By ordering one, or more than one, Colour Accounting Course or Product you agree to be bound by these Terms and Conditions, and by the Appendices to these Terms and Conditions.
2. Colour Accounting / your Tutor
2.1. You may order a Course from your Tutor via our website or via email. Your order is accepted by your Tutor once cleared funds have been received by your Tutor.
2.2. Access to your Course is via Zoom. Access to that Course shall be provided on the published day that the course is running.
3. Personal service
3.1. Your Course is personal to you and you may not transfer your rights to access your Course or provide access to your Course, in whole or in part, to any other person. The content is designed only to be viewed online and should not be recorded for viewing offline.
4. Enrolment, cancellation and refunds
4.1. You will be enrolled onto your chosen date within two working days of funds clearing via a payment PayPal (often you will be enrolled immediately)
4.2. Where you cancel within 14 days of purchase: You may cancel any purchase within 14 days of your order and receive a full refund by emailing firstname.lastname@example.org.
4.3. Where you cancel more than 14 days after purchase: no refund will be made.
5. Course amendment / Course fee amendment / Use of discount coupon codes
5.1. Your Tutor may offer you a discount coupon code to enable you to receive a discount. A public discount coupon code is one which has been published or advertised to the public by your Tutor. A private discount coupon code is a discount coupon code which is not a public discount coupon code. You should only use a private discount coupon code after being authorised to do so to purchase a particular product by your Tutor. If you use a private discount coupon code without suitable authority then your Tutor shall be entitled to remove you from the relevant course and retain all or a portion of your payment.
6. Student commitment and behaviour
6.1. Your commitment to and diligent pursuit of your studies is the key to your success. A WhatsApp group will be set up so that you can communicate to the tutor before and during the course.
6.2 Any and all communications and behaviour on the course on Zoom or in the WhatsApp group shall be professional and mutually respectful. You must not share the intellectual property of others on any support group. Any unprofessional or disrespectful communication or behaviour may result in you being suspended or excluded from your Course.
7. Deferral or Transfer
7.1. Any decision to defer sitting for your course is yours. If you choose to defer your course you should notify your Tutor as soon as possible.
8. Connection to Colour Accounting Zoom course
8.1. You may incur charges to your internet service provider while you are accessing or using your Course. Charges may also be payable to third parties for use of the software necessary to access your Course. You are responsible for paying these charges.
8.2. It is your responsibility to check that the computer and internet service you plan to use to access your Course is compatible with the minimum specification requirement that relates to your Course. A reliable bandwidth of at least 2-3 Mbps download/upload speed is recommended.
8.3. You acknowledge and accept that you Tutor cannot be held responsible for any technical problems you encounter following the purchase of your Course that are outside of their control.
9. Suitability of study materials / Tutor contact / Availability of published materials
9.1. It is expected that you to take reasonable care to verify that your Course will meet your needs.
9.2 Your Course includes the provision of material published by others but your tutor cannot be held responsible for by the actions of the relevant publisher.
10. Liability under this contract
10.1. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
10.2. The exclusions and limitations of liability contained in these Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
10.3. Except as set out in these Terms, your Tutor shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories: a) indirect or consequential losses b) loss of income or revenue c) loss of business d) loss of anticipated savings e) loss or corruption of data.
10.4. Your Tutor cannot be held responsible to you for any data that you lose as a result of accessing your Course. It is your responsibility to ensure that you regularly save and back up all data which you hold on the computer from which you are accessing your Course.
10.5. Your Tutor’s maximum aggregate liability to you for any claims that you may have against your Tutor for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, your use of your Course and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf for your Course.
10.6. Your Tutor will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.
10.7. Your Course is for educational purposes only. Your Tutor will not accept any responsibility to any party for the use of your Course for any purpose other than for educational purposes, including but not limited to the giving of advice by you to any third party.
11. Intellectual property
11.1. At all times, your Tutor, and/or their licensors, remain the owner of the intellectual property in your Course. No part of your Course may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of Richard Poole.
11.2. In consideration of receipt by your Tutor of the Fee, your Tutor grants to you a non-exclusive, non-transferable licence to use your Course strictly for your own educational purposes only. The licence granted is to access your Course from two devices only. Your Tutor have access to the IP address of those devices that access the VLE, and reserves the right to cancel your access without the return of any fee, should you access your Course via our VLE from more than two devices.
