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TERMS AND CONDITIONS

TERMS OF WEBSITE USE

This page (and the documents it refers to) tells you the terms of use on which you may use our website sapphireblue.academy (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

ABOUT US

Sapphireblue.academy is a site operated by Sian Hamilton trading as Sapphire Blue Academy (“we” or “us”).

Our address email address is sian@sbw.design

OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our Acceptable Use Policy when using our site.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKING TO OUR SITE

You may link to our home page only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to sian@sbw.design

UPLOADING MATERIAL TO OUR SITE

When you upload material to our site, or make contact with other users of our site, you must comply with our Acceptable Use Policy. If you upload material in breach of our Acceptable Use Policy and we suffer loss as a result, you will reimburse us for such loss.

Any material you upload to our site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties. If any third party claims that any material posted or uploaded by you to our site violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy .

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By failing to comply with this provision, you would commit a criminal offence and your right to use our site will cease immediately and we will report your actions to the relevant authorities.

OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TERMS FOR THE PURCHASE OF SERVICES / COURSES

1. Introduction

Please read these terms and conditions carefully before placing an order. By purchasing services (courses) on this Site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase services from this Site.

2. Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this Site and purchase of services on this Site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to any existing provision of services, we will notify you of the changes.

3. Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy.

4. Age restriction

You shall not purchase any services from our Site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.

5. Acceptance of order

5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you. We are not bound by the order unless we accept it in writing.

5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.

6. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7. Representations

7.1 You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

8. Provision of Services

8.1 We will supply the services to you from the date set out in the order for the period set out in the order.

8.2 We will make every effort to provide the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.

8.3 If you do not pay us for the services when you are supposed to, we may suspend the services with immediate effect until you have paid us the outstanding amounts (except where you validly dispute an invoice). We will contact you to tell you this. This does not affect our right to charge you interest.

8.4 If we supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.

 9. If there is a problem with the services (cancellation / refund)

9.1 In the unlikely event that you are not happy with the services:

a) please contact us and tell us as soon as reasonably possible;

b) please give us a reasonable opportunity to repair or fix any defect; and

c) we will use every effort to solve the problem within 7 days.

9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9.3 Before we begin to provide the services, you have the following rights to cancel our services:

a) Subject to clause 9.4 below, you may cancel any order for services at any time within 14 days of the date of our email confirmation of your order by email to sian@sbw.design. We will confirm your cancellation in an email to you, if you do not hear from us call or text 07866 760126 to confirm we received your cancellation email.

b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you. 

c) however, if you cancel an order for services and we have already started providing the services by that time or if we are within 7 days of the services starting, a charge (50% of the total fee) will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.

d) If you cancel after 14 days of our email confirmation of your order but before 7 days of the course starting, you will get a 75% refund. If you cancel between 7 and 1 day of the course starting you will get a 50% refund. If you cancel within 24 hours of the course starting, subject to clause 9.3 (a) above no refund will be given.  

9.4 If we have completed providing the services, you have no right to cancel, even if this is within 14 days of our email confirmation of your order. ie. If you book a course within 14 days of the course start date and change your mind you will have up to the date the course starts to cancel. If the course start date has passed and you have not contacted us to cancel then you will not receive a refund. 

10. Termination

10.1 We may terminate the contract for services at any time with immediate effect by giving you written notice if:

a) you do not pay us when you are supposed to. This does not affect our right to charge you interest on late payment; or

b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.

10.2 You may terminate the contract for services at any time with immediate effect by giving us written notice if we break the contract in any material way and do not correct or fix the situation within 14 days of you asking us to in writing.

11. Price and payment

11.1 Prices of the services are specified on our Site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

11.2 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services or products to you at the lower price that was incorrect.

11.3 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us. We accept payment with most major credit and debit cards.

11.4 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12. Limitation of liability

12.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

12.2 Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a) fraud or fraudulent misrepresentation;

(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

13. Circumstances beyond our control

13.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

13.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

13.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

13.4 you will be notified as soon as reasonably possible; and

13.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.

