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Terms and Conditions

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Standard Terms for the Purchase of Online Courses

These terms and conditions apply to Services provided by Better Learning, trading as MKH Education Consultancy Limited (Company number 9273698) of Leigh House, Varley St, Pudsey LS28 6AN, UK (“MKH”, ” Better Learning”, “Better Learning Involves Families”,”we” or “us”).

You may contact us on office@betterlearning.education and/or +44(0)113 386 9233.

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Course Materials, Merchandise and/or Workshop/Taught Course, also hereafter called ‘Services’ and/or ‘Products’. Please read these terms and conditions carefully before purchasing any Services and/or Products and print off a copy for your records.

If there is any conflict better our Website Disclaimer, these terms and conditions, and any Course, Services, or Product Specific Terms and Conditions which might apply to a specific product, then

The conflict shall be resolved by applying the following order of priority:

01

Course, Service or Product Specific Terms and Conditions;

02

These Standard Terms for the Purchase of Online Courses Services and Products;

03

Website Disclaimer;

For online purchase via our payment partners such as PayPal, by clicking on the payment button, you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to continue to purchase any Products or Services from us.

For payment via invoice, by agreeing in e-mail or by sending a cheque or online payment, you agree to the terms of this agreement which will bind you. if you do not agree to these terms and conditions, you must cease to continue to purchase any Products and Services from us.

Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
Course Materials” means the information provided by MKH to accompany a course provided as part of the Services in either hard copy or electronic form.
Fees” means the fees paid by you to MKH for the Services or Products.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, concepts, systems, processes, ideas, innovations, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, payment partners or by telephone.
Taught Course” means a workshop or course taught by us in a classroom, theatre or other place of business setting to which you and/or your colleagues attend in person.
Website” means betterlearning.education, both the brand website and the training portal.
You” means the individual purchasing the Services, whether for yourself or for your organisation.

2.1. A description of the Products and Services together with the dates on which the Services will begin are available on our Website. We will provide the Products and Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Products and Services described on the Website without notice.
2.3 We expect you to confirm that the Products and Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Products and Services.

Purchasing Products and Services via the Website through Paypal
3.1. In order to purchase any of the Products and Services on-line you must register for an account with us via the Website.  If you already have an account with us you can log into your account using your user name and password.
3.2 In order to complete the purchase via PayPal you must meet PayPal’s usage terms and conditions. MKH accept no responsibility for any disagreement between you and PayPal or breakdown or unavailability of Paypal’s services.
Purchasing Services via the Telephone/E-Mail and invoice
3.3. To purchase a Service over the telephone please call +44 (0)113 386 9233 during UK office hours. You must register for an account with us on the website to purchase and access any of the Services over the telephone.
3.4. To purchase a Service over e-mail please contact office@betterlearning.education or laura.newcombe@betterlearning.education. You must register for an account with us on the website to purchase and access any of the Services over e-mail.
3.5. When you place an order for a Service via the Website, telephone or e-mail you are offering to purchase the Services on these terms and conditions.  MKH reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.7 below.
3.6. Following receipt by us of your order for Services via the Website, telephone or e-mail, we will contact you confirming receipt of your order.
3.7. A legally binding agreement between us and you shall come into existence when we have:
(a)    accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b)    received payment of the relevant Fees from you in accordance with clause 5 below.

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.7 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course or other services and have already accessed, downloaded all or part of the Online Course or materials and/or started to use that Online Course and/or attended a Workshop/Taught Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of MKH.
4.4. Online Courses will be valid for a period of 1 calendar year from the date of purchase and do not roll over to following years. Any non-taken courses will not be refunded.

5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone or as set out in our e-mail to you at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials, Taught Workshop 3rd party costs for additional Services such as dining and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out in the Website, told to you over the telephone or detailed in an e-mail prior to your purchase the Services.
5.3. Fees for the Service selected by you on the Website, purchased over the telephone or detailed in e-mail shall be debited from your credit / debit card at the time of purchase unless payment is via invoice. Fees for the Services purchased via invoice must be paid by online transfer, credit card or cheque to the accounts as stated on the invoice.
5.4. Fees must be paid in full prior to you accessing any Online Course or Service, attending any Workshop or Taught Course or prior to any Products being sent.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and MKH shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course.
5.7. In the event of non-availability, such as due to the delay between order and cleared payment for Services or Products, then MKH will refund your payment and this is the extent of MKH’s obligations.
5.8. In the event of temporary non-availability for Online Courses, due to website or 3rd party maintenance and other outages, MKH is within its right to provide the Online Courses within a period of 7 days.

6.1. Although MKH aims to provide the Services and Products to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Products or Services.  Subject to clause 6.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Subject to clause 6.4 below, MKH’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service or Product (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course, Workshop/Taught Course, Product or Service in relation to which a dispute has arisen.
6.4. Nothing in this Agreement shall exclude or limit MKH’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7.1. All Intellectual Property Rights in the Communications, Course Materials, Online Courses, Concepts, Ideas, Innovations, Processes, Content and the speeches made by trainers at the Workshops/Taught Courses are, and remain, the intellectual property of MKH or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials or other MKH Content without prior written permission;
(ii) record video or audio, relay by videophone or other means the Online Course, Taught Course or other Content given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
(iv) remove any copyright or other notice of MKH on the Course Materials and other Content;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the purpose of completing the Online Course and / or attending the Workshop / Taught Course and / or in the classes you teach at your education organisation and / or with your own children as applicable to your course.

