Conditions of use of
Alla Davies LTD websites
Alla Davies LTD (""we" or "us") is a company registered in England and Wales. Our registered office is Office 017 Hurlinghsm Studios, Ranelagh Gardens, London SW6 3PA.
Please read these Conditions of Use carefully. They apply to the website you were using which linked to these Conditions of Use (the "Site"). They govern your use of the Site and of all other Alla Davies LTD sites.
We may change these Conditions of Use from time to time by updating this page. You should review this page regularly. Your continued use of the Site after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Site if you are not happy with any changes to these Conditions of Use.
1. You agree to use the Site only in accordance with these Conditions of Use, t agreed during All Davies LTD account creation, for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site.
Prohibited behaviour includes (this list is not exhaustive) harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site and impersonating another person (for example, by using their login details to access the pages of the Site which are for Alla Davies LTD staff and students only). Intellectual Property
2. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) and all content located on the Site shall remain vested in Alla Davies LTD or its licensors (which includes other users).
You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Alla Davies LTD content in any way.
3. You must however read these intellectual property rights as being subject to any restrictions on use applying to any materials or content on the Site including (this list is not exhaustive) photographic images, videos and text whether directly on a page of the Site or contained in a document accessible from a page of the Site) ("Materials") or part of them such as video and photographic images which are subject to the special restrictions.
If you do not agree to be bound by the Alla Davies LTD Restriction then you must not use Alla Davies LTD Materials made available under these terms.
4. When using Materials, you must attribute us and any identified author in accordance with the terms of the Creative Commons Licence. Each of the Materials has an "Acknowledgements" section which will identify the author/owner(s) and any Special Restriction(s) applying. You must take account of and abide by any restrictions set out in this section in using any of the Materials. Your content and information
5. Certain pages of the Site permit you to post, send or upload content and information. If you do this, we will take this to mean that you have read and accepted these Conditions of Use agreed during Alla Davies LTD account creation.
6. You must not post, send or upload any such content or information:
(a) unless you own or have appropriate rights to use the intellectual property rights subsisting in or relating to that content and information and unless you are sure that posting, sending or uploading the same does not infringe the rights (including but not limited to the intellectual property rights) of any other person or organisation;
(b) which is or could be considered defamatory, derogatory or in appropriate with regard to the Alla Davies LTD, its customers or clients or any other person or organisation;
(c) which contains any confidential information about Alla Davies LTD or another person or organisation (unless you have our permission or that of the other person or organisation);
(d) which contains any offensive, obscene or criminal content or any other content which may cause embarrassment to the Alla Davies LTD, its customers or clients or any other person or organisation; and
(e) which contains any personal data about another person including (this list is not exhaustive) names, contact details and sensitive personal data (for example, information about an identified or identifiable individual's mental or physical health, racial or ethnic origin, religious or other beliefs). The Information Commissioner's website provides more guidance on what is personal data and sensitive personal data.
7. We are not responsible for any content and/or information which you post, send or upload onto the Site. We reserve the right to withdraw any such content and/or information without notice and at our sole discretion and to pursue any cause of action against you available to us under applicable laws.
Alla Davies LTD is under a statutory duty to have regard to the need to prevent people being drawn into terrorism. If the use of Alla Davies LTD computer equipment, information and systems gives rise to a concern that a person may be at risk, this may result in action being taken in accordance with the Alla Davies LTD strategy. Accuracy of Content and Information on the Site
8. Alla Davies LTD does not represent that information contained on or available via the Site is accurate or complete and accordingly it should not be relied on as such. You should not rely on any such information. Any arrangements made between you and any other person, using or named on the Site are entirely at your sole risk and responsibility.
9. Information contained in or accessible via the Site changes on a regular basis. We may make improvements or alterations to the Site at any time and without notice.
10. Addresses of or links to other websites may appear on the Site for your convenience. Alla Davies LTD does not operate or monitor other websites and we accept no responsibility or liability for the content of other websites. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of another website.
12. We do not guarantee that:
(a) use of the Site will be compatible with all hardware and software,
(b) use of the Site will be uninterrupted or error or virus free,
(c) use of the Site will deliver any specific outcome for its users, or
(d) defects on the Site will be corrected (save for those defects which the Alla Davies LTD is obliged to correct by law.
You must take appropriate steps to ensure that you regularly check for and protect against viruses when using the Site on any device.
13. We make no statement about the suitability of the content, information and services contained on, or accessed via, the Site. All warranties of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law (please see directly below for more details). For the avoidance of doubt this includes materials accessed via links to websites (including home pages, web pages or documents they contain) operated by any other person or organisation.
14. We further exclude to the fullest extent permissible by law (please see directly below for more details) all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organisation and arising out of or in any way connected with the use of the Site or its content, whether based on contract, tort, strict liability or otherwise.
We do not exclude or limit our liability (if any) to you:
(a) for any breach of obligations arising under section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982;
(b) for personal injury or death resulting from negligence;
(c) under section 2 (3) Consumer Protection Act 1987
(d) for any matter for which it would be illegal for us to exclude or to attempt to exclude liability; or
(e) for fraud.
15. You will defend, indemnify and hold harmless us, our affiliates and our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Conditions of Use.
16. The internet is not a secure means of communication. Emails may be intercepted by other people or organisations.
How will we use the information we collect about you?
- We collect information about you when you register with us, when you use our services and when you contact us either by post or by e-mail. We collect information that will help us provide you with a better service whenever you interact with us by whatever means you choose to communicate with us, that could be via the website, email, phone or post or any other form of interaction such as social media.
