|
1.INFORMATION ABOUT US
1.1 www.naturalhealthcourses.com is a site operated by The
School of Natural Health Sciences which is a trading name of SNHS Limited (we). We are registered in Gibraltar
under company number 82332. Our various trading addresses
are as posted on the
Contact Us page of this website.
No VAT is payable on our courses.
2. ACCESSING OUR WEBSITE
2.1
Whilst we shall use all reasonable endeavours to ensure that our site is available
at all times, we reserve the right to withdraw or amend the
service we provide on our site without notice. We will not
be liable if for any reason our site is unavailable for any
reason.
2.2 From time to time, we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.
3.ENROLLING FOR COURSES
3.1 By placing an order to enrol on a Course through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
4. HOW THE CONTRACT IS FORMED
4.1 After placing an order to enrol on a Course, you will receive an e-mail from us
acknowledging that we have received your order. Your order
constitutes an offer to us to buy a Course. All orders are
subject to acceptance by us, when we will send you an e-mail
confirming that we have accepted your application to join a
Course (the Welcome Letter). The contract between us
(Contract) will only be formed when we send you the
Welcome Letter.
4.2 If you have asked us to supply more than one Course, the same acceptance procedure
will apply to each individual Course.
5. PRICE AND PAYMENT
5.1 The price of any Courses are as quoted on our site from time to time, except in cases
of obvious error. We do not charge extra for delivery by
email on CD-Rom. Delivery charges of hard copy are
listed on our site. No VAT is payable on our courses.
5.2 Prices are liable to change at any time, but changes
will not affect orders where we have already sent you a
Welcome Letter.
5.3 Our site contains a large number of Courses and it is
always possible that, despite our best efforts, some of the
Courses may be incorrectly priced. We will normally verify
prices as part of our Welcome Letter. We are under no
obligation to provide the Course to you at the incorrect
(lower) price, even after we have sent you a Welcome Letter,
if the pricing error is obvious and unmistakeable.
5.4 Payment for all Courses may be made by the means
detailed elsewhere on our site.
5.5 Where we have agreed credit terms, if you fail to pay us
any sums when due, we may:
(a) suspend the provision
of, or access to, Courses or Course Materials to you until
full payment has been made;
and/or
(b) refuse to award diplomas and/or certificates for any
Course you have completed until full payment of all sums
owing to us;
and/or
(c) charge you interest on the overdue sum at a rate of 4%
per annum above the base rate from time to time of the Bank
of England, from the due date until the date of actual
payment (including after any judgment). Such interest shall
accrue on a daily basis and be compounded quarterly. We
reserve the right to claim interest under the Late Payment
of Commercial Debts (Interest) Act 1998.
6. YOUR RIGHTS OF CANCELLATION
6.1 Please note that if you are a consumer you have a
cooling off period in which you can withdraw from the
Contract for any reason, subject to the provisions of clause
6.3 below. This cooling off period ends seven working days
from the day after the Contract was concluded and you
receive our Welcome Letter in accordance with clause 4.1
above. If you wish to cancel your order you must notify us
within the prescribed period by email. This provision does
not apply to business to business transactions.
6.2 To cancel a Contract, you must inform us in writing and
return the Course(s) and/or Course Materials to us
immediately, in the same condition in which you received
them, and at your own cost and risk.
6.3 If you are a consumer, the cooling-off period and the right
to cancel a Contract will not apply where:
(a) a Course or Course Materials has been issued to you on
CD Rom and you have opened the envelope containing the CD
Rom;
(b) you have already opened any email attachment or sealed envelope
containing Course Materials.
6.4 Courses cancelled by you within the seven-day
cooling-off period will be refunded in full, including the
cost of sending the item to you. However, you will be
responsible for the cost of returning any CD Rom or other
Course Materials to us.
6.5 We will usually refund any money received from you using
the same method originally used by you for pay for your
purchase. We will usually process the refund due to you as
soon as possible and, in any case, within 30 days of the day
we received your cancellation.
6.6 Any cancellations of or refunds for Courses other than
in accordance with the cooling-off period referred to above
will be at our sole discretion.
