access to the Courses and your relationship with Artikul8® you will be contacted in writing and be given the opportunity to terminate your relationship with Artikul8® and receive a refund for any Course paid for but not yet accessed.
5. What information do I need to give you and how will this information be stored?
Information required from customers for the duration of the course:
e-mail address;
First name and surname
Email address
Home language
Profession(s) (optional)
All personal information will be deleted upon completion of your chosen course in order to comply with General Data Protection Regulations.
However, Customers will need to actively unsubscribe from the Convertkit e-mail sequences by clicking ‘unsubscribe’ at the bottom of an e-mail.
Click here to see Privacy Policy- Statement
E-mail support will be provided for the duration of the courses through ‘Convertkit’. This means clients who are participating in paid Courses will receive occasional automated e-mails from myself
Short Course Terms of Use
Contract for the Provision of Digital Content in the form of an E-learning “Short Course.”
These Terms of Use , regulating the terms of access to and use of a free-to-access Short Course (part of the Artikul8® English Pronunciation Training Package)” (“Trial User Terms”) below constitute a Contract between You and Us, and You will be required to confirm that You have read, understood and agreed to the Terms before being provided with access to any of the Digital Content constituting the Short Course.
Once you have completed the Short Course facility (which is free to use) You will have the option to proceed to purchase the paid-for Course and lessons constituting the Artikul8® English Pronunciation Training Package.”
As part of the process of signing up for all Courses under the Artikul8® programme you will be expected to confirm that you have read, understood and agreed to a further set of Terms which will constitute a Contract for the provision of Digital Content in the form of E-learning courses.
1. ACCEPTANCE OF THESE TERMS
This document sets out the terms that govern a trial user’s access to and use of the (free) Short Course facility of the Artikul8® programme . In consideration of us granting you access to the Short Course for the Free Trial Period,” You agree to be bound by these Trial User Terms and to the disclaimer and limitation of liability below. If you do not agree to these Trial User Terms please do not proceed to access the Course.
2. TRIAL PERIOD
2.1
The Free Trial Period shall be for the period of 7 days only.
2.2
Access to the Short Course will be via the Artikul8® landing page.
In order to do this You will need to click on the Short Course button/link, create an account (as part of which process You will be asked to create login credentials), and confirm that You agree to these “Trial User Terms of Use” which will govern Your Free Trial Period (you will do this by ticking a “tick” box, which will confirm that You have read and understood the Trial User Terms of Use. You will need to agree to the Terms and Conditions and Privacy Notice for all courses at the same time (see below).
2.3
The account details and log-in credentials created as part of the process by which You access the Short Course must be kept confidential and must not be disclosed to any third party. We have the right to disable and delete any user account and all data linked to it, including identification code or passwords, whether chosen by you or allocated by us, at any time if in our opinion You have failed to comply with any of the provisions of these Trial User Terms or if we believe there is or may be a security breach. We also have the right to recoup all loss of income resulting from Your failure to comply with any of the provisions of these Trial User Terms.
2.4
Information you submit to us
Personal information about You which You submit to Us will be governed by the terms of our privacy policy.
2.5
At the end of the Free Trial Period You will have the option to enrol for any paid for Course within the Artikul8® programme. If You choose not to enrol for a paid-for course then your Account details and log-in credentials will be deleted.
3. LICENCE
a. We/us (“ARTIKUL8 LTD”) grant you a non-exclusive licence to access and view the Digital Content on this Service for the purposes of evaluating whether you wish to subscribe to procced to purchase paid- for Digital Content available in the Artikul8® English Pronunciation Training Package.”
b. During the Trial Period and in respect of the Service that you are trialling, you undertake that you will not:
i. Download to a local machine, network or disk any materials relating to the Short Course and save them in electronic form;
ii. Copy and paste any materials relating to the Short Course;
iii. Make print outs or copies of any materials relating to the Short Course;
iv. Email or otherwise make available materials relating to the Short Course to anyone else;
v. Modify any materials relating to the Short Course; or
vi. Share your password/logon credentials with anyone.
c. We may monitor your usage of the Short Course during the Trial Period.
d. Please note that the materials and information constituting the Short Course and all copyright and other intellectual property rights therein belong to ARTIKUL8 LTD and you agree, as a condition of being granted access to the Short Course for the period of the Trial Period, to be bound by the provisions of Clause 4 of these Trial User Terms (“Intellectual Property.”
