VINEYARD CHURCHES UK & IRELAND
ONLINE LEARNING TERMS AND CONDITIONS
PLEASE READ THIS DOCUMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT THE USE OF COURSE MATERIALS ON THIS SITE.
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Content”) through the Vineyard Training website (the “Website”). These terms should be read alongside, and are in addition to, the Vineyard Churches Privacy Policy (https://www.vineyardchurches.org.uk/vineyard-churches-privacy-policy/), the Website Terms of Use and any Additional Terms and Conditions for individual modules and/or courses that may be added from time to time.
If there is any conflict between these Terms, the Website Terms of Use and any applicable Additional Terms and Conditions, the conflict shall be resolved according to the following order of priority; (1) the Additional Terms and Conditions; (2) these Terms and Conditions; and (3) the Website Terms of Use.
1. DEFINITION OF TERMS AND INTERPRETATION
1.1 “Additional Terms and Conditions” - Any terms governing the use of a specific module, course or online resource that is made available through the Website.
1.2 “Download” - To copy or move programs, files, media or information into a computer's, mobile device’s or media player’s memory, from the Internet or other available device.
1.3 “Fee/s” - Means the fee payable for the Content.
1.4 “Content” - All content, study materials, courses and modules made available through the Website.
1.5 “Streaming” / “Stream” - The activity of listening to or watching sound or video media directly from the Internet. Media is sent to a user to view in real time and is not made available for permanent download to any kind of media device.
1.6 “Terms” - Means these Terms and Conditions, the Additional Terms and Conditions and the Website Terms of Use if you purchase a Course via the Website;
1.7 “Territory” - United Kingdom and Ireland
1.8 “VAT” - Value Added Tax
1.9 “VCUKI” (“We”, “Us”, “Our”) - Refers to Vineyard Churches UK & Ireland a charitable company incorporated in England and Wales (Company No. 4839046, Charity No. 1099748) whose registered address is at The Vineyard Centre, Vulcan Street, Hull, HU6 7PS.
2.0 “Website” - The ‘Vineyard Training’ website ‘https://training.vineyardchurches.org.uk/.
2. PURCHASING CONTENT
2.1. To purchase Content through the Website you must register for an online Vineyard Training account through the Website.
2.2. When you place an order for Content through the Website you are offering to purchase the Content on these Terms. VCUKI reserves the right to decline or cancel your order, or any part of your order.
2.3. Following receipt of your order for Content through the Website you will receive an automated email confirming that your order has been received by VCUKI.
2.4. A legally binding agreement shall not exist until VCUKI receives cleared funds in payment for the Content.
2.5. VCUKI reserves the right to withdraw at any time Content advertised for sale on the Website.
3. PAYMENT TERMS
3.1. Fees for any Content supplied through the Website will be displayed on the Website. Fees will be quoted in pounds sterling and will be exclusive of VAT.
3.2. Payments for ordered Content can be made using a credit or debit card and are processed by Stripe on behalf of VCUKI.
3.3. The Fee/s will be debited from your credit card or debit card on or after the day you make an order for Content. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately.
3.4. In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website is incorrect, VCUKI will notify you as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Website VCUKI will contact you to notify you of the correct Fee, so you can decide whether you wish to continue with your order of the Content at the increased Fee.
3.4.1. Pursuant to clause 3.4 if you decide to cancel your order VCUKI will give you a full refund in respect of any amount you have already paid in accordance with clause 4.
3.4.2. If the correct fee is lower, VCUKI will refund you the difference between the amount that you have already paid and the correct fee.
4. YOUR CANCELLATION RIGHTS
4.1. You have the right to cancel your purchase of Content through the Website and receive a full or partial refund, in accordance with clauses 4.2 and 4.3 below, without giving any reason, any time up to 14 days (“cooling off period”) from the date of your purchase, except where:
4.1.1. You purchased Content and agreed at that point that you lost your right to cancel.
4.2. If you have pre-booked Content that is not immediately available and cancel within the 14-day period, you shall be entitled to a full refund minus an admin fee of up to £5.00.
4.3. If you have purchased Content that is immediately available for Download or Streaming and cancel within the 14-day period, you will receive a partial refund based on the number of days that you had access to the Content for. This will be charged at three per cent (3%) of the total Content fee per day plus an admin fee of £5.00. The total amount charged will never exceed the total paid for the Content at the point of purchase.
4.4. If you wish to cancel a purchase, you have made within the 14-day period you can do so by emailing [email protected].
5. VCUKI’S CANCELLATION RIGHTS
5.1. VCUKI maintains the right to cancel our agreement with you (or any part of it) at any time.
5.2. If we cancel your agreement with us after you have purchased Content through the Website we will, at our own discretion, issue you with a full or partial refund depending how much of the Content has been made available to you since your original purchase date.
5.3. In any event, we may immediately suspend or restrict your use of all or any part of the Website and Content without refunding or compensating you if:
5.3.1. You fail to make a payment you owe us or if your payment method fails;
5.3.2. You breach these Terms, Additional Terms and Conditions or the Website Terms of use;
5.3.3. We suspect or believe that you are committing any fraudulent activity against us or against any other person or organisation through your or their use of the Website or Content.
