DIGITAL COURSES AND OTHER CONTENT: 

STANDARD TERMS & CONDITIONS

1. Background

These Standard Terms & Conditions, together with any documents referred to therein, set out the terms on which We supply digital content, including our self-guided online courses (the Content) to our customers via our website at pinandpoke.com (Our Site).  By downloading or accessing the Content, you agree to comply with and be bound by these Terms and Conditions (T&Cs). If you do not agree to these T&Cs, you may not purchase access to or download any Content.

2. Parties

2.1We are Pin and Poke Ltd (‘we / us / our’), a company incorporated and registered in England and Wales under number 15287096, whose registered office is at St George's Court, Winnington Avenue, Northwich, Cheshire, England, CW8 4EE.   You can contact us by email at hello@pinandpoke.com.

2.2 For the purposes of these T&Cs, ‘you’ means the individual to whom we are supplying the Content under the terms set out in these T&Cs.

3.     Our contract with you

Our Site will guide you through the process of purchasing our Content.  No part of Our Site constitutes a contractual offer capable of acceptance.  Your order constitutes a contractual offer which we may accept, by sending you an email confirmation, at which point a contract will come into existence between you and us.  These T&Cs will be incorporated into that contract.  In the unlikely event that we do not accept your order, we will explain why in writing, and will refund any payment made by you.

4. The Content

4.1 We shall make all reasonable efforts to ensure that the general description of the Content which appears on Our Site corresponds to the actual Content that will be provided to you.  However, we reserve the right to update and / or change the precise nature and contents of the Content from time to time.

4.2 Access to the Content will be provided to you, by email to the email address you have provided, immediately we have accepted your order and you have made payment.  By placing your order, you understand that access to the Content will be provided immediately, and you will lose any right to cancel the contract or obtain a refund, save as set out in Clause 5.1 or 6.

4.3 In the unlikely event that you experience a delay in receiving the Content, please contact us as soon as possible at hello@pinandpoke.com so that we can resolve this.

4.4 We reserve the right to terminate or restrict your right to access or use the Content if you breach the contract between us.

5.          Your right to change your mind

5.1 If you are a consumer in the United Kingdom or the EU, you have a legal right to change your mind about your purchase within 14 days of the day after we confirm we have accepted your order (the Cooling Off Period), and to receive a refund of what you paid.

5.2 However, once you access, download or stream the Content, you will lose your right to change your mind and cancel the contract. By placing your order and consenting to immediate access to the Content, you expressly acknowledge and agree that:

(a) the Content will be made available to you immediately after we accept your order and receive payment; and

(b) you will lose your right to change your mind and cancel the contract once you begin to access, download or stream the Content.

5.3 If you wish to change your mind before you have accessed the Content, please contact us by email at hello@pinandpoke.com or use the Model Cancellation Form attached to these T&Cs. We will refund you using the same method of payment you used for your order.

6. Your legal rights as a consumer

6.1      We are committed to upholding our legal duty to supply Content which is as described, of satisfactory quality, and fit for purpose. Your legal rights are summarised below. For further details, visit the Citizens Advice website at www.citizensadvice.org.uk.

Summary of your key legal rights:

Under the Consumer Rights Act 2015, digital content must be as described, fit for purpose and of satisfactory quality:

  • If your digital content is faulty, you are entitled to a repair or a replacement.

  • If the fault cannot be fixed, or has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

  • If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

6.2 You may also terminate the contract immediately and obtain a refund if the supply of the Content is or may be significantly delayed because of events outside our control, for technical reasons, or because we are updating the Content, in each case for a period of more than 14 days.

6.3           If you believe the Content we have supplied is defective or has been significantly delayed, or have any other questions or complaints about the Content you purchased, please contact us by email at hello@pinandpoke.com.

 7.          Price and payment

7.1           The price for supplying the Content to you will be the price indicated on Our Site at the time you place your order.  We make all reasonable efforts to ensure that the prices shown on Our Site are correct.  We may change the pricing of the Content from time to time, however any such changes in pricing will not affect an order you have already placed.

