Terms and Conditions
This agreement applies as between you, the User of this Website and Julia
Noyel, the owner(s) of this Website. Your agreement to comply with and be bound
by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to
occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to
the sale of Services. If you do not agree to be bound by these Terms and
Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer and Our
acceptance of that offer is deemed to occur upon Our sending a confirmation
email to you indicating that your order has been accepted.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal
information, Payment Information and credentials used by Users to access Paid
Content and / or any communications System on the Website;
"Content": means any text, graphics, images,
audio, video, software, data compilations and any other form of information
capable of being stored in a computer that appears on or forms part of this
Website;
"Facilities": means collectively any online
facilities, tools, services or information that Julia Noyel makes available
through the Website either now or in the future;
"Services": means the services available to you
through this Website, specifically use of the Julia Noyel proprietary e-learning platform;
"Payment Information": means any details
required for the purchase of Services from this Website. This includes, but is
not limited to, credit / debit card numbers, bank account numbers and sort
codes;
"Premises": Means Our place(s) of business
located at ADDRESS;
"System": means any online communications
infrastructure that Julia Noyel makes available through the Website either now
or in the future. This includes, but is not limited to, web-based email,
message boards, live chat facilities and email links;
"User" / "Users": means any third
party that accesses the Website and is not employed by Julia Noyel and acting
in the course of their employment;
"Website": means the website that you are
currently using (www.learnworlds.com) and any sub-domains of this site (e.g.
subdomain.learnworlds.com) unless expressly excluded by their own terms and
conditions; and
"We/Us/Our": means Julia Noyel, a company
incorporated with the Registrar of Companies with Company registration
Number 53476831200033,
33 rue de la république, 69002 Lyon, France.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the
supervision of an Adult. Payment Information must be provided by or with the
permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in
the course of business.
4. Intellectual Property
- 4.1 Subject to the exceptions in Clause 5 of these
Terms and Conditions, all Content included on the Website, unless uploaded
by Users, including, but not limited to, text, graphics, logos, icons,
images, sound clips, video clips, data compilations, page layout,
underlying code and software is the property of Julia Noyel, Our
affiliates or other relevant third parties. By continuing to use the
Website you acknowledge that such material is protected by applicable
International intellectual property and other laws.
- 4.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use material from the Website
unless otherwise indicated on the Website or unless given Our express
written permission to do so.
5. Third Party Intellectual
Property
- 5.1 Unless otherwise expressly indicated, all
Intellectual Property rights including, but not limited to, Copyright and
Trademarks, in product images and descriptions belong to the manufacturers
or distributors of such products as may be applicable.
- 5.2 Subject to Clause 6 you may not reproduce, copy,
distribute, store or in any other fashion re-use such material unless
otherwise indicated on the Website or unless given express written
permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual
Property
Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of Julia Noyel or that of Our affiliates.
We assume no responsibility for the content of such websites and disclaim
liability for any and all forms of loss or damage arising out of the use of
them. The inclusion of a link to another site on this Website does not imply
any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only
to the home page of the site www.learnworlds.com without Our prior permission.
Deep linking (i.e. links to specific pages within the site) requires Our
express written permission. To find out more please contact Us by email at
[email protected] or call us in the following number: +44 20 81441441.
9. Use of Communications
Facilities
- 9.1 When using any System on
the Website you should do so in accordance with the following rules.
Failure to comply with these rules may result in your Account being
suspended or closed:
- 9.1.1 You must not use
obscene or vulgar language;
- 9.1.2 You must not submit
Content that is unlawful or otherwise objectionable. This includes, but
is not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit
Content that is intended to promote or incite violence;
- 9.1.4 It is advised that
submissions are made using the English language as We may be unable to
respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you
identify yourself must not violate these Terms and Conditions or any
applicable laws;
- 9.1.6 You must not impersonate
other people, particularly employees and representatives of Julia Noyel
or Our affiliates; and
- 9.1.7 You must not use Our
System for unauthorised mass-communication such as "spam" or
"junk mail".
- 9.2 You acknowledge that Julia
Noyel reserves the right to monitor any and all communications made to Us
or using Our System.
- 9.3 You acknowledge that Julia
Noyel may retain copies of any and all communications made to Us or using
Our System.
- 9.4 You acknowledge that any
information you send to Us through Our System may be modified by Us in any
way and you hereby waive your moral right to be identified as the author
of such information. Any restrictions you may wish to place upon Our use
of such information must be communicated to Us in advance and We reserve
the right to reject such terms and associated information.
10. Accounts
- 10.1 In order to procure
Services on this Website and to use certain other parts of the System, you
are required to create an Account which will contain certain personal
details and Payment Information which may vary based upon your use of the
Website as We may not require payment information until you wish to make a
purchase. By continuing to use this Website you represent and warrant
that:
- 10.1.1 all information you
submit is accurate and truthful;
- 10.1.2 you have permission to
submit Payment Information where permission may be required; and
- 10.1.3 you will keep this
information accurate and up-to-date. Your creation of an Account is
further affirmation of your representation and warranty.
