Terms and Conditions
General terms and conditions for online and taught courses Standard Terms for the Purchase of Online and Taught Courses These terms and conditions apply to Services provided by Mr Simon Cohen Ltd (company number 08469536) of Unit 6, Riverside Business Centre, Brighton Rd, Shoreham-by-Sea BN43 6RE with VAT number 177 4917 64 (“Mr Simon Cohen Ltd” or “we” or “us”). You may contact us on firstname.lastname@example.org or through the contact page on https://mrsimoncohen.com:4000/contact. These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records. If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
- Website Disclaimer.
1. Definitions“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 Mr Simon Cohen Ltd to accompany a course provided as part of the Services in hard copy or electronic form. “Fees” means the fees paid by you to Mr Simon Cohen Ltd for the Services. “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, 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 Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone. “Taught Course” means a course taught by us in a classroom setting to which you attend in person. “Website” means mrsimoncohen.com “you” means the individual purchasing the Services.
2. The Services2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the 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 Services described on the Website without notice. 2.3 We expect you to confirm that the 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 Services.
3. Ordering ServicesPurchasing Services via the Website 3.1. In order to purchase any of the Services on-line you must click on ‘Register and Book’ on the specific course page on mrsimoncohen.com, and pay via PayPal 3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. Mr Simon Cohen Ltd 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 3.4 below. 3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order. 3.4. 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. 3.5. Where your order consists of multiple Online Courses or multiple Taught Courses , each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
- Cancellation and Variation
5. Fees5.1. The Fees for the Services shall be as set out on the Website 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 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 prior to your purchase the Services. 5.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course. 5.4. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Mr Simon Cohen Ltd shall not be responsible for these. 5.5. 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.
6. Liability6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice. 6.2. Although Mr Simon Cohen Ltd aims to provide the Services 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. 6.3. 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 Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description). 6.4. Subject to clause 6.5 below, Mr Simon Cohen Ltd'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 (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 or Taught Course in relation to which a dispute has arisen. 6.5. Nothing in this Agreement shall exclude or limit Mr Simon Cohen Ltd’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. 6.6. 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. Intellectual Property7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Mr Simon Cohen Ltd 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 without prior written permission; (ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course 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 Mr Simon Cohen Ltd on the Course Materials; (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 sole purpose of completing the Online Course and / or attending the Taught Course.
8. Confidentiality8.1. 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. Termination9.1. 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 Mr Simon Cohen Ltd, any teacher, guest or lecturer who provides the Taught Courses or any student who attends any 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 on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.