Terms and conditions - Courses for Smart Phone Videos

Standard Terms and conditions

Purchase of Smartphone video for smart people and
Smartphone video for smart vloggers online courses

These terms and conditions apply to courses provided by Violet Productions Limited (Company number 3988519 ) of 27 Mortimer Street, London, W1T 2BL UK with VAT registration number 761175042 (“Violet Productions Limited” or “we” or “us”).

You may contact us on webfilm@violetproductions.com and/or +44 7900 496476 These terms and conditions apply to the sale of any online course. Please read these terms and conditions carefully before purchasing an online course and print off a copy for your records.

For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. DEFINITIONS
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, video 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 Violet Productions Limited to accompany a course provided as part of the Services listed as copy under the video modules.
“Fees” means the fees paid by you to Violet Productions Limited 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 by video training remotely.
“Services” means the provision of the Online course and the course materials purchased by you through the Website or by telephone.
“Website” means www.violetproductions.com

2. PURCHASING ONLINE COURSES VIA THE WEBSITE
2.1 Following receipt by us of your order for a course via the Website we will contact you confirming receipt of your order.
2.2 A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase a course from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 4 below.
2.3 Where your order consists of multiple Online 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.
2.4 Violet Productions Limited does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the information provided to you by Violet Productions Limited.

3. CANCELLATION AND VARIATION
3.1 Subject to clause 3.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 2.2 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.3 to cancel your purchase of the Services.
3.2 If you have purchased an Online course and have already accessed, all or part of the Online course and/or started to use that Online course then you shall have no right to cancel your order.
3.3 Notwithstanding clause 3.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Violet Productions Limited.

4. FEES
4.1 The Fees for the course shall be as set out on the Website.
4.2 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.
4.3 Fees for the course selected by you on the Website shall be paid for through Paypal. Fees must be paid in full prior to you accessing any Online Course.
4.4 Any fees charged by Paypal in connection with your purchase of the course are for your own account and Violet Productions Limited shall not be responsible for these.
4.5 You shall be responsible for all costs you incur in connection with your access onto any Online course.

5. LIABILITY
5.1 Although Violet Productions Limited aims to provide the Services to the highest standards of the industry, neither it, nor its trainer Jay Hunt accept any liability for (i) any inaccuracy or misleading information provided in the course videos and 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.
5.2 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 5.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
5.3 Subject to clause 6.3 below, Violet Productions Limited’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 in relation to which a dispute has arisen.
5.4 Nothing in this Agreement shall exclude or limit Violet Production Limited’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.
5.5 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.

6. INTELLECTUAL PROPERTY
6.1 All Intellectual Property Rights in the Online course and the speeches made by Jay Hunt at the taught Courses are, and remain, the intellectual property of Violet Productions Limited, whether adapted, written for or customised for the Client or not.
6.2 You are not authorised to:-
(i) copy, share, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Online course videos or materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online course given
(iii) use the Course videos or materials in the provision of any other course or training
(iv) remove any copyright or other notice of Violet Productions Limited 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 6.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any access to the Online Courses.
6.3 In consideration of the Fees paid by you, we grant to you a limited, nontransferable, 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 the ability to do so from two separate devices.

7 CONFIDENTIALITY
7.1 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.
7.2 Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
7.3 This clause shall continue notwithstanding termination of these terms and conditions.

8.00 TERMINATION
8.1 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: a. fail to pay when due your Fees;
b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any representative of Violet Productions Limited
8.2 On termination clause 5 (liability), 6 (intellectual property rights) and 7 (confidentiality) and 8 (termination) shall continue notwithstanding such termination.

9. ASSIGNMENT
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

10. ENTIRE AGREEMENT
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

11. FORCE MAJEURE
Violet Productions Limited shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, pandemics, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

12. ASSIGNMENT RIGHTS
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

13. DATA PROTECTION
13.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
13.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
13.3 We may also use the above Data, and similar Data you provide us in response to surveys and to aggregate user profiles. We will not pass any personal data onto anyone outside of Violet Productions Limited
13.4 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
13.5 We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
13.6 Our products do not link to any third party websites.
13.7 Violet Productions Limited endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
13.8 If you wish to change or update the data we hold about you, please e-mail us on webfilm@violetproductions.com or contact us on + 44 7900 496476

14. LAW AND JURISDICTION
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

15. NOTICES
You can contact us by any of the following methods:
Email:webfilm@violetproductions.com
Post: Smartphone video courses, Violet Productions Limited, 27 Mortimer Street, London, W1T 3BL
Telephone: +44 7900 496476