13.6 If Circumstances Beyond Our Control occur and continue for more than 30 days and you do not wish us to provide the services, you may cancel the contract. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 30 days.

14. Notice

14.1 Any notice to us should be in writing and sent to us by e-mail to sian@sbw.design.

14.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the order.

15. Miscellaneous

15.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

15.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

15.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.

15.4 Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any clauses of these Terms is unlawful, then such determination will not affect other clauses and all other remaining clauses will remain in effect and full force.

15.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

15.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.

16. Contact us

16.1 For any questions or queries you can contact us at 07866 760126 or e-mail us at sian@sbw.design.

 ACCEPTABLE USE POLICY

This is the acceptable use policy, which, together with our terms of website use above, sets out the terms under which we Sapphire Blue Academy allow you to use our site sapphireblue.academy (“site”) whether you are a visitor or a registered user. All enquiries should be directed to sian@sbw.design. Please read the terms of this policy carefully, as by using our site you indicate that you agree to comply with and be bound by them.

Prohibited uses of our site

Whether you are a visitor or registered user, you must comply with our terms of website use above, and use our site for lawful purposes only. In particular, you must not use our site for the uses listed (without limitation) below:-

  • any fraudulent activity;
  • any activity which breaches any applicable law or regulation, whether national or international;
  • any activity which may cause or result in harm to a child under 18 years of age;
  • sending unsolicited advertising or other content (spam), or entering into any arrangement for such material to be sent;
  • reproducing, selling or otherwise handling our site or its contents in breach of our terms of website use;
  • knowingly introducing to our site, or transmit or attempt to transmit to any other site, computer or network, viruses, trojans, worms, logic bombs or other material, code or programme which is malicious or technologically harmful;
  • attempting to gain unauthorised access to our site, our software, our server, or any server, computer or database connected to our site; or
  • attacking our site via a denial-of-service attack or a distributed denial-of service attack.

Contributing and interacting

Our site may offer users the facilities to upload or contribute content or other material, or to interact with other users. When making use of these facilities, it is your responsibility to ensure that any contribution or interaction is, as far as you are aware, factually correct, represents your honest opinion, and does not breach any applicable law or regulation.

In addition, any contribution or interaction must not include any material which (without limitation):-

  • is defamatory, obscene, offensive, hateful or inflammatory;
  • is, or refers to material which is, sexually explicit;
  • promotes violence, illegal activity or any form of discrimination;
  • infringes any other person’s copyright, database right or trade mark;
  • threatens, harasses, upsets, embarrasses, alarms or annoys any other person, or is likely to do so;
  • advocates, promotes or assists any illegal activity;
  • is likely to deceive any person or is made in breach of a legal duty owed to a third party (such as a duty of confidence);
  • invades another’s privacy or cause inconvenience or anxiety to any person;
  • is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
  • gives the impression that the material emanates from us, if this is not the case.

MODERATION

If we at any time use our site to provide users with any interactive service, the following moderation provisions will apply:-

  • we will notify users if moderation is in place, and, if so, whether the moderation is provided by a person or is automated;
  • if moderation is in place, we will give you a means to contact the moderator;
  • although we will do our best to assess any risks which such interactive service may pose, we will be under no obligation to moderate it, and we expressly exclude any liability for any loss or damage to any person caused by use of it; and
  • children should at all times be supervised when using the interactive services on our site, whether such services are moderated or not.

BREACHES OF THIS POLICY

Any breach of this acceptable use policy will be dealt with in the same way as breach of our terms of website use and we reserve the right to take any other action we reasonably deem appropriate, including restricting your use of our site and/or taking legal action against you. We are not liable for any loss or damage caused by any breach of this acceptable use policy.

Amendments

Please check this page regularly, as we may revise this acceptable use policy at any time. We may also change or update our acceptable use policy at any time by means of notices published anywhere on our site.