6.7 If you want to transfer to a different Course, we may,
in our sole discretion, agree to such transfer on such terms
as we shall specify.
6.8 This clause 6 does not affect your statutory rights.
7. PROVISION OF COURSE MATERIALS
7.1 At appropriate times during your course we will, at our
sole discretion, provide you with
the use of such materials as we
deem necessary to complete the course (Course Materials),
once we have accepted your order and you have paid.
All course materials remain the property of SNHS Ltd.
7.2 Unless there are exceptional circumstances your order
for a Course will normally be fulfilled:
(a) as soon as reasonably possible where the Course
Materials are sent to you by email
(where the first three
lessons of the Course Materials will usually accompany the Welcome
Letter);
or
(b) by posting the Course Materials to you within five
working days of the date of the Welcome Letter.
8. TUTOR MARKED ASSIGNMENTS
8.1 Where the Course for which you have enrolled includes
the marking of your Course assignments by tutors (Tutor
Marked Assignments), the provisions of this clause 8 apply.
8.2 Whilst we shall use all reasonable endeavours to return
Assignments to you (usually by email) within
four working days of receipt, such timescale is for guidance
only and we shall not be responsible for delays owing to
holiday periods, sickness or other causes outside our reasonable
control. The costs of returning Assignments to
you is included in your Course fee.
8.3 We shall not be liable for any losses of
Assignments sent to us and you are recommended to make
copies of all items prior to sending them.
9. YOUR REGISTRATION
9.1 Each registration provided when you enrol on a Course is
for a single user only. You are not permitted to share your
Course Materials with any other person nor with multiple
users. Responsibility for the security of any Course
Materials rests with you. Where a password has been issued
to you, if you know or suspect that
someone else knows your password, you should contact us
immediately.
9.2 We may suspend or cancel your registration immediately
at our reasonable discretion or if you breach any of these
terms and conditions.
10. OUR RIGHTS OF CANCELLATION
10.1 We reserve the right to refuse to accept you for
Courses or to stop providing the Course Materials to you or
to terminate your licence to access particular Courses
immediately if you fail to comply with any of these terms
and conditions or your previous actions give us reasonable
grounds to believe that you may fail to do so in the future.
10.2 If we exercise the right given by clause 10.1 we shall
notify you via email or post and will immediately suspend your
access to the Courses and/or Course Materials.
11. OUR LIABILITY
11.1 We do not make any commitment that the content of any
Course will meet any specific requirements you have and you
are required to take reasonable steps to verify that the
Course will meet your needs.
11.2 We do not make any commitment to you that you will
obtain any particular result from your receipt of the
Courses or that you will obtain any particular qualification
from your receipt of the Course, unless otherwise stated by
us. We do not give any warranties that you will be in a
position to obtain a particular role or remuneration as a
result of your taking part in any of our Courses.
11.3 We are not responsible to you for any data that you
lose either as a result of accessing the Course Materials or
during the completion of any Course, although we may resend
any lost lessons to you by email at our discretion. You must
ensure that you regularly save and back up all data
used for completing the Course.
11.4 Whilst we endeavour to ensure that the information on
this site is correct, we do not warrant the accuracy and
completeness of the material on this site. We may make
changes to the material on this site, or to the products,
services and prices described in it, at any time without
notice. The material on this site may be out of date, and we
make no commitment to update such material.
11.5 The material on this Website is provided “as is”
without any conditions, warranties or other terms of any
kind. Accordingly, to the maximum extent permitted by law,
we exclude all representations, warranties, conditions and
other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose
and the use of reasonable care and skill) which but for
these terms and conditions might have effect in relation to
this site.
11.6 Our liability in connection with any Course purchased
through our site is strictly limited to the purchase price
of that Course.
11.7 This does not include or limit in any way our
liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) for any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
11.8 We accept no liability for any loss of income or
revenue, loss of business, loss of profits or contracts,
loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or
consequential loss or damage of any kind however arising and
whether caused by tort (including negligence), breach of
contract or otherwise, even if foreseeable.
