OUR TERMS AND CONDITIONS OF SUPPLY (Professional Training – Online Courses)

 

  1. THESE TERMS

 

  • What these terms cover. These are the terms and conditions on which we provide our online professional skills courses (“the/our Course/s”) to you.

 

  • Why you should read them. Please read these terms carefully before you sign up to our Courses. These terms tell you who we are, how we will provide the Course to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
  • You can only subscribe to our Courses as a business customer. You are a business customer if you sign up to the Course for the purpose relating to your trade, business, craft or profession. This means that you will have different rights under these terms than a consumer, who buys products or services wholly or mainly for personal use.

 

  • These terms constitute the entire agreement between us in relation to your subscription. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    • Who we are. We are Hayley Akins Limited trading as Motion Hatch, a private limited company registered in England with company number 09707945 and registered address at Colony, One Silk Street, Ancoats, Manchester, M4 6LZ.
    • How to contact us. You can contact us by writing to us at hello@motionhatch.com or Colony, One Silk Street, Ancoats, Manchester, M4 6LZ.
    • 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.
    • ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
  2. WHEN YOU ARE ALLOWED TO CONTRACT WITH US

    You must be 18 or over to register on or use our website https://motionhatch.com/ (our Site). By using our Site, you represent and warrant that you have the right, authority and capacity to enter in this agreement and to abide by these terms and conditions.

  3. OUR CONTRACT WITH YOU

    • How we will accept your order. Our acceptance of your order will take place when you receive an email from us acknowledging that you have made the payment in full or paid the first instalment of your payment plan. At this point a contract will come into existence between you and us.
  4. OUR RIGHT TO MAKE CHANGES TO THE COURSE

    • Subject to our right to amend the specification (see Clause 5.2) we will supply the Course to you in accordance with the specification for the Course appearing on our website at the date of your subscription in all material respects.
    • Minor changes to the Course. We may change the specifications of the Course or digital content such as learning material you can download as part of the Course –
      • to reflect changes in relevant laws and regulatory requirements;
      • to reflect changes in professional practice; or
      • to respond to a demand for changes by our customers if we deem these changes would result in a better product or service.
  1. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

    • “Intellectual Property Rights” means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same.
    • All Intellectual Property Rights in our Courses and digital content are owned by us or licensed to us with a right to sub-license to you.
    • You have a non-exclusive, non-transferable and royalty-free licence to reproduce digital content such as teaching material only for the purpose of supporting your learning during the Course and up to one year after the Course ends. This means that, when you download digital content, you do not automatically own copyright in the digital content (which remains with us). You must not “re-sell”, sub-license, publish, copy or distribute our digital content such as learning material (in whole or in part) for use by any third party without our permission.
    • You must not use digital content provided as part of the Course for other purposes than outlined in their descriptions. For example, the only purposes for which you can use learning materials provided as part of the Course are:
      1. For private research and study; and
      2. In particular, to support your learning during the Course to achieve your personal and professional goals.
    • You must not reproduce, apply to your own goods or services or use our registered trade marks in the UK, including a word mark for ‘Motion Hatch’, or figurative mark incorporating the words, Motion Hatch, or unregistered trade mark, ‘Mograph Mastermind’ (our Trade Marks) in a way, which would infringe our rights in England and Wales or rights we may have in our Trade Marks pursuant to equivalent laws in other countries, without our permission.
    • You agree that you will keep confidential and not use, except for purposes outlined in the instructions or specifications of the Course, and/or all information, which may be disclosed to you or which you may learn, except where such information is public knowledge or is required to be disclosed by law. In particular, you agree that you will not disclose the content, concept or nature of learning material used in the Course you have subscribed to to third parties, who are not themselves subscribers to the Course.
  2. ABOUT OUR COURSES

    • We will provide a description and time table of the particular Course (“Course Description”) you may be interested in before you subscribe to the Course. You accept that you have read and understood the Course Description before you enter into a contract with us. You cannot later claim that you have not understood the concept of the Course, the way we provide the Course (including technical requirements) or time commitment expected.
    • The law, and how it is interpreted, or professional practice change from time to time. While we endeavor to update learning material or other digital content that is provided as part of our Courses to reflect changes in the law or changes in professional practice we cannot and therefore do not guarantee that our learning material or other digital content you download or view or listen to reflects, at the time of subscription, the most up-to-date legal position or professional practice.
  3. PROVIDING THE COURSE

