Terms & Conditions

Terms of use for courseUcan – 22nd January 2019

These website terms of use and our privacy policy as amended by us from time to time (“Terms”) govern your use of our website, www.courseucan.com, and any and all services and communications that we make available on or through our website or smart phone applications (including, but not limited to, (i) listing, promoting, selling third party tutorials (single person and/or multi-group tutorials); group courses and/or events (“Seller”); and (ii) booking third party tutorials; group courses; and or events  (“Buyer ”) ((i) and (ii) shall together be described as the “Services”). By using our website, you are agreeing to these terms, whether you are a registered user (a “Member  “) or whether you are an unregistered user (“Visitor”).  If you do not agree to these Terms, please stop using our website and do not access or otherwise use any of our Services.

We may modify these Terms from time to time at our sole discretion. If we make material changes, we will notify you on our home page. Please also check back regularly for updates: you can easily determine whether changes have been made by confirming the version date at the top of these terms. Your continued use of our website after we publish a notice about our changes means that you agree and are consenting to the updated terms

Please note this website is operated by JD Digital Ltd (registered number 10755069) which has its registered office at 2^nd Floor, 201 Haverstock Hill, Belsize Park, London, NW3 4QG.

1. Registration

1.1 Although sections of our website may be visited by any Visitor, you will need to register as a Member to be able to access certain key functionalities, including, but not limited to, the Services, including as a Seller and as a Buyer .. Registration on our website is free.

1.2 To be eligible to register as a Member, you must either:

(a) confirm that you are over 16 years of age; or

(b) if you are less than 16 years of age, please see Section 3, below.

1.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up to date and complete. We reserve the right to terminate your membership and access to our website if we learn that you have provided false or misleading information.

1.4 When you register to use our website, you will be asked to create a username and password. You agree to keep your password a secret and not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password’s use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.

1.5 If you forget your password, please click ‘Forgotten password’ on the ‘sign in’ page to reset your password.  For ease of reference, the link can be found here: https://www.courseucan.com/my-account/lost-password/

1.6 We have sole discretion to cancel your username/password at any time if we suspect it is being used by an unauthorised person.

2. Use of our website

2.1 For the purposes of these Terms, “Content” refers to all data, text, logos, artwork, software, documents, images, photographs and other materials you may upload to or download from our website, either as a Seller and/or as a Buyer, including information about yourself, third party organizations and/or information about certain courses.

2.2 You must ensure that any Content that you submit and upload to our website:

(a) does not infringe any third party’s Intellectual Property Rights (“Intellectual Property Rights” means registered and / or unregistered copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, and all applications for such rights, anywhere in the world);

(b) does not breach any applicable law(s); or

(c) is not defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable in our opinion.

2.3 You agree that you will not use our website:

(a) for commercial purposes or to obtain financial gain without our prior written consent;

(b) to send chain letters, junk mail, ‘spam’, business or bulk communications of any kind;

(c) to advertise a company, product or service of any educational establishment except under the terms of a written advertiser agreement that we have entered into with you;

(d) in a way, that might reasonably be expected to cause another person’s computer systems and/or their communications network to be interrupted, damaged or rendered less efficient;

(e) to obtain personal information from “Users” (which means “Members” and “Visitors”) under the age of 16 or from anyone if such information is gathered deceptively or in a non-transparent way;

(f) to obtain passwords or personal identifying information for commercial or unlawful purposes from other Users;

(g) to attempt to impersonate another User; or

(h) to harass, threaten or intimidate any User.

2.4 You will be for responsible for logging out from your registered account at the end of each session on our website.

2.5 If you are a Visitor, you agree not to obtain unauthorised access to areas of our website reserved for Members.

2.6 If you are aware of anything on our website which appears to infringe these Terms, you agree to contact us immediately.

3. Under 16 years of age

3.1 If you are under 16 years of age and want to become a Member, you must obtain a parent or guardian’s permission before registering on our website. Please also discuss these Terms with them before obtaining their permission.

3.2 If you are a Member under 16 years old, you will need to obtain a parent or guardian’s permission before taking part in any of our Services. You should never reveal personal information about yourself, such as your address, telephone number and school.