11.9 You agree to indemnify us fully, defend and hold us,
and our officers, directors, employees and agents, harmless
from and against all claims, liability, damages, losses,
costs (including reasonable legal fees) arising out of any
breach of these terms and conditions by you, or your use of
this site, or the use by any other person using your
registration details.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We are the owner or the licensee of all intellectual
property rights in our site, in the material published on
it, and in our Courses and Course Materials. Those works are
protected by copyright laws and treaties around the world.
All such rights are reserved.
12.2 In consideration of your Course fee, we grant to you a
non-exclusive, non-transferable licence for you to use the
Course Materials for the sole purpose of your non-commercial
home or work use in connection with your receipt of the
Course.
12.3 As such, you may make copies of the Course Materials
for viewing for your own personal use and you may print off
one copy, and may download extracts, of any page(s) from our
site for your personal use.
12.4 You must not allow access to, or copies of, the Course
Materials to any third party or use any part of the Course
Materials for commercial purposes without obtaining a
written licence to do so from us.
13. RELIANCE ON INFORMATION POSTED
13.1 Commentary and other materials posted on our site are
not intended to amount to advice on which reliance should be
placed. We therefore disclaim all liability and
responsibility arising from any reliance placed on such
materials by any visitor to our site, or by anyone who may
be informed of any of its contents.
14. OUR SITE CHANGES REGULARLY
14.1 We aim to update our site regularly, and may change the
content at any time. If the need arises, we may suspend
access to our site, or close it indefinitely. Any of the
material on our site may be out of date at any given time,
and we are under no obligation to update such material.
15. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
15.1 We process information about you in accordance with our
Privacy Policy . By
using our site, or by enrolling on a course, you consent to such processing and you
warrant that all data provided by you is accurate and kept
up-to-date.
16. PROHIBITED USES
16.1 Other than personally identifiable information, which
is covered under the
Privacy Policy
any material you send to us will be considered
non-confidential and non-proprietary. We will have no
obligations with respect to such material. We and our
nominees will be free to copy, disclose, distribute,
incorporate and otherwise use such material and all data,
images, sounds, text and other things embodied therein for
any and all commercial or non-commercial purposes.
17. LINKS FROM OUR SITE
17.1 Links to third party websites on this site are provided
solely for your convenience. If you use these links, you
leave this site. We have not reviewed all of these third
party websites and do not control and are not responsible
for these websites or their content or availability and you
use such third party websites entirely at your own risk.
18. WRITTEN COMMUNICATIONS
18.1 Applicable laws require that some of the information or
communications we send to you should be in writing. When
using our site, you accept that communication with us will
be mainly electronic. We will contact you by e-mail or
provide you with information by posting notices on our site.
For contractual purposes, you agree to this electronic means
of communication and you acknowledge that all contracts,
notices, information and other communications that we
provide to you electronically comply with any legal
requirement that such communications be in writing. This
condition does not affect your statutory rights.
19. NOTICES
19.1 All notices given by you to us must be given to SNHS
Limited at the appropriate email or postal address given on
the
Contact Us page on this site or in your Welcome Letter.
19.2 We may give notice to
you at either the e-mail or postal address you provide to us
when placing an order, or in any of the ways specified in
paragraph 18. Notice will be deemed received and properly
served immediately when posted on our site, 24 hours after
an e-mail is sent, or three days after the date of posting
of any letter. In proving the service of any notice, it will
be sufficient to prove, in the case of a letter, that such
letter was properly addressed, stamped and placed in the
post and, in the case of an e-mail, that such e-mail was
sent to the most recently specified e-mail address of the addressee.
20. TRANSFER OF RIGHTS AND OBLIGATIONS
20.1 The Contract between you and us is binding on you and
on us and on our respective successors and assigns.
20.2 You may not transfer, assign, charge or otherwise
dispose of a Contract, or any of your rights or obligations
arising under it, or any Course or Course Materials without
our prior written consent.
20.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or
obligations arising under it, at any time during the term of
the Contract.
20.4 Only the parties to a Contract may seek to enforce its
terms.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any failure to
perform, or delay in performance of, any of our obligations
under a Contract caused by events outside our reasonable
control (Force Majeure Event).