7.2           We accept payment for the Content via the payment gateway on Our Site.  You will be required to pay for the Content before you are given access to it.

7.3 Despite our best efforts, the Content we sell may occasionally be incorrectly priced on Our Site. In these circumstances, we may decline to supply the incorrectly priced Content, in which case we will let you know as soon as possible and give you the option to pay the correct price. If you do not wish to do so, we will refund any sums you have paid.

7.4 If we are unable to collect any payment due from you, we may charge interest on the overdue amount at the rate of 4% per year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment. You will pay us the overdue amount plus interest together with reasonable costs of recovery.

8.        Our intellectual property

8.1          All Content supplied by us is our property (or the property of our licensors, as appropriate) and is protected by copyright and other intellectual property laws.  All intellectual property rights subsisting in our Content shall at all times remain our exclusive property (or the property of our licensors, as appropriate).  Nothing in these T&Cs shall give you any rights in the Content or any other material provided by or belonging to us (or our licensors).  

8.2         When you pay us to supply our Content, we will grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Content solely for your use.  The licence granted to you does not give you any rights in the Content (including any material that we may licence from third parties).  

8.3         You may not, at any time copy, record, reproduce, modify, rent, sell, publish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Content (or any part of it) or make Content (or any part of it) available to any other person.

8.4 You may not remove any copyright or proprietary notices from the Content.

9.        Limitation of liability

9.1         If we breach our contract with you, we are responsible for loss or damage you suffer that is a foreseeable result of that breach.  We are not responsible for any loss or damage that is not foreseeable.  

9.2        Nothing in this Clause 9 shall exclude or limit our liability for (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation.

9.3         If defective Content supplied by us damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, provided you can show that this damage was due to our lack of skill and care. We will not be liable for damage which you could have avoided by following our instructions, or for damage which was caused by you.

9.4        We shall not be liable to you for any loss of profit, loss of business, interruption to business, loss of business opportunity or any other indirect, special or consequential loss or damages, however this is caused.

9.5        Nothing in these T&Cs shall exclude or restrict your statutory rights under the Consumer Rights Act 2015 in relation to the Content, including your rights in respect of Content which is not of satisfactory quality, not fit for a particular purpose, or not as described.  Subject only to those consumer rights:

(a) We make reasonable efforts to ensure the accuracy and quality of our Content at the time it is delivered.  However, we do not represent or warrant (expressly or impliedly) that the Content is accurate, complete, up-to-date or error-free.  We are under no obligation to update the Content after it has been provided to you; and

(b) We do not represent or guarantee that the Content is suitable for your use.  It is your responsibility to ensure that the Content is suitable for your purposes, and you access and use it at your discretion.  

9.6        Subject to the remainder of this Clause 9, our total liability to you under the contract between us shall be limited to the price you paid for the Content we supply to you.

10.        Data Protection

We will only use your personal information in accordance with our Privacy Notice, which appears on Our Site.

11.        Other terms

11.1You acknowledge that you have not relied upon any statement, representation, warranty or assurance made by us or on our behalf that is not set out in these T&Cs, and accordingly you shall have no claim for any innocent or negligent misrepresentation or negligent misstatement.

11.2We may transfer our rights and obligations under these T&Cs, for example if we sell our business.  The transfer will not affect your rights under the contract between us.  You may not transfer your rights or obligations under the contract to any other person.

11.3       The contract is between you and us. No other person shall have the right to enforce any of its terms, and the Contracts (Rights of Third Parties) Act 1999 shall not apply.

11.4 Each of the terms contained in these T&Cs and in the contract between us operates separately. If any court decides that any of them are unlawful, the other clauses will remain in full force and effect.

11.5 We reserve the right to amend these T&Cs from time to time without prior notice to you. These changes will not apply to you if you have already placed your order and we have accepted it.

11.6 The contract between us is governed by English law, and you can bring a claim against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring a claim against us in the courts of the country in which you live. We can also claim against you in the country you live in.

Please find the MODEL CANCELLATION FORM here.