11.3. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of your Course. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of your Course or create derivative works based on the whole of or any part of your Course or incorporate any part of your Course into any software program. Use of your Course not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either your Tutor’s copyright or your Tutor’s other intellectual property rights, and / or the copyright or other intellectual property rights of Richard Poole’s licensors.
12. Data protection
12.1. Personal information received from you will be used in accordance with the General Data Protection Regulations. You consent to the use by your Tutor of such information in accordance with those regulations until and unless you have withdrawn your consent. Your Tutor will use your data to supply the services you have bought. Your Tutor may use your data for direct marketing (unless you request otherwise). Your tutor will not share your data with third parties unless this is necessary for the delivery of your Course to you or other students, or is a statutory requirement. You have the right to receive details of the personal information held by contacting Richard Poole via email@example.com. The Appendix labelled ‘Data Protection Policy’ appended to and forming part of these Terms and Conditions outlines the nature of the personal data held and how this is used and protected.
12.2. In the event that you do not wish to receive marketing correspondence from your Tutor, a written request or email should be sent to your Tutor at firstname.lastname@example.org.
13. Overdue amounts
13.1. Your Tutor reserves the right to charge late payment interest on any overdue amounts, at a rate of 8% a year above the base lending rate of Barclays Bank plc from time to time. The 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 the overdue amount.
13.2. Your Tutor reserves the right to recover any reasonable debt collection costs in connection with these Terms.
14. Other terms and conditions
14.1. Your tutor may update or amend these Terms from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the website Richard-poole.com.
14.2. These Terms constitute the entire agreement and understanding between the parties and supersedes and replaces any other terms and conditions previously published and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by your Tutor to you, whether oral, written or otherwise, relating to the subject matter of these Terms.
14.3. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless agreed in writing with your Tutor who may assign, transfer or sub-contract any of their rights or obligations under these Terms to any third party at their discretion.
14.4. No relaxation or delay your Tutor in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed with your Tutor in writing.
14.5. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
14.6. Any notices required to be served on you by your Tutor under these Terms will be deemed properly served if emailed to the email address notified by you. Any notices required to be served to your Tutor by you will be deemed properly served if sent to the address set out at the start of this agreement.
14.7. A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
14.8. The agreement between you and your Tutor will be concluded in English only.
14.9. The agreement between you and your Tutor which is compromised in these Terms is not intended to be for the benefit of any other party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
14.10. These Terms and any other matters arising out of or in relation to these Terms are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms.
Appendix: Complaints policy
This document outlines the policy which applies to complaints by students concerning their treatment by their Tutor. These guidelines are designed to ensure complaints are investigated and resolved in a fair and timely manner, and that your tutor learns from such complaints and implements appropriate responses.
1. Complaints should, where reasonably possible, be raised informally with your tutor. This is particularly the case if your complaint concerns your experience of the service you have received. If discussion with your tutor is not possible, or you would rather not raise the matter with your tutor, then an informal complaint can be made.
2. Formal complaints should be made as soon as reasonably possible after the informal complaints procedures explained here are exhausted, and within 60 calendar days of the occurrence of the event which is the subject of the complaint.
3. If submitted more than 40 calendar days after the event which is the subject of the complaint then a formal complaint will only be considered where there are good reasons for the delay. An explanation for any such delay, together with authoritative evidence to support such lateness, should accompany any Formal Complaint.
4. Formal complaints should be made either by email to email@example.com or by registered post, or by both. Any communication received which states that it is a formal complaint will be treated as such. Any formal complaint received by email will be acknowledged as having been received within 48 hours. If no acknowledgement is received then it is likely your email has not been received, and you should send a letter by registered post as well as another email.
5. A formal complaint should:a) state the nature of the complaint,b) state whether your complaint concerns the actions of a particular person,c) provide such evidence is available to support the complaint, andd) details the outcome and/or remedy being sought.The formal complaint investigation can only investigate what is complained about on the basis of evidence available. You should take care to ensure all issues are addressed, and that you provide what evidence you can to support your complaint.
6. Where your complaint concerns the actions of a particular person then that person may, if appropriate, be informed of your complaint and allowed to present evidence to explain their actions, but will not be otherwise involved in the handling of your complaint.
7. Your complaint will be investigated in a timely fashion and we will keep you informed of the progress of your complaint, and will inform you of the outcome of your complaint within 14 days unless there is good reason for any investigation to take longer.
8. Richard Poole FCCA is governed by the professional ethical codes. This means he may be obliged under those ethical codes to inform the ACCA or another professional body where evidence is found of a breach of those professional ethical codes by your tutor or yourself.