4. INTELLECTUAL PROPERTY IN THE SHORT COURSE
4.1
The materials and information constituting the Digital Content on this website ('Content') and all copyright and other intellectual property rights therein belong to ARTIKUL8 LTD .
4.2
You are hereby granted permission to access the Digital Content constituting the Short Course of the Artikul8® English Pronunciation Training Package by : (i) accessing the data provided in digital form and (ii) interacting with data in digital form, for the period of the Trial Period.
Specifically, you are granted permission to watch / listen (but not download) representative Video clips and audio files and to download and complete PDF documents as part of listening activities.
4.3
All other use of the Digital Content constituting the Short Course , including modification, publication, transmission, creation of derivative works, incorporation into other digital content or into another website or reproducing the Short Course (whether by linking, framing or any other method) is not permitted without the express prior consent of ARTIKUL8 LTD.
In particular, you may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer any of the Short Course in whole or in part, or as a component of any other product or service; (ii) use the Short Course to create any derivative works or competitive products; or (iii) allow any third parties to access, use or benefit from the Short Course in any way; or (iv) use any programmatic, scripted or other mechanical means to access the Short Course.
4.4
Failure to observe the restrictions in Clause 4.3 above is likely to lead to legal proceedings for infringement of the intellectual property rights of ARTIKUL8 LTD
5. Governing Law
You hereby accept the application of the laws of England to govern matters between us.
Contract for the Provision of Digital Content in the form of E-learning courses.
These Terms of Use (“Terms”) below constitute a Contract between You and Us, and You will be required to confirm that You have read, understood and agreed to the Terms before being provided with access to any of the Digital Content.
If You have taken advantage of the (free) “Short Course” facility then You will already have accepted the “Trial User Terms of Use.” You will now need to accept these further Terms in order to gain full access to the particular e-learning Courses which You have purchased.
1. These Terms
1.1 What these Terms cover.
These are the Terms upon which We agree to supply to You the Digital Content, by which is meant “the Courses and lessons constituting the Artikul8® English Pronunciation Training Package”.
The Artikul8® English Pronunciation Training Package consists of both: (i) data provided in digital form and (ii) and interaction with data in digital form.
Specifically, clients will be able to watch / listen (but not download) Video clips and audio files and will be required to download and complete PDF documents as part of listening activities.
1.2 Why You should read them.
Please read these Terms carefully before You submit Your order to Us (i.e. by confirming Your acceptance of the Terms and making payment for the Course or Courses which You have selected). These Terms tell You who We are, how We will provide the Digital Content to You, how You and/or We may change or end the Contract, what to do if there is a problem and other important information. If You think that there is a mistake in these Terms (or if You think that they require any changes) then, please contact Us by using the contact details provided at Clause 2.2 below to discuss.
2. Information about Us and how to contact Us
2.1 Who We are.
We are ARTIKUL8 LTD a company registered in England and Wales (Company Registration Number 11882674 whose registered office is at 8 Grange Farm Road, Yatton, North Somerset, BS49 4RB.
2.2 How to contact Us.
You can contact Us by telephoning +44 (0)7526 144623 or by writing to Us at correspondence address 9 Weston Hall Stables, Mill Lane, Bulkington, Warwickshire, CV12 9RU, UK or e-mailing us at [email protected].
2.3 How We may contact You.
If We have to contact You We will do so by telephone or by writing to You at the email address you provided to Us in Your Registration form/details.
2.4 "Writing" includes emails. When We Use the words "writing" or "written" in these Terms, this includes emails.
3. Our Contract with You
3.1
How We will accept Your order. Our acceptance of Your order will take place when We email You a Welcome email, confirming that We have accepted Your order and that You are formally enrolled for the Course or Courses which You have ordered, at which point a Contract will come into existence between You and Us.
This will happen in one of two ways:
(1) The first time that You order a Course, You will be required to register and create an account (as part of which process You will create login credentials). Following creation of Your account You will be able to enrol for the course of Your choice. The process of enrolment will include the requirement to pay for the chosen Course or Courses and after Your payment has been accepted You will receive an email of Welcome. This will represent the moment at which a Contract comes into existence between You and Us.
