1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control: is defined in clause 8.2;
Order: your order for the Services requested by you as set out in the
Services: the services that We are providing, being the provision of a subscription website for police examinations, to you as set out in the Order;
Terms: the terms and conditions set out in this document; and
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the terms and conditions on which We supply Services to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you submit the Order. If you think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you submit the Order to Us, this does not mean We have accepted your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply you with the Services, We will inform you of this in writing and We will not process the Order and/or will refund to you in full any payment which has been made via the website.
2.4 These Terms will become binding on you and Us when We issue you with a written acceptance of an Order. The cancellation period set out in Clause 9 of these Terms shall begin on the date on which you receive Our written acceptance of your Order.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time to reflect changes in relevant laws; regulatory requires; Our pricing structures; courses offered; any other reason which may arise for the purposes of provision of the Services from time to time at Our discretion.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least 14 days’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 You may make a change to the Order for Services within 14 calendar days of placing an Order by contacting Us but not later than 7 days before the day on which the services are to be provided. Where this means a change in the total price of the Services, We will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 9.1 in these circumstances.
3.4 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 9.
4. PROVIDING SERVICES
4.1 We will supply the Services to you on the date set out in the Order or the date agreed between Us in writing. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.2 We will need certain information from you that is necessary for Us to provide the Services, to include by way of example but not limited to, completion of a Registration Form this will consist of information required to allow payment.
4.3 We may have to suspend the Services if We have to deal with technical problems, or to make improvements or amendments to the Services. We will attempt to contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. Unfortunately with the nature of subscription websites technical issues may arise, if these are for an extended period (over 48 hours) then we are happy to discuss compensation in the region of an extension to the subscription.
4.4 If you do not pay Us for the Services when you are supposed to as set out in clause 6.2, We may suspend the Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.4). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.3.
5. IF THERE IS A PROBLEM WITH THE SERVICES – COMPLAINTS PROCEDURE
5.1 We cannot and do not guarantee that a student will achieve a specific or desired result in any exam or assessment which they are required to take. Level of Achievement does not form part of the agreement between us.
5.2 In the unlikely event that you are not happy with the Services,
(a) please contact Us and tell Us as soon as reasonably possible and in any event by no later than 28 days after the subscription has been taken out of which you are not happy;
(b) your complaint will be referred to one of Our Academic Leads for consideration.
(c) please give Us a reasonable opportunity to consider your concerns. We will endeavour to acknowledge receipt of your complaint within 2 working days of receipt. A response will be sent to you by no later than 14 days from the date of our acknowledgment of your complaint.
5.3 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.
6. PRICE AND PAYMENT
6.1 The price of the Services will be set out in Our price list in force at the time We confirm your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with you. These prices are inclusive of all fees and duties payable in respect of the Services from time to time.
6.2 Where We are providing Services to you:
a) We will ask you to make full payment of the price of the Services upon placing your order for the Services. Your rights to a refund on cancellation are set out in clause 9.
b) If you make payment via Our website, We will provide you with a receipted invoice and/or confirmation email for any monies paid to us upon receipt of payment.
c) Each invoice will quote the course details to which a payment refers.
6.3 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 rate of the Bank of England 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. You must pay Us interest together with any overdue amount.
6.4 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.3 will not apply for the period of the dispute.
7. OUR LIABILITY TO YOU
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. Please note that We cannot and do not guarantee any specific or general results or grades. As such we cannot and will not be held liable for any result which a student obtains which does not meet expectations of the student or You whether reasonable or otherwise.
7.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, failure or delay of public or private transportation services, including but not limited to road and rail networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause
9. We will only cancel the contract if the Event Outside Our Control continues for longer than 28 days in accordance with Our cancellation rights in clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Before We begin to provide the Services, you have the following rights to cancel an Order for Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) Before you have received Our confirmation in writing of acceptance of your Order you can cancel your Order at any time by sending us cancellation in writing. You can use the attached form at Annex A but you do not have to. Alternatively you can send cancellation in writing by sending us an email to firstname.lastname@example.org or by delivery written cancellation to Us at an address given on request. This can be by hand delivery or first class post. We will return all monies paid by you to us upon receipt of your request to cancel.
(b) Once We have confirmed acceptance of your Offer, you have 14 days after the day on which We have confirmed acceptance of your Offer to you to cancel your Order by sending us cancellation sending us cancellation in writing. You can use by use the attached form at Annex A but you do not have to. Alternatively you can send cancellation in writing by sending us an email to email@example.com or firstname.lastname@example.org or by delivery written cancellation to Us at a requested address that will be supplied by hand delivery or first class post.
(c) The 14 days shall begin 14 days after receipt of Our written confirmation of acceptance of your offer calculated as follows:
i) If confirmation is sent by email, 14 days after the date of this email (eg. Email sent 1 January, cancellation period ends 15 January).
ii) If confirmation is sent by First Class Post, 14 days after receipt of the letter, allowing 2 postal days, no including weekend days (eg. Letter sent 1 January which is a Monday. 14 days begins 3 January and ends 17 January)
iii) If confirmation is handed to you in person, 14 days after the date on which confirmation is handed to you (eg. Letter handed to you on 1 January, cancellation period ends 15 January).
(d) In all circumstances, We will confirm your cancellation in writing to you.
(e) If you cancel an Order under clause 9.1(a), (b) or (c) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
(f) Upon express written agreement between you and Us, We may provide the Services before expiry of the cancellation period. We cannot provide the Services within the 14 days without receiving an express written request from you to do so. You can use the form attached at Annex B but you do not have to. Alternatively you can send cancellation in writing by sending us an email to email@example.com or by delivery written cancellation to Us at an address that will be supplied on request by hand delivery or first class post. Where the Services shall begin but will not be concluded within the 14 days cancellation period, the provision of the Services will not affect your right to cancel the Services, subject to Clause 9.1 (f).
(f) If you cancel an Order for Services under clause 9.1 within the cancellation period (14 days) and We have already started provision of the Services in agreement within, you will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge 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.
(g) Where we agree under Clause 9.1 (e) to the commencement of the provision of the Services before the expiry of the 14 days cancellation period, and the provision of the Services is concluded in their entirety before the expiry of the 14 days’ cancellation period, the right to cancel shall be lost.
9.2 Once We have begun to provide the Services to you, and the 14 days cancellation period has expired, you may cancel the contract for the Services at any time by providing Us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services to be provided after the 30 calendar days that have not been provided to you will be refunded to you.. Any refunds during the 30 calendar days’ notice period are at Our sole discretion. At our discretion, we reserve the right to retain any monies you have paid for the provision of Services within the 30 calendar days’ notice period where a place on a course cannot be filled at short notice.
9.3 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation 28 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 If We have to cancel an Order for Services before the Services start:
(a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 10.1(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) Where We have already started work on your Order for Services by the time We have to cancel under clause 10.1(a), We will not charge you anything and you will not have to make any payment to Us.
10.2 Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least  calendar days’ notice in writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
10.3 We may cancel 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 as set out in clause 6.2. This does not affect Our right to charge you interest under clause 6.3; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us at 07947374604 or email Us at firstname.lastname@example.org.
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail to email@example.com.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 We will use the personal information you provide to Us to:
(a) provide the Services;
(b) process your payment for such Services; and
(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 We will not give your personal data to any third party unless required to by law.
13. OTHER IMPORTANT TERMS
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
13.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.4 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.
13.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.