Definitions:
Business Customer – a customer purchasing a Course/Courses for use by their employees to improve the wellbeing of the employees in their business/workplace.
Consumer – A customer acting wholly outside of their trade, purchasing a course to improve their comfort and wellbeing.
Course – Courses available for purchase as listed on www.habilitar.co (the “Site”).
Course Content – videos, audio files, images, graphics, text, transcripts, presentation slides, quizzes and downloadable documents provided on the Course.
Intellectual Property Rights – patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our Courses to you.
1.2 Why you should read them. Please read these terms carefully before you purchase a Course. These terms tell you who we are, how we will provide the Courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
1.4 We do not accept orders from children. You must be over the age of 18 to purchase a Course from our Site. For Courses aimed at children under the age of 18, we require the permission of a parent or guardian prior to purchase.
- Information about us and how to contact us
2.1 Who we are. We are Habilitar Ltd, a company registered in England and Wales. Our company registration number is 13087669 and our registered office is at 61 Bridge Street, Kington, HR5 3DJ.
2.2 How to contact us. You can contact us by writing to us at [email protected] and 61 Bridge Street, Kington, HR5 3DJ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
3. Our contract with you
3.1 How we will accept your purchase. Our acceptance of your purchase will take place when we send you an acceptance email, at which point a contract will come into existence between us.
3.2 If we cannot accept your purchase. If we are unable to accept your purchase, we will inform you of this in writing and will not charge you for the Course. This might be because of unexpected technical errors which we could not reasonably plan for, or because we have identified an error in the price or description of the Course.
3.3 We do not sell to the USA, Australia or Canada. Unfortunately, we do not accept purchases from addresses in those countries. If you have attempted to purchase a Course in one of these countries and have been successful in your purchase, please contact us on [email protected]
3.4 Some courses may not be available to you. Unfortunately, we do not sell all of our courses to the EU. If you reside in the EU, please read the full Course description before purchasing.
- Your rights to make changes
4.1 If you wish to change the Course you have purchased please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Course, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
- Our rights to make changes
5.1 Minor changes to the Courses. We may update or change the Courses:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
- Our courses
6.1 Our Courses are made up of the Course Content. Some Courses may contain an online consultation.
6.2 After purchasing a Course, you may receive some of the Course Content via email. You will be able to access the Course Content via the integrated LearnDash platform on the Site for a period of time as specified in the description of the Course. To access the Course Content you will be prompted to set-up an account at checkout and will be sent a confirmation via email.
6.3 If you are provided with a username, password or any other piece of information to access the Course Content, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected]
6.4 If the Course you have purchased contains an online consultation, you will be subject to further terms and conditions which will be provided to you separately via email.
- Providing the course content
7.1 When we will provide the Course Content. We will provide access to information and any Course Content as soon as your purchase is accepted. Any Course Content available for download by you will become available as soon as we accept your purchase.
7.2 We are not responsible for delays outside our control. If our supply of the Course Content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Courses you have paid for but for which you have not received the Course Content.
7.3 Reasons we may suspend or terminate your access to Course Content. We may have to suspend or terminate your access to the Course Content:
(a) to deal with technical problems or make minor technical changes;
(b) to update the product to reflect changes in relevant laws and regulatory requirements;
(c) if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7.4 If we are going to suspend or terminate your access. We may write to you to let you know that we are going to suspend or terminate your access to the Course Content. We will let you know at least 5 working days in advance (unless the problem is urgent or an emergency) of our suspending or terminating your access to the Course Content and will refund any sums you have paid in advance for any Course Content which has not and will not be provided.
- Your use of the Course Content.
8.1 We are the owner or the licensee of all Intellectual Property Rights in our Course Content, and in all the materials contained in it. Those works are protected by copyright laws and other Intellectual Property Rights. All such rights are reserved.
8.2 You may print off one copy, and may download any Course Content marked ‘downloadable’, for your personal use or for use within your organisation (if you are a Business Customer). All other Course Content cannot and must not be downloaded, printed off, screenshot or screen recorded.
8.3 You must not modify the paper or digital copies of any Course Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial purpose.
8.4 You must not use any part of the Course Content for commercial purposes, except if our permission is expressly granted.
- Your rights to end the contract.
You may be able to end your contract with us. Your rights when you end the contract will depend on what type of customer you are (Consumer or Business Customer), whether there is anything wrong with the course you have purchased, how we are performing and when you decide to end the contract:
a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract:
If you have any questions or complaints about the course, please contact us. You can write to us at [email protected] or 61 Bridge Street, Kington, HR5
Summary of your legal rights. We are under a legal duty to supply courses that are in conformity with this contract. Your legal rights in relation to the Course Content to be provided under this contract are set out below:
(a) If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
(b) If your digital content is faulty, you’re entitled to a repair or a replacement.
(c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
(d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
b) If you want to end the contract because of something we have done or have told you we are going to do:
If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any Course Content which has not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Course or Course Content or these terms which you do not agree to;
(b) we have told you about an error in the price or description of the Course you have purchased and you do not wish to proceed;
(c) there is a risk that your access to the Course Content may be significantly delayed because of events outside our control;
(d) we have suspended your access to the Course Content for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 14 days; or
(e) you have a legal right to end the contract because of something we have done wrong
c) If you have just changed your mind about the product:
You may be able to get a refund if you are within the cooling-off period, but this is subject to exceptions;
If you are a Consumer, you have 14 days after the day we email you to confirm we accept your purchase, or, if earlier, until you start accessing, downloading or streaming the Course Content to change your mind. Should you wish to exercise your right to change your mind, please contact us on [email protected], you may be entitled to a refund.
Exceptions to this clause: In some circumstances you will not have a right to change your mind, as set out below:
(a) If we delivered the Course Content to you immediately, and you agreed to this when ordering;
(b) If you are a Business Customer.
- How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, details of the purchase and, where available, your phone number and email address.
10.2 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the Course to the method you used for payment.
10.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- Our rights to end the contract
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make the payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your email address;
(c) we believe that you have misused the Course Content;
(d) we believe that you have breached these terms.
- Price and Payment
12.1 Where to find the price for the product. The price of the product will be the price indicated on the Site at the time of purchasing the course. We use our best efforts to ensure that the price of the product advised to you is correct.
12.2 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the courses we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.
12.3 When you must pay and how you must pay. We accept payment by credit and debit cards through Stripe and Paypal via our website. Payment must be made at the time of purchase.
- Our responsibility and liability
13.1 The Course Content. The Course Content is provided for general information only and is not a substitute for medical advice. Habilitar Ltd makes no guarantee as to any results or consequences of using the Course Content.
13.2 Seeking medical advice. You must obtain professional or specialist medical advice before taking, or refraining from, any action on the basis of the Course Content. If you require individual advice for specific issues or health concerns, please consult a health professional. You should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment based on any of the Course Content.
13.3 We will not be held responsible or liable for your use of the Course Content. You agree that you are solely responsible for carrying out the exercises contained in the Course Content safely and responsibly in line with the instructions and disclaimers provided. You agree that you have sought medical advice before carrying out the exercises. By proceeding with the purchase of the Course, you acknowledge that you have sought appropriate medical advice, read the disclaimers provided and still wish to proceed. We will not be held liable for any consequences that occur from your use of the Course Content.
13.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the courses, including the right to receive courses which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality and fit for purpose.
13.5 Defective content. If defective digital Course Content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.6 We are not liable for business losses. If you use the Course Content for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- How we may use your personal information
14.1 We will only use your personal information as set out in our Privacy Policy.
- Other important terms
15.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.