(2) As and when You order subsequent Courses You will need to log in to Your account, choose the Course or Courses which You wish to buy and then pay for them. This process represents “enrolment” and at the end of the process You will receive a letter of Welcome which will represent the moment at which a Contract comes into existence between You and Us
3.2 If We cannot accept Your order. If We are unable to accept Your order, We will inform You of this in writing and will refund You in full any payments which You have made to Us. 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 Digital Content, because Digital Content is being updated/has been withdrawn or because there are problems in relation to your payment.
3.3 Your order number.
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.
3.4 Sales outside of the UK.
If You reside in a country outside of the United Kingdom, We draw Your attention in particular to the provisions of Clause 17 (Governing Law) of these Terms. We acknowledge that, notwithstanding the operation of Clause 17 of these Terms, this Contract for the provision of Digital Content may be subject to specific regulation in Your country of residence.
4. Our Digital Content
4.1
Digital Content may vary slightly from any general description given in the Pre-Contractual Statement and or on the landing page of our Website.
5. Our rights to make changes
5.1 Minor changes to the Digital Content.
We may change the Digital Content:
(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. We will Use our reasonable endeavours to ensure that any such changes will not affect Your Use of the Digital Content
5.2 More significant changes to the Digital Content and these Terms.
In addition, as We informed You in the Pre-Contractual statement on the landing page of our Website, We may make more significant changes to these Terms or the Digital Content, but if We do so We will notify You by Written Notice and You may then contact Us to end the Contract before the changes take effect and receive a refund for any Digital Content paid for but not received.
5.3 Updates to Digital Content.
We may update, from time to time, Digital Content, provided that the Digital Content shall always match (subject to Clause 5.1 of these Terms) the description of it that We provided to You before You bought it.
6. Providing the Digital Content
When We will provide the Digital Content/How You gain access to Digital Content.
6.1
We will provide the Digital Content to You upon completion of the order/enrolment processes as set out at Clause 3.1 of these Terms (above) and as detailed in the Pre Contractual Information on the landing page of Our Website.
Your rights to end the Contract with Us are set out below in Clause 7 below and, as regards Your statutory cancellation rights, detailed in the Pre Contractual Information on the landing page of Our Website.
6.2
We will supply and make available to You the Digital Content which You have purchased until: (i) the expiry of the relevant time period for which Your purchase guarantees access to Your chosen Digital Content (normally three Calendar Months from the date of purchase or (ii) You end the Contract as described in Clause 8 of these Terms or (iii) We end the Contract by Written Notice to You as described in Clause 9. of these Terms.
6.3
We are not responsible for delays outside our control. If our supply to You of the Digital Content is delayed by an event outside our control then We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the Contract and receive a refund for any Digital Content You have paid for but not received.
6.4 What will happen if You do not give required information to Us.
We may need certain information from You so that We can supply or continue to supply the Digital Content to You; ordinarily You will be asked to provide this information during the registration process. An indication of the type of information typically required upon registration is listed in the Pre Contractual Information on the landing page of Our Website.
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 incorrect information, We may either end the Contract (and the provisions of Clauses 9.1 and 9.2 of these Terms 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 will not be responsible for supplying the Digital Content late or not supplying any part of them if this is caused by You not giving Us the information We need within a reasonable time of Us asking for it.
6.5 Reasons We may suspend the supply of Digital Content/access to Digital Content to You.
We may have to suspend the supply of a Digital Content to:
(a) deal with technical problems or make minor technical changes;
(b) update the Digital Content to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Digital Content as requested by You or notified by Us to You (see Clause 5 above).
(d) resolve any issues relating to payment which arise after the acceptance of Your order
7. Your rights to end the Contract
7.1 You can always end Your Contract with Us.
Your rights when You end the Contract will depend on what Digital Content You have bought, how We are performing and when You decide to end the Contract:
(a) If what You have bought is faulty or mis-described You may have a legal right to end the Contract (or to get the Digital Content repaired or replaced or a Digital Content re-performed or to get some or all of Your money back), see Clause 10 below;
(b) If You want to end the Contract because of something We have done or have told You We are going to do, see Clause 7.2 below;
(c) If You have just changed Your mind about purchasing access to the Digital Content, see Clause 7.3 below. You may be able to get a refund if You are within the cooling-off period and have not accessed your paid course;
(d) In all other cases (if We are not at fault and there is no right to change Your mind), see Clause 7.4 below.
