1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply the courses, videos and other content (“Online Content”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the Online Content to you, how you and we may change or end this contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Colomba Limited a company registered in England and Wales. Our company registration number is 10845880 and our registered office is at 22 Chancery Lane, London WC2A 1LS.
2.2 How to contact us. You can contact us by writing to us at email@example.com and at Colomba – Kemp House, 152 – 160 City Road, London EC1V 2NX
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Please check your order before submitting.During the order and payment process you will be able to select which Online Content you wish to use. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
3.2 How we will accept your order. Our acceptance of your order will take place when you click on the ‘submit’ button on the website, at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Online Content. This might be because the [payment has not been able to be processed, because of unexpected unavailability of the Online Content which we could not reasonably plan for or because we have identified an error in the price or description of the product].
3.4 Payment prior to access. You will be required to pay the applicable charges prior to being given access to the Online Content in accordance with these terms. If your payment is declined, not authorised or is otherwise unsuccessful we reserve the right to prevent your access to the Online Content.Once you purchase a course from us, you will receive the login details within 48 hours.
3.5 Promotional codes. If you have any promotional code entitling you to use any of the Online Content at a discounted rate, you must input that promotional code prior to making your payment. You will not be entitled to a refund of the charges, or any part of them, if you subsequently notify us that you have any promotional code.
3.6 Acceptance of your order.After you place an order, we will confirm our acceptance to you by sending you an e-mail or automatic purchase confirmation. The contract between us will only be formed when we send you the e-mail or automatic purchase confirmation.
3.7 Changes to our terms. We reserve the right to update, amend or withdraw any Online Content from our site at any time. In the event that we cease to provide any Online Content that you have purchased, we will inform you of this by e-mail and you shall have the option to either transfer your payment to an alternative course or video of equivalent value or cancel your order in respect of the specific course or video you purchased.
3.8 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. Your obligations
4.1 What you need to use the Online Content. Before you place your order please ensure you have sufficient internet bandwidth, memory/space and the ability to download or stream the Online Content on your device.
4.2 Beware of any health issues you may have. The Online Content has been pre-recorded and is aimed at people with a certain level of fitness. It is your responsibility to ensure that you know your own limitations.
4.3 Online Content is for personal use only. Only you can use the Online Content. You may view of listen to the Online Content for your own personal, non-commercial use only. You cannot reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify any part of the Online Content. You need our written consent to transfer your rights to someone else.
4.4 We do not warrant that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
4.5 You must not introduce any viruses or harmful . During your use of our site, you must not knowingly or recklessly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which they are stored or from which they are provided or any server, computer or database connected to them. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
4.6 Digital rights management. We may, in our sole discretion, use software, digital rights management tools, electronic watermarks, cookies, web beacons, tracking tools or services or any other similar tools or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively “DRM Tools”) together with any other information or data provided by you so as to enable us to monitor and keep records of the copying, downloading and use of the Online Content for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights in and to the Online Content.
5. Ownership of the Online Content
5.3 Restrictions on use. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Online Content to human-readable form.
5.4 Trade marks. You acknowledge that all Intellectual Property Rights in and to the names “Colomba Online” and any associated logos are and shall remain owned by us and that all goodwill accruing in it/them shall accrue to and be owned by us.
5.6 Intellectual property rights. For the purposes of these terms “Intellectual Property Rights” shall mean but not be limited to trade marks and service marks, trade names and business names, rights in goodwill, rights in designs, copyrights (including copyright in artistic, literary, dramatic, musical or other works and photographs), patents, rights in inventions, database rights, rights in know-how, confidential information and trade secrets and all other intellectual property rights (whether or not any of these is registered and including applications for registrations and rights to apply for registrations) and all rights and forms of protection of a similar nature or having equivalent effect to any of these which may subsist anywhere in the world.
6.1 Costs.The price of the relevant course, video and other content will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system. Prices for our Online Content may change from time to time, but changes will not affect any order which we have confirmed with you (in accordance with clause 3.2).
6.2 Incorrect pricing. It is always possible that, despite our reasonable efforts, some of the courses, videos and other content on our site may be incorrectly priced. If we discover an error in the price of the course, video and other content you have ordered we will inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the course, video and other content to you at the incorrect (lower) price.