4. Content

4.1 Please note that courseUcan is simply providing a platform for the Services and none of the views expressed in the Content of a Seller and/or Buyer are the views of courseUcan.  You acknowledge that all Seller and/or Buyer Content is the responsibility of the Seller and/or Buyer and/or third party person who posted, emailed or otherwise provided the Content to our website. You acknowledge that by using the Service, you may be exposed to Content that is inaccurate, incomplete, misleading, illegal, offensive, indecent or objectionable. CourseUcan generally does not review content provided by Members or others.  You agree that we are not responsible for others’ (including our Members’) content or information, or in any way for any Content and your use of others’ content and information posted on our Services, is at your own risk.  Members may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.   In the event you post, email, upload or otherwise provide Content, you are entirely responsible for it.

4.2 You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services.  Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. CourseUcan is not responsible for these other sites and apps – use these at your own risk.

4.3 However, we operate a “take down and notice” procedure. If you believe that any Content is defamatory, profane, sexually or racially offensive or discriminating, harassing, threatening, obscene, pornographic, false, unreliable or misleading or otherwise objectionable, or infringes intellectual property or other legal rights please notify us immediately by contacting info@courseucan.com. We will investigate each matter notified to us and will act in our sole discretion.

4.4  If you post Content which is found to be in breach of these terms, we reserve the right to deactivate your username and password to prevent you from further access to our website as a Member.

5. Intellectual Property Rights

5.1 You agree that our website and all Content contained in it are protected by Intellectual Property Rights that either belong to or are licensed to us.

5.2 You acquire no proprietary interest in our website or Content provided by us or others and may not use them in any way except as expressly permitted by these Terms.

5.3 You may view, print, download or temporarily store such Content for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer such Content. You acknowledge that you will not acquire any Intellectual Property Rights by downloading or otherwise using any such Content.

5.4 By submitting Content to our website:

(a) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and communicate to the public such Content; and

(b) you authorise us to adapt such Content and you agree to waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

6. Our Rights

6.1 We have the right in our absolute discretion to alter, edit, remove, suspend or refuse any Content without notice, if we consider that the Content is objectionable or violates these terms or for any other reason.

6.2 We may preserve or disclose the Content and your personal details as well as any Content to any third party if such disclosure is necessary:

(a) for the purpose of maintaining our website;

(b) by law or court order; or

(c) to respond to claims that our website infringes or restricts the right of any party.

6.3 We may suspend or terminate your access to our website at any time if you breach any of these terms.

7. Warranties

7.1 Our website is provided on an “as is” and “as available” basis, including but not limited to any website content provided by us (for the avoidance of doubt, this includes, courseUcan blog posts and articles, not supplied by Members, Sellers and/or Buyers “Our materials”). We expressly disclaim all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.

7.2 You understand and agree that we do not guarantee the accuracy, relevancy or completeness of any information in or provided on or from our website. We are not responsible for any errors or omissions or for the results obtained from the use of such information. Our website is provided for the general information of the general public.

7.3 Your use and participation in our website and services are solely at your own risk. No advice or information, whether oral or written, obtained by you from our website shall create any warranty not expressly made in these terms or imposed by law.

7.4 We make no warranty that our website will meet your requirements, or that access to our website will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of our website

8. Service Availability

We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.

CourseUcan is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

9. Limit of Liability

9.1 EXCEPT AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT LOSSES OR DAMAGES ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE ) AND FOR ANY REASON.

9.2 EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR LOSS OF PROFITS, DATA, GOODWILL, REVENUE IN EACH CASE REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARISE IN THE NORMAL COURSE OF EVENTS OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH LOSSES OR DAMAGES ARISE IN CONTACT OR TORT (INCLUDING NEGLIGENCE) AND FOR ANY REASON.

9.3 NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

10. Territory Statement

Please do not access or use the Content from a jurisdiction where such access or use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory organisation. If you breach this provision, you will be held entirely responsible.

11. Assignment

We may assign our rights and obligations under these Terms and upon such assignment we shall be relieved of any further obligation under these Terms. You are not permitted to assign your rights and obligations under these terms.

12. Notices and Messages

You’re okay with us providing notices and messages to you through our website and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, and any dispute shall be subject to the non-exclusive jurisdiction of the English courts.