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of MKH, any teacher or lecturer who provides the Workshop / Taught Courses or any student who attends any Workshop / Taught Course;
cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending our Workshop / Taught Courses;
intentionally or recklessly damage our property or the property of our employees or other students;
commit any criminal offence;
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10.1. Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
10.2. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11.1. MKH may publicise course participant’s involvement for the purposes of market research, publicity, training, marketing, lobbying and policy making and the improvement of our courses. In the course of this, participant’s commentary, ideas, name and establishment and likeness may be captured in word, photograph, video and/or audio from events, website forums, website feedback and social media.
11.2. Participants agree to the use of such unless they opt out in advance of participating in the course. If a participant has opted out MKH will take every reasonable step to exclude the participant from any involvement in activities covered under term 11.1.
11.3. In group settings, such as the recording of a workshop or taught course, where it is impractical or too late to avoid a particular participant being recorded, any participants who have opted out agree to either being captured solely as part of the audience and not identified, focused on specifically in person or having their fee refunded and being excluded from the workshop or taught course.

12.1 These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

13.1. MKH shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, internet outages, malicious website hacking, website maintenance, social media downtime, 3rd party payment delays or outages, other course participant’s actions, failure to provide a course caused by an emergency in the trainer’s family, illness of the trainer, Government edict or regulation.

14.1. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

15.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
15.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of MKH without your prior express approval.
15.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
15.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
15.6. Better Learning is a shared collaborative environment designed to help further the cause of improving educational outcomes. This can only happen if ideas and perspectives can be shared amongst the community and with external stakeholders such as education authorities. Therefore, if you engage in any collaborative real life, website, social media or messenger sessions, such as interviews, Q&A’s, conversations, forum or message boards, event or course feedback, social media commentary and such shared ideas, information and points of view, your specific, non-anonymised data may be recorded and shared to enhance Better Learning’s course materials, marketing, lobbying and training. If we plan to use this data, where this information can be attributed to you, we will contact you first for specific approval to use the material, approval to attribute it to you, use your likeness such as photo, video, audio or quote and verification of the content. You acknowledge that this communication may be shared amongst the participants, with Better Learning and with our partners and
15.7. Our website does not share data with any third parties however our content, such as links in course materials may link to third party websites and we are not responsible for their data policies, procedures or their content.
15.8. Our Payment Partner PayPal is fully compliant with GDPR, please see their statements on GDPR here: https://www.paypal.com/us/webapps/mpp/gdpr-readiness-requirements and their privacy policy here: https://www.paypal.com/en/webapps/mpp/ua/privacy-full
15.9. MKH endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
15.10. MKH may supplement the information that you provide with information we receive from third parties, such as your employer.
15.11. MKH is fully compliant with the European Union’s General Data Protections Regulation 2016/679, commonly known as GDPR. If you believe your data or our use of your data is incorrect or has been compromised, please email hello@betterlearning.education and MKH will comply with the GDPR requirements to share with you what data we hold on you, to update it, protect it or remove it within GDPR best practice, subject to our confirmation of your identity. You can request any or all of the following information and we will send it to you within 30 days:
●What personal information pertaining to you is being processed
●Why this information is being processed
●Who has access to this personal information about you
●How this personal information is being used in automated decisions
●What processes are using this information

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

You can contact us by any of the following methods:
Email: office@betterlearning.education
Facebook: @betterlearning.education
Post: Better Learning, Leigh House, Varley St, Pudsey LS28 6AN, UK
Telephone: +44(0) 113 386 9233

Website Terms and Conditions

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Better Learning, accessible at www.betterlearning.education.
These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Other than the content you own, under these Terms, MKH Education Consultancy Ltd. and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.

You are specifically restricted from all the following:
•publishing any Website material in any other media;
•selling, sublicensing and/or otherwise commercializing any Website material;
•publicly performing and/or showing any Website material;
•using this Website in any way that is or may be damaging to this Website;
•using this Website in any way that impacts user access to this Website;
•using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
•engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
•using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and MKH Education Consultancy Ltd. may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on or via this Website. By displaying Your Content, you grant MKH Education Consultancy Ltd. a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. MKH Education Consultancy Ltd. reserves the right to remove any of Your Content from this Website at any time without notice.

Please read our Privacy Policy.

6.1. Although MKH aims to provide the Services and Products to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Products or Services.  Subject to clause 6.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Subject to clause 6.4 below, MKH’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service or Product (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course, Workshop/Taught Course, Product or Service in relation to which a dispute has arisen.
6.4. Nothing in this Agreement shall exclude or limit MKH’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

In no event shall MKH Education Consultancy Ltd., nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  MKH Education Consultancy Ltd., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

You hereby indemnify to the fullest extent MKH Education Consultancy Ltd. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

MKH Education Consultancy Ltd. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

MKH Education Consultancy Ltd. is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

These Terms constitute the entire agreement between MKH Education Consultancy Ltd. and you in relation to your use of this Website and supersede all prior agreements and understandings.

These Terms will be governed by and interpreted in accordance with the laws of the United Kingdom and you submit to the non-exclusive jurisdiction of the courts located in the United Kingdom for the resolution of any disputes.