LEWIVERSITY: TERMS AND CONDITIONS
Please read these terms and conditions (“Terms”) carefully when using this site.
LEWIVERSITY.com is a site operated by TEAM LEWIS (LEWIS Communications Limited), a limited liability company registered in England and Wales and known under company registration number 02370504. In these Terms we refer to LEWIVERSITY and TEAM LEWIS as “we”, “us” and “our”. The user or customer will be referred to as “You” and “Your”. Capitalised terms will have the meanings as set forth in these Terms.
LEWIVERSITY provides software training via webinars, online sessions and in person sessions in the field of marketing, PR and leadership thinking (“Course(s)” or “Online Content”). These Terms shall apply to You when we accept Your offer to purchase the Online Content that we provide through our website and any other websites we operate with the same domain name and a different extension (“Website”).
To this end, You agree to have entered into a binding, legal contract with us and acknowledge that You have read and agree to be bound by the Terms as set out below. If You do not agree with these Terms, please do not continue to use this Website.
Please read these Terms carefully before purchasing Online Content on our Website and print a copy off for Your reference.
1. Ordering Online Content
1.1 Before accessing our Online Content, You will have to warrant that:
- You have the legal capacity and have the authority to enter into a binding agreement;
- You are of majority age in the jurisdiction You reside in;
- You are authorized to use the debit or credit card You have provided to pay for Your Courses;
- You agree to creating a contractual relationship in which we provide You with Online Content in consideration for the fees You pay.
1.2 Account registration and Account use
- In order to access our Online Content, You must register for an account with us via the Website. If You do not have an account, You will not be able to access the Online Content.
- The unique username and password of Your account are personal and must remain confidential at all times – they cannot be shared or used by another individual to access the Online Content. You agree to provide complete and accurate information and You will update Your information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of Your login credentials as well as for all acts that occur under Your account. You agree to immediately notify us in the event of any unauthorized use of Your account or an alleged breach of security.
- We have the right to suspend or disable any username or password at any time, if in our reasonable opinion, You have failed to comply with any of the Terms or if we suspect that someone else is using Your login credentials.
1.3 You will be responsible to check that the computer and software You plan to use to access the Online Content is compatible with the minimum requirements that relate to the Course You are ordering. For further information on compatibility requirements please see the following link. You acknowledge and accept that we cannot be held responsible for any technical problems You encounter following the purchase of Online Content.
1.4 When placing an order for Online Content, You are offering to purchase the Online Content on these Terms. We reserve the right to decline or cancel Your order, or any part thereof.
1.5 For the avoidance of doubt, these Terms shall only apply once we have processed Your payment and we have received the payment in cleared funds as per clause 2 and You have received a confirmation email (within 24 hours) from us which will be sent to the registered email address You have provided.
1.6 We reserve the right to withdraw at any time the Online Content on our Website.
1.7 If You have any questions in relation to Your account or the Online Content on our Website, You may contact us by writing to us at [email protected] or at Floor 22, 21-24 Millbank Tower, London, SW1P 4RS, United Kingdom or by telephoning us on +44 20 7802 2626. We may contact You by writing to You at the registered email address You used when making Your booking.
2. Price and Payment
2.1 To access the Online Content, You will select a Course on the Website and You agree to pay the fees for that Course as set out on the Website. You agree to pay the fees in full prior to You getting access to the Online Content. Each Course shall be treated by us as a separate offer of purchase, even if You purchase multiple Courses. Acceptance of Your offer to purchase one or more Courses will not be an acceptance by us of Your offer to purchase any other Course which make up Your order.
2.2 Unless otherwise stated, fees shall include any applicable VAT. You are responsible for paying all fees and charges in a timely manner. If Your payment method fails, we may collect fees using other collection mechanisms.
2.3 Payment for Online Content can be made by debit or credit card. All our payments are processed by the third-party provider Stripe at the time of booking (“Payment Provider”) instead of processing directly Your debit/credit card information. For more information see our Privacy Policy. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting Your fees.
2.4 These Terms are subject to the terms and conditions and the privacy policy of the Payment Provider. At no time shall we be liable for any security issues or performance issues of the Payment Provider.
2.5 We may at our sole discretion change the fees of the Online Content or correct any errors in processing the payment without prior notice. If we notice a mistake in the fees of a particular Course displayed on the Website, we will notify You as soon as possible. You will have the opportunity to enroll again at the correct fee or You can cancel Your enrollment for the relevant Course in which case we will refund any payments made in relation to that Course.
2.6 You agree to pay all fees or charges to Your account in accordance with this section. You subsequently agree that:
(i) we are authorized to immediately invoice Your account for all fees due and payable to us;
(ii) we are authorized to share any payment information and instructions required with the Payment Provider to complete the payment information and instructions with a view of completing the payment;
(iii) no additional notice or consent is required for such authorizations.