- 10.2 It is recommended that
you do not share your Account details, particularly your username and
password. We accept no liability for any losses or damages incurred as a
result of your Account details being shared by you. If you use a shared computer,
it is recommended that you do not save your Account details in your
internet browser.
- 10.3 If you have reason to
believe that your Account details have been obtained by another person
without consent, you should contact Us immediately to suspend your Account
and cancel any unauthorised orders or payments that may be pending. Please
be aware that orders or payments can only be cancelled up until provision
of Services has commenced. In the event that an unauthorised provision
commences prior to your notifying Us of the unauthorised nature of the
order or payment then you shall be charged for the period from the
commencement of the provision of services until the date you notified us
and may be charged for a billing cycle of one month.
- 10.4 When choosing your
username you are required to adhere to the terms set out above in Clause
9. Any failure to do so could result in the suspension and/or deletion of
your Account.
11. Termination and
Cancellation of Accounts
- 11.1 Either Julia Noyel or
you may terminate your Account. If We terminate your Account, you will be
notified by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, We reserve the right to terminate without
giving reasons.
- 11.2 If We terminate your
Account, any current or pending orders or payments on your Account will be
cancelled and provision of Services will not commence.
12. Services, Pricing and
Availability
- 12.1 Whilst every effort has been made to ensure that
all general descriptions of Services available from Julia Noyel correspond
to the actual Services that will be provided to you, We are not
responsible for any variations from these descriptions as the exact nature
of the Services may vary depending on your individual requirements and
circumstances. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to variations of the correct
Services, not different Services altogether. Please refer to sub-Clause
13.8 for incorrect Services.
- 12.2 Where appropriate, you may be required to select
the required Plan of Services.
- 12.3 We neither represent nor warrant that such
Services will be available at all times and cannot necessarily confirm
availability until confirming your Order. Availability indications are not
provided on the Website.
- 12.4 All pricing information on the Website is
correct at the time of going online. We reserve the right to change prices
and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the
period between an order being placed for Services and Us processing that
order and taking payment, then the price that was valid at the time of the
order shall be used.
- 12.6 All prices on the Website do not include VAT. In
accordance with HM Revenue & Customs VAT Notice 700/1 (February 2014),
French Law and supplements thereof, Julia Noyel is not yet liable for VAT
and therefore not VAT registered and does not possess a VAT number.
13. Orders and Provision of
Services
- 13.1 No part of this Website
constitutes a contractual offer capable of acceptance. Your order
constitutes a contractual offer that We may, at Our sole discretion,
accept. Our acceptance is indicated by Us sending to you an order
confirmation email. Only once We have sent you an order confirmation email
will there be a binding contract between Julia Noyel and you.
- 13.2 Order confirmations
under sub-Clause 13.1 will be sent to you before the Services begin and
shall contain the following information:
- 13.2.1 Confirmation of the
Services ordered including full details of the main characteristics of
those Services;
- 13.2.2 Fully itemised pricing
for the Services ordered including, where appropriate, taxes, delivery
and other additional charges;
- 13.2.3 Relevant times and dates
for the provision of the Services;
- 13.2.4 User credentials and
relevant information for accessing those services.
- 13.3 If We, for any reason,
do not accept your order, no payment shall be taken under normal
circumstances. In any event, any sums paid by you in relation to that
order will be refunded within 14 calendar days.
- 13.4 Payment for the Services
shall be taken via your chosen payment method, immediately for any setup
fee that corresponds to the service plan you purchased and at the same day
of each subsequent month (“billing cycle”) for charges accrued during the
previous month (“billing cycle”) AND/OR as indicated in the order
confirmation you received.
- 13.5 We aim to fulfill your
Order within 2-3 working days or if not, within a reasonable period
following your Order, unless there are exceptional circumstances. If we
cannot fulfill your Order within a reasonable period, we will inform you
at the time you place the Order by a note on the relevant web page or by
contacting you directly after you place your Order. Time is not of the
essence of the Contract, which means we will aim to fulfill your Order
within any agreed timescales but this is not an essential term of the
Contract and we will not be liable to you if we do not do so. If the
Services are to begin within 14 calendar days of Our acceptance of your
order, at your express request, you will be required to expressly
acknowledge that your statutory cancellation rights, detailed below in
Clause 14, will be affected.
- 13.6 Julia Noyel shall use
all Our reasonable endeavours to provide the Services with reasonable
skill and care, commensurate with best trade practice.
- 13.7 In the event that
Services are provided that are not in conformity with your order and thus
incorrect, you should contact Us immediately to inform Us of the mistake.
We will ensure that any necessary corrections are made within five (5)
working days.
Additional terms and
conditions may apply to the provision of certain Services. You will be asked to
read and confirm your acceptance of any such terms and conditions when
completing your Order.
- 13.8 Julia Noyel provides
technical support via our online support forum and/or phone. Julia Noyel
makes any effort possible to respond to support requests within 24 hours
during European business hours (9am to 8pm ECT), but we do not guarantee a
particular response time.
14. Cancellation of Orders and
Services
We want you to be completely satisfied with the Products or Services you
order from Julia Noyel. If you need to speak to us about your Order, then
please contact customer care on +44 20 81441441, or by email at
[email protected] or write to us at our address (see section 1 above).
