Terms and Conditions

Website: Terms and Conditions of Use

1.   Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you register with our website, submit any material to our website or use any of our services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.   Credit

2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3.   Copyright notice

3.1 Copyright (c) 2019 LD Learning Support.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.   Licence to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

     subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5.   Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our website; or

(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

6. Limited warranties

6.1  We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

7. Limitations and exclusions of liability

7.1  Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

7.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

7.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

7.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8 Basis of Agreement 

8.1 The booking information form constitutes an offer by the Customer to purchase the Services subject to and in accordance with the terms and conditions of the Agreement. 

8.2 The offer comprised in the booking information form shall be deemed to be accepted by the Supplier on receipt by the Customer 

9 Supply of Services 

9.1 In consideration of the Customer’s agreement to pay the Charges, the Supplier shall supply the Services to the Customer for the Term subject to and in accordance with the terms and conditions of the Agreement.  

9.2 In supplying the Services, the Supplier shall: 

9.2.1 co-operate with the Customer in all matters relating to the Services; 

9.2.2 perform the Services with all reasonable care, skill and diligence in accordance with good industry practice in the Supplier’s industry, profession or trade;   

9.2.3 use Staff who are suitably skilled and experienced to perform tasks assigned to them, and in sufficient number to ensure that the Supplier’s obligations are fulfilled in accordance with the Agreement; 

9.2.4 ensure that the Services shall conform with all descriptions and specifications set out in the Specification; 

9.2.5 comply with all applicable laws; and 9.2.6 provide all equipment, tools and other items as are required to provide the Services. 

9.3 The Customer may by written notice to the Supplier at any time request a variation to the scope of the Services.  It is at the discretion of the supplier whether to agree to any variation. In the event that the Supplier agrees to any variation to the scope of the Services, the Charges shall be subject to fair and reasonable adjustment to be agreed in writing between the Customer and the Supplier.   

10. Charges, Payment and Recovery of Sums Due 

10.1 The Charges for the Services shall be as set out in the booking information form and shall be the full and exclusive remuneration of the Supplier in respect of the supply of the Services.  Unless otherwise agreed in writing by the Customer, the Charges shall include every cost and expense of the Supplier directly or indirectly incurred in connection with the performance of the Services.  

10.2 The Supplier shall invoice the Customer as specified in the Agreement - this is part of the Booking Information Form.  Each invoice shall include such supporting information required by the Customer to verify the accuracy of the invoice, including a breakdown of the Services supplied in the invoice period.   

10.3 In consideration of the supply of the Services by the Supplier, the Customer shall pay the Supplier the non-refundable deposit no later than 7 days after receipt of the booking information form.  

10.4 The deposit is considered non-refundable in all instances.

10.5 The Supplier shall not suspend the supply of the Services unless the Supplier is entitled to terminate the Agreement for a failure to pay undisputed sums in accordance with clause or in the following instances:

10.6 The Supplier reserves the right to cancel bookings in the following situations:

10.6.1 Rudeness or abuse 

10.6.2 Failure to provide necessary paperwork at the pre-agreed time

10.6.3 Failure of payment

10.6.4 Failure to provide an adequate room for assessments in the case of an assessment taking place off-site or online

10.6.5 Failure to complete relevant agreement forms pertaining to online assessments

10.6.6 Failure to disclose information that is relevant to the Services offered

10.6.7 Danger to any party

11. In    respect  of    any    Service  for  Assessment, Tutoring, Training/Consultancy,  

11.1 Provided any no show or short cancellation will mean that the Customer pays  the  full  costs  as  below: 

11.1.2  Payment and  Deposit  will  be non-refundable unless otherwise  agreed. 

11.1.2  In  respect  of  any   type  of  Service  provided,  in  order  to  cancel  the service,  the  customer  shall  provide  the  Service  Provider  with  the  appropriate written notice. 

11.1.3 Should the Customer fail to follow the online assessment agreement, the assessment will be cancelled.

12. Cancellation or Postponement of appointment

12.1 Every  effort  will  be  made  to  provide  the  Services  in  accordance  with  the  terms  of the  agreement,  however,  if  the  Service  Provider  is  unable  to  fulfil  the  terms  of the  agreement  on  the  agreed  date(s)  due  to  illness  or  other  unpreventable circumstance,  the  Service  Provider  will  make  reasonable  adjustments  as appropriate. 

12.2 The  Customer  shall  not  be  charged  the remaining balance for  cancelling  a  service  where  the  Customer provides  more  than 7  days written  notice  to  cancel  the  service.  

12.3 Should      the      Customer      fail      to      give    at   least  7  days    written    notice    of circumstances    that    would    prevent    the    fulfilling    of    the    contract,    the  Service Provider  reserves  the  right to charge  under  the  terms  of  the  agreement. 

12.4 For the avoidance of doubt,  if  the service  is  being  delivered as  part  of  a  service agreement,  then  the  terms  of  the  cancellation  policy  shall  apply  unless sufficient notice to  cancel  the  service has  been  given,  or  the  Service Provider waives the right  to  charge  for  the  cancellation  of  the  service  due  to  the  particular circumstances  involved. 

12.5 Should the Customer fail to give at least 14 days written notice of postponement of appointment, the Service Provider reserves the right to charge a new deposit to secure a future date.

12.6 Should the Customer postpone an appointment more than once, the Service Provider reserves the right to charge a new deposit to secure a future date.

13. Variations to this agreement.

13.1  The  Service  Provider  shall  not  be  required  to  provide  any  additional  services  or to  carry  out  variations  or  amendments  to  the  agreed  services  unless agreement  has  been  reached  between  the  Customer  and  the  Service  Provider  as to  any  increase  in  charge  and/or  Additional  charges  for  such  additions  and/or variations  to  the contract. 

13.2  The    Contract    may    only    be    varied    or    amended    with    the    written    agreement    of both  parties.    

13.3 The  details of  any  variations  or    amendments    shall  be    agreed  in writing  between    the  parties    and    shall  not    be    binding    upon    the    parties    unless completed  in  accordance  with  such  form  of  variation. 

13.4 For  the  avoidance  of  doubt,  any  agreed  variation  or  amendment  described  in Clause 13.1  shall be  in writing, shall be  expressed  to  be  a  variation  to  these  terms and conditions  in  accordance  with  this  Clause  10 and shall  be  signed  by  or on behalf of  the  Customer  and  the  Service Provider. 

13.4       The    Service    Provider    reserves    the    right    to    modify    or    withdraw  services  on  LD Learning Support  Website.  The  Service Provider  does  not  have  to  offer  an  alternative  package  or services  and may  need  to  increase  or  decrease  its  charges  in  line  with  its  services  requirements which  may  defer  from  the  original  charge  that  was  published  on website. 

14. Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise;

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation).

14.3  We may revise these terms and conditions from time to time.

14.4  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.5  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1  Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with UK law.

19.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of United Kingdom.

20. Statutory and regulatory disclosures

20.1  We are registered as LD Learning Support with SASC in the United Kingdom and are subject to their regulations, which can be found at www.sasc.org.uk

21. Our details

21.1  This website is owned and operated by Louise Diggory.

21.2  We are registered in England and our registered office is at 14 Friars Wood, Bishop's Stortford.

21.3  Our principal place of business is at 14 Friars Wood, Bishop's Stortford.

21.4  You can contact us:

(a) using our website contact form

(b) by email

(c) by telephone