We will do the following with your personal information:
How long do we store and use your data?
- store and use it to provide you with any services which you order from us and maintain evidence of your being a subscriber to our services.
- and improve and develop the services we offer by analysing your information including information related to your usage of our website or any other interaction with us
- as a subscriber, either contractually (as a customer) or as somebody who has demonstrated clear interest in our products (subscribed to find out more), we will send you information and updates about them and the group and its services.
- If you no longer wish to receive marketing material, simply click the 'unsubscribe button' that is included on every electronic communication such as email or contact us to request that we unsubscribe you.
we keep and use your data under contract for as long as you choose to maintain your account once opened, whereas data from subscribers who don't open an account remains on our system for 3 years after registering or initially subscribing. Do we store any 'sensitive' or payment data?
Will we share your information with anyone else?
- We don't collect or store any 'sensitive data'
- We work with a PCI compliant Payment Processor to arrange your payments for courses, we don't therefore collect or hold any payment records.
Can you update your information?
- Apart from our group businesses and the partners or processors that we employ under strict privacy contracts to carry out work for us, we don't share any data with unrelated parties. Be assured that your privacy is important to us and so your data cannot be accessed by any unauthorised person or business.
- If for any reason we needed to share your data other than for our group business in the future, we will first ask your permission to do so.
Can you ask for a copy of the information we hold?
- Most of your data is held in your account on our training portal, you can securely access it there and we'd appreciate it if you keep it up to date amend it or add to it as you wish. Your data is held there under contract until you close your account with us at which point, access to your courses will be disabled and your data will be deleted.
- We conform to the latest data regulations for May 2018 and in addition we conform to best practice by enabling your rights to access your data via your account where available.
- In addition to conform to the latest data protection legislation i.e. the GDPR 2018 and accordingly your right to access any personal information that we may hold about you. This could be in addition to what you can freely access from the portal and may include for example, information relating to affiliate programme activity if applicable. To access this information or advise us to delete it (right to be forgotten) please contact us as set out below, there may be a charge depending on the circumstances.
- do not wish to receive marketing material; or
- wish to update your personal information or request access to it: or
- have any other queries or requests about our processing of your personal information Please contact us at email@example.com
We process personal information on the following bases:
Personal data for International Customers
- Customers are processed on a contractual basis as they have perpetual licences to access and use their training courses within the 'portal'.
- Enquirers and subscribers who have not purchased and so not opened an account are processed under the Privacy and electronic communication regulations for 'soft opt-in' rules.
- More recent subscribers will have been also offered the opportunity to consent to their data being processed and to receive marketing material.
- Any customer or subscriber can exclude themselves from receiving marketing material by simply unsubscribing using the facility included on every communication.
We are based in the UK and comply with all local privacy regulations, we cannot legislate for any regulations or laws that may apply differently in other countries. Submitting your personal data is done so strictly on that basis and the data of any foreign nationals that we may hold as a result is the responsibility of the person who submits it. If you would like us to remove any data please contact us and advise us as detailed above Confirming that you are the subscriber
We provide individuals with privacy information at the time we collect their personal data from them and confirm it immediately with a follow up email to confirm that it is you who has submitted the data and to confirm that our customers are aware of our position on personal information Marketing to Children
Use of 'electronic communications'
- In line with the new data laws, on registration we ask the customer to confirm that they consent to receive marketing information and that you are 16 or over.
- Our courses are designed for adult education only.
We regularly review and, where necessary, update our privacy information and should there be any change of use of our privacy information, we'll communicate the changes to individuals before starting any new processing.Terms and conditions
These TERMS AND CONDITIONS apply to Services provided by Alla Davies LTD
You may contact us on firstname.lastname@example.org
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Taught Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records. 1. Definitions
"Confidential Information" means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party's business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
"Course Materials" means the information provided by Alla Davies LTD to accompany a course provided as part of the Services in hard copy or electronic form.
"Fees" means the fees paid by you to Alla Davies LTD for the Services.
"Intellectual Property Rights" means copyright, rights in or relating to databases, patent rights, performers' rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
"Online Course" means the delivery by us of an online course pursuant to which you learn course materials remotely.
"Services" means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website
"Taught Course" means a course taught by us in a classroom setting to which you attend in person.
"Website" means www.alladavies.com
"you" means the individual purchasing the Services. 2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, from your purchase and completion of any of the Services. 3. Ordering Services Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must accept our offer to purchase which make up your order.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.1 above, then you are permitted before use the course starting on the day after the date we have concluded our agreement in accordance with clause 3/1, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Alla Davies LTD 5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Online Course.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Alla Davies LTD shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access onto any Online Course. 6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although Alla Davies LTD aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, Alla Davies LTD total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit Alla Davies LTD liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us. 7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of Alla Davies LTD or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course given
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Alla Davies LTD on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses. 8. Confidentiality
8.1. Each party shall keep the other party's Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions. 9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Alla Davies LTD, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- are intoxicated through alcohol or illegal drugs while on our premises;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination. 10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you. 11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation. 12. Force Majeure
Alla Davies LTD shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer's family, illness of the trainer, Government edict or regulation. 13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion. 14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Alla Davies LTD,
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.5. Alla Davies LTD endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.6. Alla Davies LTD may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
14.8. If you wish to change or update the data we hold about you, please e-mail email@example.com 15. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder. 16. Notices
You can contact us by any of the following methods:
Post: Alla Davies Limited, Office 017 Hurlingham Studios, Ranelagh Gardens, London SW6 3PA