7.2 Ending the Contract because of something We have done or are going to do.
If You are ending a Contract for a reason set out at (a) to (e) below the Contract will end immediately and We will refund You in full for any Digital Content with which have not been provided. The reasons are:
(a) We have told You about an upcoming change to the Digital Content or these terms which You do not agree to (see Clause 5.2 above);
(b)We have told You about an error in the price or description of the Digital Content You have ordered and You do not wish to proceed;
(c) there is a risk that supply of/access to the Digital Content may be significantly delayed because of events outside our control;
(d) We have suspended supply of/access to the Digital Content for technical reasons, or notify You that We are going to suspend them for technical reasons, in each case for a period of more than Two Weeks or
(e) You have a legal right to end the Contract because of something else which We have done wrong.
7.3 Exercising Your right to change Your mind
For most Digital Content bought online You have a legal right to change Your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below (in Clauses 8. below and in in the Pre Contractual Statement
7.4 When You don't have the right to change Your mind
You do not have a right to change Your mind where:
(a) You have started to download or stream more than 10% of the Digital Content of a Course (unless You are taking advantage of the (free) “Short Course” facility);
(b) You have expressly waived Your cancellation rights, and have proceeded to access Your chosen Digital Content;
(c) The cancellation period had expired without you cancelling your order
In these circumstances, if you decide to change your mind you will be liable to pay for the whole of the Course (or Courses) which You have accessed.
7.5 How long do I have to change my mind?
You have 14 days after the day upon which We email You Your Welcome e-mail to confirm that We accept Your order, in which to change Your mind as long as you do not access the Digital Content of your paid course. [ If You cancel after We have provided You with access to the Digital Content, You must pay Us for the Digital Content provided up until the time You tell Us that You have changed Your mind. Ordinarily, this will mean that You need to pay for the whole of the Course which You have accessed
8. How to end the Contract with Us (including if You have changed Your mind)
8.1
Tell Us You want to end the Contract. To end the Contract with Us, please let Us know by doing one of the following:
(a) Phone or email. Call Helen Buxton (Founder) on +44 (0)7526 144623 or email Us at [email protected] attaching a completed version of the Model Cancellation Form attached as a Schedule to these Terms. Please provide Your name, details of the order and, where available, Your phone number and email address.
(b) By post. Print off the form attached to this Contract at Schedule A and post it to Us at the address on the form.
9. Our rights to end the Contract
9.1
We may end the Contract if You break it. We may end the Contract for Digital Content at any time by writing to You if:
(a) Any payment made by You to Us in order to purchase Digital Content is revoked or withdrawn in any way and You still do not make payment within 10 days of Us reminding You that payment is due;
(b) You fail to provide us with information which we require in order to be able to provide you with the Digital Content, in breach of Clause 6.4 of these Terms.
(c) We have a legal right to end the Contract because of something else which You have done wrong (such as using the Digital Content for any commercial, business or re-sale purpose in breach of Clause 12.3 of these Terms
9.2
If We end the Contract in any of the circumstances set out in Clause 9.1 above, We may ask You to compensate Us for any reasonable costs which We have incurred as a result of You breaking the Contract.
9.3
We may decide to withdraw the Digital Content. If We choose to do so 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 Four calendar Weeks in advance of our stopping the supply of the Digital Content and will refund any sums You have paid in advance for Digital Content which will not be provided.
If We decide to withdraw the Digital Content, We will endeavour to enable You to complete lessons and/or Courses which You have accessed and commenced using but if this does not prove possible We will refund any sums You have paid for Courses and which You have not been able to complete.
10. If there is a problem with the Digital Content
10.1 How to tell us about problems.
If You have any questions or complaints about the Digital Content, please contact us. You can telephone us at +44 (0)7526 144623 or write to us at [email protected] OR 9 Weston Hall Stables, Mill Lane, Bulkington, Warwickshire, CV12 9RU.
10.2 Summary of Your legal rights.
We are under a legal duty to supply products that are in conformity with this Contract. See below 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.
a) The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If Your Digital Content is faulty and/or You are not able to fully access it, You are entitled to a repair or a replacement.
c) 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.