2.7 Any payments not made with a debit card may be subject to a fee.
3. License to the Online Content
3.1 By purchasing any Course, You are granted a non-exclusive, non-transferable, non-sublicensable and revocable right to access, view and use the Online Content and the Website for internal personal or business purposes as the case may be (“License”). At no time shall You use the Online Content for commercial purposes. This License shall expire as indicated on the individual training modules. In the event the training module does not stipulate an expiry date, the License shall exist as long as the training modules is displayed on our Website.
3.2 We and our licensors remain at all times the owners of all intellectual property related to the Online Content and the Website, including but not limited to copyright and trademark. Except as permitted by national applicable laws, You may not use, record, copy, download, distribute, reproduce, modify transfer, sell or resell or otherwise exploit any Online Content or any party of the Website in any manner without the express written consent of us. To the extent our Website incorporates third party content, You must not use any part of the content without obtaining a licenses from the relevant rightsholder.
3.3 In addition, You shall not use the Online Content or Website:
(i) in a manner that violates applicable law of Your country or breach any of Your obligations under these Terms;
(ii) with a view of unlawful, unauthorized, fraudulent, or malicious purpose that causes or may cause us harm;
(ii) in a manner that violates our intellectual property;
(iii) in an attempt to access another user’s account;
(iv) to misuse or tamper, directly or indirectly with our IT systems.
3.4 You may provide general information about the Online Content or our Website on social media or online. However, You may not use any extracts or information without our prior permission. Any posts published should accredit TEAM LEWIS or LEWIVERSITY at all times.
3.5 Any violation of ours or third-party intellectual property rights displayed in the Online Content and on the Website shall constitute an infringement of our copyright and other intellectual property rights and/or the copyright or other intellectual property right of our licensors. Violation of this clause shall result in the immediate termination of access to the Online Content by revoking Your License without a refund. In the event of Your License is revoked, You must at our option return or destroy and certify You have done so any material copies of the Online Content or third party intellectual property rights.
4. Warranties and Representations
4.1 We will use our reasonable skill and care to provide Online Content featuring on our Website. The Online Content is presented by established professionals in the industry but remains general in its nature. For more in-depth training session, please contact us as per 1.7.
4.2 We therefore make no representations or warranties whatsoever that the Online Content on our Website is accurate, reliable complete and up-to-date. The Online Content and the Website are given “AS IS”. We do not make a commitment that You will obtain any particular result from the Online Content and will meet any expected business requirements.
To this end, You acknowledge and agree that we cannot and do not represent, warrant or guarantee that:
- The Online Content and Website is free of errors, defects and harmful components;
- The Online Content and Website is accessible, secure at all times;
- The Online Content or the information You supplied will be secure or not otherwise lost or damaged.
- any third-party tool or services included in or made available through the Services will be available or continue to be available or will meet your expectations or business requirements
4.3 To the extent permitted by applicable law, we expressly disclaim all express and implied warranties including but not limited to the implied warranties of merchantability, fitness for a particular purposes, title and non-infringement.
4.4. You will conversely represent and warrant that You do not directly or indirectly:
(i) use the Online Content or Website for or in connection with any illegal or unauthorised purpose or in a manner that (a) infringes, violates or misappropriate any rights of any person, including intellectual property, confidentiality or privacy rights, (b) is harmful, fraudulent, deceptive, misleading, threatening or harassing, defamatory, offensive, biased, obscene, vulgar, indecent, menacing, tortious or otherwise objectionable, (c) violates the security of any computer network, or crack any passwords or security encryption codes;
(ii) reverse engineer, decompile, disassemble, decrypt or otherwise attempt to discover the code or underlying structure, ideas, know-how or algorithms relevant to Online Content or Website, or write or develop any program based on the Website or any portion thereof, in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
(iii) circumvent or attempt to circumvent any limitations imposed on your account including any license, timing or use restrictions that are built into Online Content or Website;
(iv) modify, translate, or create derivative works based on the Website or any software, hardware, documentation or data related to the Website, in whole or part, or reproduce, duplicate, copy, or exploit any portion thereof
(v) upload, transmit, disseminate or use the Online Content and Website to send or store malicious code, including any worms, viruses, Trojan horses, or any other software or code of a destructive nature;
(vi) use the Services to collect or store any sensitive information.
5. Cancellation and Right of withdrawal
5.1 We appreciate You may change Your mind when purchasing certain Online Content. Where we have accepted and confirmed the purchase of the Online Content by You, You have the right to cancel the Online Content within 14 calendar days from the date on which the contract is concluded as per 1.5 without giving a reason and by writing to us as set out in clause 1.7. If we receive Your request within 14 days from the conclusion of the contract and You have not accessed the Online Content, we shall refund the fees paid. You agree that You will waive Your right of cancellation from these Terms once the download or streaming of the Online Content has begun.