21.2 A Force Majeure Event includes, but is not limited to, any act, event,
non-happening, omission or accident beyond our reasonable
control and includes in particular (without limitation) the
following: any industrial dispute affecting any third party,
governmental regulations, fire, flood or other environmental disaster, power
cut or electrical failure, theft of computers or related
equipment, hostile computer act, telecommunications or
internet failures, non-availability of third party data
centres, acts of terrorism, civil riot or war.
21.3 Our duty of performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for
performance for the duration of that period. We will use our
reasonable endeavours to bring the Force Majeure Event to a
close or to find a solution by which our obligations under
the Contract may be performed despite the Force Majeure
Event.
22. WAIVER
22.1 If we fail, at any time during the term of a Contract,
to insist upon strict performance of any of your obligations
under these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled, this
shall not constitute a waiver of such rights or remedies and
shall not relieve you from compliance with such obligations.
22.2 A waiver by us of any default shall not constitute a
waiver of any further default. No waiver by us of any of
these terms and conditions shall be effective unless it is
expressly stated to be a waiver and is communicated to you
in writing in accordance with paragraph 19 above.
23. SEVERABILITY
23.1 If any of these terms and conditions or any provisions
of a Contract are deemed by any competent authority to be
invalid, unlawful or unenforceable, such term, condition or
provision will to that extent be severed from the remaining
terms and conditions, which will continue to be valid to the
fullest extent permitted by law.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document or webpage referred to
in them, set out the entire agreement between us in relation
to any Contract. They supersede any prior agreement,
understanding or arrangement between us, whether oral or in
writing.
24.2 We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking
or promise given by the other or implied from negotiations
between us prior to such Contract, except as expressly
stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any
untrue statement made by the other prior to the date of any
Contract (unless such untrue statement was made
fraudulently) and the other party's only remedy shall be for
breach of contract as provided in these terms and
conditions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and
conditions from time to time.
25.2 You will be subject to the policies and terms and
conditions in force when you order a Course from us, unless
we are required to make any change to comply with any laws
(in which case it will apply to orders previously placed by
you), or if we notify you of the change to those policies or
these terms and conditions before we send you the Welcome
Letter (where we shall assume that you have accepted the
change, unless you notify us otherwise within seven working
days of receipt by you of the Course).
26. LAW AND JURISDICTION
26.1 These terms and conditions and any Contracts for the
purchase of Courses from us site will be governed by
English law. Any dispute arising from, or related to, such
terms and conditions or Contracts shall be subject to the
non-exclusive jurisdiction of the courts of England and
Wales, although we retain the right to bring proceedings
against you for breach in your country of residence or any
other relevant country.
26.2 If you access this site from locations outside the
United Kingdom, you do so at your own risk and you are
responsible for compliance with local laws. |
Terms and Conditions Affecting Course
Writers
These terms will be deemed to constitute a
legally binding contract between The School and all persons
supplying course material to the school for resale, whether
or not a separate contract has be signed. The
submission of course material implies an acceptance of these
terms by the course writer.1.)
TERM OF THE AGREEMENT: The term of this exclusive agreement
is for a period of four (4) years from the date of the
submission of course material to The School, and will be
automatically renewed for an additional four year period
every fourth year thereafter; unless, terminated by written
notice at least 30 days prior to the anniversary date,
either by the School or the Course Writer.
2.) DECLARATION OF OWNERSHIP: The Course Writer hereby
declares that he or she is the sole owner of all text and
graphics and other media (hereinafter referred to as the
"course material") submitted to the School and will not
transfer ownership in any matter during the life of this
agreement. The Course Writer declares that he or she has the
unrestricted right to license the said Course Material. The
School is hereby appointed as sales agent only, and may not
claim ownership of the Course Writer's Course Material. In
the event of bankruptcy, judgment against, or other
unforeseeable liabilities incurred by the School, the Course
Material owned by the Course Writer will not be represented
as an asset of the School or, offered as any type of
security on behalf of the School.