    • We are not responsible for delays outside our control. If access to our teaching platform, Slack channel or Zoom (our communication tool) 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 your subscription and receive a refund for the remainder of the Course you have paid for but not received.
    • Reasons we may suspend the supply of the Course to you. We may have to suspend the supply of the Course to:
      1. deal with technical problems or make minor technical changes;
      2. update learning material to reflect changes in relevant laws, regulatory requirements or professional practice;
      3. find a substitute for teaching personnel or mentors that fall ill or are otherwise not available to teach;
      4. make changes to the Course as requested by you or notified by us to you.
    • Your rights if we suspend the supply of the Course We will contact you in advance to tell you we will be suspending the delivery of the Course, unless the problem is urgent or an emergency. You may contact us to end your subscription if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 21 days. We will refund a sum proportionate to the sum you have paid in advance for the Course for the period after you end the contract. Alternatively, we will offer you to book you on our next equivalent Course at no extra costs to you if there are places available.
  4. YOUR RIGHTS TO CANCEL YOUR SUBSCRIPTION TO THE COURSE

    • Ending the contract where you have changed your mind.
      1. You may cancel your subscription and receive a full refund if you notify us in writing within 14 days of your receiving our email acknowledging your payment (‘Cancellation Period’).
      2. If you want to end your subscription during the Cancellation Period but you have already started the Course, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for service not provided but we will deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
      3. You cannot cancel your subscription even if the 14-day period is still running if you have completed the Course during this period. Your subscription to the Course is completed when we have finished providing the services and you have paid for them.
      4. You may cancel your subscription after the 14-day cancellation period only if we have done or have told you we are going to do something, see clause 9.3.

    • Ending the subscription because of something we have done or are going to do. If you are ending your subscription for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any service which have not been provided and you may also be entitled to compensation. The reasons are:
      1. we have told you about an upcoming substantial change to the specifications of the Course or these terms which you do not agree to;
      2. we have told you about an error in the price or specifications of the Course you have subscribed to and you do not wish to proceed;
      3. there is a risk that supply of the service may be significantly delayed because of events outside our control;
      4. we have suspended supply of the Course for technical reasons or lack of personnel, or notify you we are going to suspend them for technical reasons or lack of personnel, in each case for a period of more than 21 days; or
      5. you have a legal right to end the subscription because of something we have done wrong.
  1. HOW TO END THE SUBSCRIPTION WITH US

    • Tell us you want to end your subscription. To end the subscription with us, please let us know by writing to us at hello@motionhatch.com or Colony, One Silk Street, Ancoats, Manchester, M4 6LZ. Please provide your name, home address, details of the Course and, where available, your phone number and email address.
    • Destroying digital content after ending the subscription. If you end the contract for any reason after digital files have been downloaded as part of our professional skills courses you must destroy the digital files and any copies or derivatives you may have made from any computer, mobile device or digital storage facility.
    • How we will refund or compensate you. If you are entitled to a refund or compensation under these terms we will refund you the price you paid for the Course by the method you used for payment.
    • When your refund will be made. Your refund will be made within 30 days of your telling us that you want to end the contract.
  2. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract if you break it. We may end your subscription at any time by writing to you if you:
      1. breach the licence we granted to you (clauses 6.3 and 6.4);
      2. breach clause 6.5 (infringement of Trade Marks)
      3. breach clause 6.6 (confidentiality);
      4. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service;
      5. breach our terms of use, in particular our Content Standards when using Interactive Services;
      6. fail to pay when payment is due.
    • You must pay the full Course fee if you break the contract. If we end the contract in the situations set out in Clause 11.1 we will not refund any money you have paid in advance for the service we have not provided.
    • We may withdraw the Course. We may write to you to let you know that we are going to stop providing the Course. We will let you know at least 14 days in advance of our stopping the supply of the service and will refund any sums you have paid in advance for services which will not be provided.
  3. IF THERE IS A PROBLEM WITH OUR COURSES

 

How to tell us about problems. If you have any questions or complaints about our Courses, please contact us at hello@motionhatch.com or Colony, One Silk Street, Ancoats, Manchester, M4 6LZ.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

    • Nothing in these terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sales of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982; or
      4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in Clause 13.1 all terms implied by sections 13 to 15 of the Sales of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    • Subject to 13.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the value of the contract between us.
  1. OTHER IMPORTANT TERMS
    • We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
    • 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.
    • 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 service, we can still require you to make the payment at a later date.
  2. APPLICABLE LAW AND DISPUTE RESOLUTION
    • The terms and conditions of supply shall be governed by the substantive law of England and Wales exclusive of any conflict-of-laws rules that could require the application of any other law.
    • We both agree that we will attempt to resolve any dispute arising out of or relating to these terms of supply through negotiations between representatives of the parties, who have authority to settle the same.
    • If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate', we will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The seat of the arbitration shall be England and Wales.
    • The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
    • The language(s) of the arbitration proceedings shall be English.