5.2 Notwithstanding clause 5.1, there is no other right to cancel or vary Your purchase and any cancellation or variation will be to at our entire discretion and may be subject to an administration cost which shall be disclosed in advance.
5.3 Nothing in this clause will limit or otherwise affect the operation of any of Your rights which cannot be excluded under applicable law.
5.4 Refunds under this clause shall at all times be made to the person or company who made the original payment.
6. Termination
6.1 We and You may in our sole discretion terminate these Terms for convenience at any time upon written notice. Except as in clause 5.1, no refunds shall be payable to You.
6.2 We may upon written notice terminate these Terms and any services provided with immediate effect in the event of a breach of these Terms. You understand and agree that You will not receive a refund or compensation.
6.3 Upon termination, You will no longer be able to use Your License and access the Online Content. You must immediately return or destroy any information, materials or content containing our intellectual property in Your possession.
6.4 We shall not be in breach of these Terms nor liable for delay in performing or failure to perform, any of our obligations under these Terms if such delay or failure is the result of force majeure events or unforeseeable events beyond our control.
7. Data Protection and Security
7.1 We may collect personal information about You when enrolling for the Course, to contact You and communicate with You. By agreeing these Terms, You agree to our Privacy Policy.
7.2 We do not accept liability for any damage to computer systems, mobile phones and other electronic devices arising in connection with accessing the Online Content or our Website. You should take Your own precautions to ensure that Your own devices do not expose You to any viruses etc.
7.3 Unless You contact us to request otherwise, You agree that we may share Your information to our affiliates belonging to the same TEAM LEWIS group who may contact you to inform You of other services we provide. In the event You do not wish to receive such marketing information, an email can be sent to the contact details in clause 1.7.
8. Third party providers
8.1 We may collaborate with third parties providers (including third-party platforms) to which third party terms and conditions may apply. Your use of the Online Content and the Website is subject to any applicable third-party terms and conditions; and You agree to familiarize yourself with all applicable third-party terms and conditions.
8.2 To the maximum extent permitted under applicable law and our agreements with third parties, we will not be liable for any acts or omissions of those third parties, including in relation to any fault or error in the provision of Online Content or issues experienced in the enrolment of the Courses.
8.3 You understand that the Online Content or Website may contain, text, images, data and other content provided by a third party that does not belong to us (“Third Party Content”). We accept no liability for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability or completeness of Third Party Content.
8.4 The Third Party Content may contain links to other websites that are not out responsibility and over which we do not exert control. You agree that You access such websites on Your own accord and familiarize yourself with the Terms and Conditions of said website. We will use reasonable efforts to reference the third-party site if possible.
9. Liability
9.1 To the maximum permitted by law, we limit all liability to any person for loss of damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Online Content, Website or other services provided by us to the value of the Fees (if any) paid for an Online Course.
9.2 Under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or loss of business opportunity, loss of goodwill, loss of profits or revenue arising under or in connection with the Online Course, Website or services or Terms.
9.3 The exclusions and limitation contained in these Terms do not apply to a our liability: (i) for fraud or willful default, (ii) for death or personal injury caused by our negligence or (iii) where such limitation of liability cannot be lawfully excluded.
9.4 You indemnify us and our officers, employees, assigns and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from a breach or an alleged breach of these Terms by You.
10. Disputes
10.1 Upon giving written motivated notice, we and You must use its best efforts to resolve the dispute in good faith by escalating any issue prior to staring legal proceedings.
11. Jurisdiction
11.1 You agree that these Terms and any legal action relating to this Site shall be governed by the laws of England and Wales without giving effect to any law or statutory provision which would require or permit the application of the laws of another jurisdiction. Any dispute arising out of or in connection with these Terms or any contractual or non-contractual obligations connected to these Terms will be exclusively settled by the competent court in Courts of England and Wales, excluding its conflicts of law provisions.
11.2 This section shall not deprive You of any mandatory consumer protections under the law of the country to which we direct Services to You, where You have Your habitual residence.
12. General
12.1 Waiver of Rights - No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
12.2. Severability - Any terms which are wholly or in part void or unenforceable are severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected and shall remain in full force and effect.
12.3. Assignment - You cannot assign, novate or transfer any of its rights or obligations without the prior consent of us. We can assign the rights or novate these terms in whole or in part without Your consent.
12.4. Export Controls - By using our Services, You warrant that You are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. embargoed territory as indicated under US laws of Your local jurisdiction from time to time. The use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
12.5. Entire Agreement – These Terms constitute the entire agreement and understanding between us and supersedes and replaces any other terms previously published by us.
12.6 Third party rights – These Terms between us and You are not intended for any other person and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
12.7 Updates - We may update or amend these Terms from time to time to comply with the law or to meet other business requirements without notice to You. Any updates or changes will be posted on our Website.