You may cancel an Order that we have accepted or cancel the Contract. If any
Specific Terms accompanying the Service contain terms about cancelling the
Service, the cancellation policy in the Specific Terms will apply.
- 14.1 If you are a consumer based within the European
Union, you have a statutory right to a “cooling off” period. This period
begins once your order is confirmed and the contract between Julia Noyel
and you is formed and ends at the end of 14 calendar days after that date.
If you change your mind about the Services within this period and wish to
cancel your order, please inform Us immediately using the following email:
[email protected]. Your right to
cancel during the cooling off period is subject to the provisions of
sub-Clause 14.2.
- 14.2 As specified in sub-Clause 13.6, if the Services
are to begin within the cooling off period you are required to make an
express request to that effect. By requesting that the Services begin
within the 14 calendar day cooling off period you acknowledge and agree to
the following:
- 14.2.1 If the Services are
fully performed within the 14 calendar day cooling off period, you will
lose your right to cancel after the Services are complete.
- 14.2.2 If you cancel the
Services after provision has begun but is not yet complete you will still
be required to pay for the Services supplied up until the point at which
you inform Us that you wish to cancel. The amount due shall be calculated
in proportion to the full price of the Services and the actual Services
already provided. Any sums that have already been paid for the Services
shall be refunded subject to deductions calculated in accordance with the
foregoing. Refunds, where applicable, will be issued within 5 working
days and in any event no later than 14 calendar days after you inform Us
that you wish to cancel.
- 14.3 Cancellation of Services after the 14 calendar
day cooling off period has elapsed shall be subject to the specific terms
governing those Services and may be subject to a minimum contract
duration.
15. Privacy
Use of the Website is also governed by Our Privacy Policy
(http://www.learnworlds.com/privacy-policy/) which is incorporated into these
Terms and Conditions by this reference. To view the Privacy Policy, please
click on the link above.
16. How We Use Your Personal
Information (Data Protection)
- 16.1 All personal information
that We may collect (including, but not limited to, your name and address)
will be collected, used and held in accordance with the provisions of the
Data Protection Act 1998 and your rights under that Act.
- 16.2 We may use your personal
information to:
- 16.2.1 Provide Our Services to
you;
- 16.2.2 Process your payment
for the Services; and
- 16.2.3 Inform you of new
products and services available from Us. You may request that We stop
sending you this information at any time.
- 16.3 In certain circumstances
(if, for example, you wish to purchase Services on credit), and with your
consent, We may pass your personal information on to credit reference
agencies. These agencies are also bound by the Data Protection Act 1998
and should use and hold your personal information accordingly.
- 16.4 We will not pass on your
personal information to any other third parties without first obtaining
your express permission.
17. Disclaimers
- 17.1 We make no warranty or
representation that the Website will meet your requirements, that it will
be of satisfactory quality, that it will be fit for a particular purpose,
that it will not infringe the rights of third parties, that it will be
compatible with all systems, that it will be secure and that all
information provided will be accurate. We make no guarantee of any
specific results from the use of our Service or Services.
- 17.2 No part of this Website
is intended to constitute advice and the Content of this Website should
not be relied upon when making any decisions or taking any action of any
kind.
- 17.3 No part of this Website
is intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable
endeavours to ensure that the Website is secure and free of errors,
viruses and other malware, you are strongly advised to take responsibility
for your own internet security, that of your personal details and your
computers.
18. Changes to the Facilities
and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions by law, these
changes will apply automatically to any orders currently pending in addition to
any orders placed by you in the future.
19. Availability of the
Website
- 19.1 The Website is provided
“as is” and on an “as available” basis. Julia Noyel uses industry best
practices to provide a high uptime, including a fault-tolerant
architecture hosted in cloud servers. We give no warranty that the Website
or Facilities will be free of defects and / or faults and we do not
provide any kind of refund for outages. We provide no warranties (express
or implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
- 19.2 We accept no liability
for any disruption or non-availability of the Website resulting from
external causes including, but not limited to, ISP equipment failure, host
equipment failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
affect the validity and enforceability of the remaining Terms and
Conditions. This term shall apply only within jurisdictions where a particular
term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise
any right or remedy contained herein, this shall not be construed as a waiver
of that right or remedy.
22. Previous Terms and
Conditions
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any
third party. The agreement created by these Terms and Conditions is between you
and LearnWolds Ltd.
24. Communications
- 24.1 All notices /
communications shall be given to Us either by post to Our Premises (see
address above) or by email to [email protected] Such notice will be
deemed received 3 days after posting if sent by first class post, the day
of sending if the email is received in full on a business day and on the
next business day if the email is sent on a weekend or public holiday.
- 24.2 We may from time to
time, if you opt to receive it, send you information about Our products
and/or services. If you do not wish to receive such information, please
click on the ‘Unsubscribe’ link in any email which you receive from Us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Julia Noyel
shall be governed by and construed in accordance with French law and Julia Noyel and you agree to submit to the exclusive jurisdiction of
the French Courts.
