Course material download terms and conditions
These template terms and conditions were created to cover the sale and supply of downloadable training / educational course materials.
The terms and conditions do not assume that the course materials are of any particular type. The materials may include written works, images, audio files and/or video files. Nor do the terms and conditions assume that the course materials cover a particular subject matter. From philosophy to cookery, from marketing to creative writing, and from sports instruction to critical studies - anything might be covered. However, some types of instruction (e.g. instruction on high-risk sports) will benefit from specific disclaimers of liability. Only general disclaimers of liability are included with this document.
Two different clauses are included providing for the cancellation of contracts made under these terms and conditions. The first, which is entirely optional, allows for cancellation by all customers within a defined time period following purchase. The second, which must be included wherever the distance selling rules apply, provides for a much more limited right for consumers to cancel.
The document does assume that the materials are downloadable. Accordingly, this document is not suitable for subscription based online courses - as to which see training course website terms and conditions or our cloud services terms and conditions.
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Course material download terms and conditions contents
- Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
- Interpretation: informal definitions for download terms and conditions.
- Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
- Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
- Payments: payment of download prices; methods of paying prices.
- Licensing of course materials: format and supply of downloads; grant of licence to use downloads; permitted uses of written course materials; prohibited uses of written course materials; warranty of ability to use downloads; all rights in downloads reserved; retention of proprietary notices in downloads; rights granted are personal; licence to use downloads terminates upon breach; termination of download licence by deletion; consequence of termination of licence to use downloads.
- Guarantee: cancellation right for all customers: provisions apply to all customers; money-back guarantee for digital content; limitations on money-back guarantee for digital content; refund method; no abridgment of consumer statutory rights.
- Distance contracts: cancellation right for consumers: cancellation right for consumers; cancellation right for digital content; consumer agreement to provision of digital content; exercise of cancellation right; full refund upon distance contract cancellation; refund method; refund timing for services and digital content.
- Warranties and representations: customer warranties and representations; warranty relating to digital content (B2B); warranties relating to digital content (B2C or mixed); no implied warranties or representations relating to supply of intangibles.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Variation: revision of document by publishing new version on website; variations govern future contracts.
- Assignment: assignment by first party (with consumer rights); assignment by second party.
- No waivers: no unwritten waivers of breach; no continuing waiver.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - sale and licensing of downloads.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.
- Our details: website operator name; company registration details; place of business; contact information.
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| Version | 1.3 |
|---|---|
| First published | 1 Sep 2016 |
| Last updated | 15 Mar 2021 |
| Law | English law and EU law |
| Language | English (UK) |
| †Word count | 5,908 |
| †Template pages | 8 |