3.) COURSE MATERIAL USAGE NEGOTIATIONS: Any and all usage
negotiations relating to the said Course Material, as
covered by this agreement, shall be at the discretion of the
School, without the need for prior consultation with the
Course Writer. Sale of future rights, such as exclusive
rights or copyrights, shall require the combined approval of
the Course Writer and the School.
4.) COPYRIGHTS: The School does not acquire any rights,
title or interest in the said Course Material, other then
specifically set forth in this agreement. The Course Writer
must place a valid copyright notice with his or her name
upon all materials submitted to the School. The School has
permission from the Course Writer to take the necessary
steps to prosecute unauthorised users of said Course
Material. The Course Writer agrees to provide assistance to
the School, if required, in order to properly carry out
action such as prosecution on behalf of the Course Writer.
5.) EDITING: The School reserves the right to edit any
Course Material as it sees fit.
6.) COURSE WRITER'S RESPONSIBILITIES: The Course Writer
agrees to assume all responsibility for any and all claims
resulting from information that he or she supplies to the
School which the Course Writer knew or had reason to know
contained errors, or inaccuracies regarding ownership of the
Course Material submitted to the School. It is the Course
Writer's responsibility to inform the School as soon as
possible when he or she changes address, telephone number,
or other vital contact information.
7.) COURSE MATERIAL WILL REMAIN IN SCHOOL FILES: The Course
Writer hereby agrees that Course Material submitted to the
School will remain with the School for the full duration of,
and subsequent renewal(s), of this agreement. If the
agreement between the School and the Course Writer is
terminated after that period, the School shall delete any
available Course Material belonging to the Course Writer
within 90 days.
8.) ADVERTISING & PROMOTION: The Course Writer understands
that advertising and promotion are necessary tools for the
success of the School and the Course Writer. The Course
Writer hereby authorises the School to use extracts from his
or her Course Material in School advertising and promotion.
The use of the Course Writer's Course material for School
advertising and promotion will be at the discretion of the
School, without compensation to the Course Writer.
9.) CONTRACTUAL ARRANGEMENT: The Course Writer hereby agrees
that the School is authorised as the Course Writer's agent
and representative.
a.) When sales are closed by The School, The School shall
receive as compensation for representing the Course Writer,
a commission equal to ninety percent (90%) of the net usage
fees billed and collected by the School on the Course
Writers behalf. The balance of the fees collected by the
School (10%) are payable to the Course Writer. School
commission pays School expenses for daily business
operations including advertising, promotion, maintaining
student records, sending out the Course Material, marking
assignments and printing and sending out diplomas.
b.) Payment will be made by the School to the Course Writer
within thirty (30) days of the date that payment is received
by the School from the student.
c.) If revenue is earned following the expiration of this
agreement (or its renewals), but is the direct result of
work by the School within the duration of this agreement (or
its renewals), the Course Writer will receive his or her
portion of the sales and the School will receive the rate of
commission described in this agreement.
10.) LIABILITY: The Course Writer hereby releases the School
from any liability to the Course Writer, his or her heirs,
or assigns, for any loss or damage to Course Material
submitted to the School, unless such loss or damage is due
to gross negligence on behalf of the School.
11.) ASSIGNMENT & BINDING AGREEMENT: This agreement may not
be assigned by either party, to anyone, either voluntarily
or by operation of law, without the prior written consent of
the other party. This agreement shall be binding upon the
Course Writer, the School, and their respective heirs,
executors, administrators, successors, and assigns. In the
event of the Course Writer's death, his or her estate,
heirs, or successors shall be bound by the exact terms of
this agreement. The Course Writer's estate will subsequently
receive the revenue which would have been payable to the
Course Writer, upon providing the School with proper written
authority, legally recognised, as to whom the payments are
to be directed to.
12.) AMENDMENTS: This agreement incorporates the entire
understanding of both parties involved and may not be
amended, modified or changed in any respect, unless the
change is executed in writing and signed by each of the
parties hereto.
13.) This agreement will be governed by English law. Any
dispute arising from, or related to, this agreement shall be
subject to the non-exclusive jurisdiction of the courts of
England and Wales. |