terms & conditions
for usage of online eCourses and downloaded resources from Julia Smith | humphrey & grace
These terms and conditions govern the way in which we supply products to you, including eCourses and downloads.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
We are Project 14 Ltd t/as Humphrey & Grace, a company registered in England and Wales. You can contact us using the email address hello(a)humphreyandgrace.co.uk or via the contact option at the foot of this page.
1: Grant of Licence
(a) In consideration of your payment, we hereby grant you a licence to use the purchased eCourses (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms;
(b) This licence is personal to you and cannot be shared or exchanged with others;
2: General Terms
(a) Humphrey & Grace develop, distribute and maintain the Products. We will also manage your access to the Products and provide support to you, where necessary;
(b) You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual learning. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials;
(c) We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies;
(d) We reserve the right to update and/or modify eCourse and download content from time to time;
3: Access to Materials
(a) Access to materials will be granted once you have created an account on this website. Access is then without time limit;
(b) We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money;
(c) Our aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate;
4: Pricing and Payment
(a) We use third party payment providers, namely PayPal. Payment for the Products must be made at the point of purchase;
(b) You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products;
(c) Your payment includes the licensing of the Products. We are unable to provide a refund if you fail to complete the content, except at our absolute and sole discretion.
(d) We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
5: Cancellation, Refund and Restriction Policy
(a) Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email;
(b) Refunds are not available on eCourses and downloads where access to the material has already been granted;
(c) It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements;
(d) We may restrict your access to the Products if you breach these terms, including without limitation;
- A failure to make any payment due to us; or;
- Failure to provide accurate information that is necessary for us to provide the Products to you;
In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted;
6: Client Confidentiality
(a) Humphrey & Grace will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the eCourse, save as may be reasonably necessary to enable Humphrey & Grace to carry out their obligations in relation to the eCourse;
7: Intellectual Property
(a) All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, photographs and all other intellectual property (whether registered or not) shall exclusively be owned by Humphrey & Grace. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same;
(b) eCourse content and downloaded guides may not be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use, either in whole or in part, any unauthorised use is strictly prohibited;
8: Liability and Indemnity
(a) While Humphrey & Grace takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client or by any third party arising from any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses;
(b) The Client agrees to indemnify Humphrey & Grace in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any material supplied to the Client by Humphrey & Grace;
9: Applicable Law
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties;
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts;
10: Other Terms
(a) Permission must be granted to transfer your rights under these terms to someone else. We may not agree to this as these terms grant a licence for your benefit only;
(b) These rights are a contract strictly between you - the purchaser - and Humphrey & Grace. No other person shall have any rights to enforce any of its terms;
If a court finds part of these terms illegal, then rest will continue in force;
(c) This contract can be enforced at any time after purchase of eCourses or download of resources. 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.
LAST UPDATED SEPTEMBER 2019