6. CONTENT ACCESS TERMS
6.1. Upon successfully purchasing Content, in accordance with these Terms, you will be granted the right to access the purchased Content through the Website using your registered Vineyard Training account.
6.1.1. You may Stream any digital media and/or audio-visual presentation made available to you through the Website.
6.1.2. You may Download and print certain specified course materials for your personal use only.
6.2. Except as set out in the description of the Content on the Website, no additional Content and/or tuition will be provided by VCUKI.
6.3. Your right to access any Content through the Website is personal to you and you may not transfer this right to any other person or organisation. It is your responsibility to keep your username and password for your Vineyard Training account secret. Allowing another individual to access your account, whether deliberately or negligently, may result in VCUKI revoking your access to the Website and any purchased Content.
6.4. Except were otherwise specified you are not permitted to make any copies or downloads of the Content provided through the Website.
6.5. If you purchase any Content on a subscription basis, you will be granted access to that Content for as long as you maintain a valid subscription through the Website. If your subscription ends, or you cancel your subscription, for any reason, your access to the Content will immediately end.
7. SYSTEM REQUIREMENTS
7.1. It is your responsibility to ensure that any computer or media device you use to access the Content through the Website is compatible to view the Content. VCUKI cannot be held responsible for any technical problems you encounter because of your own device compatibility.
8. MODIFICATIONS TO CONTENT
8.1. VCUKI maintains the right to modify any Content made available through the Website. Any modifications or updates to purchased Content will be provided free of charge.
9. WARRANTIES
9.1. VCUKI will provide Content to you in accordance with the Content description set out on the Website.
9.2. It is your responsibility to ensure that the Content you are purchasing will meet your needs. VCUKI does not make any commitment to you that you will obtain any particular result or qualification by completing any Content made available to you (unless otherwise stated).
9.3. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, and statute or otherwise) are hereby excluded to the maximum extent permissible by law.
10. LIMITATION OF LIABILITY
10.1. The exclusions and limitations of liability contained in these Terms do not apply to a party's liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
10.2. Except as set out in these Terms, VCUKI shall not be responsible for losses that result from its failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
10.2.1. indirect or consequential losses;
10.2.2. loss of income or revenue;
10.2.3. loss of business;
10.2.4. loss of anticipated savings; or
10.2.5. loss or corruption of data.
10.3. VCUKI is not responsible to you for any data that you lose as a result of accessing the Content. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Content, and (ii) all data that you are inputting when completing the Content.
10.4. Save as otherwise set out in this section "Limitation of Liability", VCUKI's maximum aggregate liability to you for any claims that you may have against VCUKI for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Course and the Study Materials and any technical support shall be limited to the amount of the Fee which has been paid, or is payable, by you or on your behalf.
10.5. VCUKI will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond VCUKI's reasonable control. This condition does not affect your statutory rights.
10.6. Each provision in this Clause 10 shall be construed separately as between you and VCUKI. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
11. INTELLECTUAL PROPERTY
11.1. VCUKI and/or it’s licensors remain the copyright owners of all the materials, teaching, information, and resources in the Content provided.
11.2. In consideration of the Fee, VCUKI grants you a non-exclusive and non-transferrable licence to use the Content for the sole purpose of education and study within these Terms.
11.3. Unless otherwise stated, either in these Terms or any Additional Terms and Conditions, you are not permitted to modify, copy, reproduce, republish, sell, sub-licence, upload, broadcast, post, transmit, distribute, make available or disseminate any of the Content provided through the Website.
11.4. Any use of the Content that is not expressly permitted in these Terms or any Additional Terms and Conditions is strictly prohibited.
12. DATA PROTECTION
12.1. VCUKI will process your personal data in accordance with these Terms and the Vineyard Churches Privacy Policy. Any personal data collected from you when purchasing Content will be processed to fulfil our contractual obligations to you.
13. VINEYARD TRADEMARK
13.1. VINEYARD, VINEYARD CHURCHES logo and VINEYARD logo are all registered trademarks of Vineyard Churches UK & Ireland.
14. RIGHTS OF THIRD PARTIES
14.1. The agreement between you and VCUKI which is compromised in these Terms and Conditions is not intended to be for the benefit of any third party, and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
15. UNENFORCEABLE TERMS
15.1. If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
16. NOTICES
16.1. Any notices required to be served on you by VCUKI under these Terms and Conditions will be deemed properly served if sent via prepaid postage to the postal address, or emailed to the email address, provided by you, at VCUKI's discretion. Any notices required to be served on VCUKI by you will be deemed properly served if sent to the address as per clause 19.
17. ENTIRE AGREEMENT
17.1. These Terms, any Additional Terms and Conditions and the Website Terms of Use contain the entire agreement and understanding between us with respect to the subject matter hereof and supersedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between us related to the subject matter of these Terms.
18. GOVERNING LAW AND JURISDICTION
18.1. These Terms and Conditions, and any other matters arising out of or in relation to these Terms and Conditions, are governed by and construed in accordance with the laws of England. You agree to submit to the exclusive jurisdiction of the English courts to settle any disputes which may arise out of or in connection with these Terms and Conditions.
19. CONTACT US
Vineyard Churches UK & Ireland
Training and Education
Unit 8, K3 Business Park
Clough Road
Hull
HU5 1SW
Tel: 01482 462 690
Email: [email protected]