See also Clause 7.3 above re: Your right to change Your mind
11. Price and payment
11.1 Where to find the price for the Digital Content.
The price of the Digital Content will be the price indicated on the Course page when You placed Your order. We take all reasonable care to ensure that the price of the product advised to You is correct.
11.2 Value Added Tax (“VAT”)
(VAT not currently being paid)
11.3 When You must pay and how You must pay.
We accept payment with debit / credit card / Paypal/ Stripe (but not American Express).
In order to gain access to our Digital Content, You must pay for the Digital Content before You are able to access/download them.
12. Our responsibility for loss or damage suffered by You
12.1
We are responsible to You for foreseeable loss and damage caused by us. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this Contract, but 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.
12.2
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 agents; for fraud or fraudulent misrepresentation; or for breach of Your legal rights in relation to the Digital Content (as summarised at Clause 10.2 above).
12.3
We are not liable for business losses. We only supply the Digital Content for domestic and private use – and (by prior agreement only) Company use If You use the Digital Content for any commercial, business or re-sale purpose (which use would constitute a breach of these Terms) We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13. How We may use Your personal information
13.1
We will only use Your personal information as set out in our Privacy Policy.
14. Intellectual Property in the Digital Content
14.1
The materials and information constituting the Digital Content on this website ('Content') and all copyright and other intellectual property rights therein belong to ARTIKUL8 LTD .
14.2
You are hereby granted permission to access the Digital Content constituting the The Artikul8® English Pronunciation Training Package by : (i) accessing the data provided in digital form and (ii) interacting with data in digital form.
Specifically, you are granted permission to watch / listen (but not download) Video clips and audio files and to download and complete PDF documents as part of listening activities.
14.3
All other use of the Digital Content, including modification, publication, transmission, creation of derivative works, incorporation into other digital content or into another website or reproducing the Digital Content (whether by linking, framing or any other method) is not permitted without the express prior consent of ARTIKUL8 LTD.
In particular, you may not: (i) sell, sublicense, distribute, display, store, copy, modify, decompile or disassemble, reverse engineer, translate or transfer any of the Digital Content in whole or in part, or as a component of any other product or service; (ii) use the Digital Content to create any derivative works or competitive products; or (iii) allow any third parties to access, use or benefit from the Digital Content in any way; or (iv) use any programmatic, scripted or other mechanical means to access the Digital Content.
14.4
Failure to observe the restrictions in Clause 14.3 above is likely to lead to legal proceedings for infringement of the intellectual property rights of ARTIKUL8 LTD
15 Assignment and Transfer
15.1 We may choose to transfer this Contract to someone else.
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. If You are unhappy with the transfer You may contact us to end the Contract within four calendar Weeks of us telling You about it and We will refund You any payments You have made in advance for Digital Content not provided.
16 Third-party rights
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. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms
17 Severance
If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
18 Governing Law and Jurisdiction
18.1 Which laws apply to this Contract and where You may bring legal proceedings.
These terms are governed by English law and You can bring legal proceedings in respect of the Digital Content in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Digital Content in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the Digital Content in either the Northern Irish or the English courts.
If You are resident outside of the United Kingdom You will ordinarily be expected to bring any legal proceedings in respect of the Digital Content in the English courts (although it is acknowledged that, in those circumstances, the Contract may be subject to any separate requirements in Your resident jurisdiction as regards the provision of Digital Content/on-line Courses).
19 Alternative Dispute Resolution.
Alternative dispute resolution is a process whereby an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact the alternative dispute resolution provider We use. You can submit a complaint in the first instance to the Royal College of Speech & Language Therapists (RCSLT) via their Website at www.rsclt.org. The RCSLT will not charge You for making a complaint and if You are not satisfied with the outcome You can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. https://ec.europa.eu/consumers/odr/main/?event=main.trader.register
SCHEDULE
Model Cancellation Form
(Complete and return this form only if You wish to withdraw from the Contract by e-mail or post)
By Post to Artikul8 LTD, 9 Weston Hall Stables, Mill Lane, Bulkdington CV12 9RU or by e-mail to [email protected]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] Contract for the sale of Digital Content
Ordered on [*]/received on [*], [ ]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date