6.3 Payment method. We accept the following payment methods: Mastercard, Maestro, Visa, Visa Electron, and Amex. We will charge your debit card, credit card or PayPal account immediately after confirming your order.
7. Changes to the Online Content
7.1 Suspension of the Online Content. We may have to suspend access to the Online Content in order to deal with technical problems or make minor technical changes.
7.3 Your rights if we suspend the Online Content. We will endeavour to contact you in advance to tell you we will be suspending supply of the Online Content, unless the problem is urgent or an emergency. If we have to suspend access to the Online Content for longer than [30 days] we will adjust the price so that you do not pay for access while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than [60 days] and we will refund [50%] of the charges unless you have not been able to access the relevant [course, video and other content] at all, in which case we will refund 100% of the charges].
8. Your rights to end the contract
8.1 If what you have bought is faulty or misdescribed. You may have a legal right to end the contract with us (or to get the service re-performed or to get some or all of your money back) if the [course, video and other content] is not exactly as described on our site at the time you placed your order.
8.2 Cooling-off period. You may have a legal right to end the contract with us within 14 days of you placing your order unless you have accessed (i.e. downloaded or streamed) the [course, video and other content] that you purchased. This means that If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.3 Tell us you want to end the contract. To end the contract with us, please email us at firstname.lastname@example.org . Please provide your name, your phone number and email address.
8.4 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the relevant [course, video and other content], by the method you used for payment. We will make any refunds due to you within 14 days of your telling us you have changed you contacting us in accordance with clause 8.3.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if you do not make any payment to us when it is due
9.2 If we have to withdraw the Online Content. We may write to you to let you know that we are going to stop providing the Online Content. We will let you know at least [14 days] in advance of our stopping the supply of the Online Content and will refund any charges you have paid in advance for relevant [course, video and other content] that you have not been able to access.
10. If there is a problem with the Online Services
10.1 How to tell us about problems. If you have any questions or complaints about the Online Services, please contact us. You can write to us at email@example.com
11. Your legal rights
11.1 Summary of your rights.This section sets out a summary of your key legal rights in relation to the Online Content. Nothing in this section will affect your legal rights.
11.2 Consumer Rights Act 2015. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality and:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
11.3 Citizens Advice help. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (but please see your obligations in clause 4.2); for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2.
12.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 Exclusion of liability. Except to the extent expressly stated in clause 12.2 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded. We further exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
12.5 Where we do not have any liability to you. Subject to clause 12.1 we will not be liable to you:
(a) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;
(b) for any losses that were not caused by our breach of these terms;
(c) for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site;
(d) for any loss of profit, loss of business, business interruption, or loss of business opportunity (please note that we only provide our site for domestic and private use and you agree not to use our site for any commercial or business purposes);
(e) any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
12.6 Our total liability to you. Our total liability to you for all losses (that cannot be excluded by law) arising under or in connection with these terms or any contract between us (including those set out in clause 12.5), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the [charges you paid] for the relevant [course, video and other content].
13.1 No promise the Online Content will be error free. We do not promise that the website will be error free, uninterrupted, nor that it will provide specific results from use of the website. The results on the website are delivered at an “at the time available” basis.
13.2 Seek professional or legal advice. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
13.3 Assess your health and risk of injury. Some activities suggested or referred to in the Online Content may present a high risk of injury. Such activities may include [dance, fitness, physical excise or movement]. You are at all times responsible for assessing the appropriateness of using the Online Content and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical suitability.
13.4 You need to consider health and safety compliance. Subject to clause 12.2, we will not be held responsible for any injury, loss or damage resulting from use of the Online Content. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Online Content. You must ensure that you comply with the health and safety guidelines provided with the relevant [course, video and other content] that you are using.
13.5 No guarantees of reliability. While we endeavour to update and ensure that the information contained in the Online Content and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
14. How we may use your personal information
15. Other important terms
15.1 Nobody else has any rights under these terms. These terms are between you and us. No other person shall have any rights to enforce any of its terms.
15.2 If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them (or part of them) are unlawful, the remaining paragraphs (or parts) will remain in full force and effect.
15.3 Even if we delay in enforcing this contract, we can still enforce it later. 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 these terms, 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. For example, if you miss a payment and we do not chase you but we continue to provide the Online Content, we can still require you to make the payment at a later date.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.