CAREER STEPLADDER TERMS AND CONDITIONS
www.careerstepladder.co.uk and www.careerstepladder.com (“Website”) are the websites operated by Torry Harris Business Services, Inc. ("We"). We are registered in the USA under company number 87-0807194 and have our registered office at 536 Fayette Street Perth Amboy, NJ 08861. Our main trading address is 536 Fayette Street Perth Amboy, NJ 08861.
We are a limited liability company.
"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 us to accompany a course provided as part of the Services in electronic form.
"Fees" means the fees paid by you to us 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 or by telephone.
"Taught Course" means a course taught by us in a classroom setting (including a virtual one) to which you attend in person. “you” means the individual purchasing the Services.
5.1. 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 in accordance with the description set out on the Website.
5.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
5.3 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, professional qualification or employment opportunity from your purchase and completion of any of the Services.
5.4. No academic credit. Upon successful completion of each Online Course or Taught Course you will receive a certificate for completion. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of an Online Course or Taught Course does not confer any academic credit. Our certificates are not formally recognized by academic or other official institutions and/or organizations. We, our lecturers and teachers, as well as any associated content providers, have no obligation to provide Materials or other information (oral or written) in compliance with the requirements of an accredited and/or official institution or organization.
6.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
6.2. We reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with this clause 6.
6.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order.
6.4. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you.
7.1. You are permitted within 5 working days starting on the day after the date we have concluded our agreement in accordance with clause 7 to cancel your purchase of the Services.
7.2. 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.
7.3. There is no other right to cancel or vary your purchase of Services except those listed in this clause 7 and any other cancellation and/or variation of course dates will be at our sole discretion.
8.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
8.2. 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 prior to your purchase the Services.
8.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Unless otherwise expressly stated on the Website, Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.
8.4. Any additional service fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and we shall not be responsible for these nor shall we reimburse thereof in any way whatsoever.
8.5. 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.
9.1. All Intellectual Property Rights in the Course Materials and Online Courses, as well as the lessons compiled by our tutors and lecturers at the Taught Courses are, and remain our Intellectual Property or the property of our licensors, whether adapted, written for or customised for the client or not.
9.2. You are not authorised to:-
(i) modify, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record in any way 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 our copyright or other notice we have displayed 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 9 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.
9.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
9.4. You may print off one copy, and may download extracts or whole parts, of any page(s) and/or training materials from our site for your personal use only.
9.5. Our status (and that of any identified contributors) as the authors of the Materials or any other portion of the Services must always be acknowledged.
10.1. 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.
10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.3. This clause shall continue notwithstanding termination of these terms and conditions.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 14 June 2021.
We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and conditions, and that they comply with them.
We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.1. You must treat your log-in and payment information (such as e-mail address, registration name, password, credit and/or debit card details, including number, CVV, etc.) confidential. You must not disclose it to any third party.
15.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.
16.1. The content of the Services is provided for training purposes 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 Services.
16.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or any portion of the Services is accurate, complete or up to date.
17.1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us or any of our affiliated companies of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
17.2. You acknowledge and agree that the content in such third-parties’ links is not created or endorsed by us. You acknowledge that the the content in such third-parties’ links is obtained from sources believed to be reliable, but that no guarantees are made by us as to their accuracy, completeness, timeliness or fitness for a particular purpose. You agree not to hold us liable for any decision or other transaction you may make based on your reliance on or use of such content, or any liability that may arise due to delays or interruptions in the delivery of the third parties’ content for whatever reason.
17.3. While using any third party content, you may be directed to a website not maintained by us. If you decide to visit any such site, you do so at your own risk, and it is your responsibility to take all protective measures to guard your information and infrastructure against viruses or other destructive elements.
The Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
If you wish to complain about content uploaded by other users, please contact us.
20.1. Whether you are a consumer or a business user:
(i) 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 and for fraud or fraudulent misrepresentation;
(ii) All Materials, information and any software made available to you by us while providing the Services is provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding any third party content. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you;
(iii) You agree to indemnify and hold us and our affiliated companies harmless from any claim, cost, expense, judgment or other loss resulting from your use of the information and materials available on this website, including without limitation of the foregoing, any action you take which is in violation of these terms and conditions;
(iv) Out 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;
(v) 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;
(vi) If defective digital content that 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 that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow any installation instructions or to have in place the minimum system requirements advised by us.
20.2. In addition to clause 20.1. hereof, If you are a business user:
(i) We will not be liable to you 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.
- In particular, we will not be liable for:
- Loss of profits, sales, business, or revenue;
- Business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
20.3. In addition to clause 20.1. hereof, if you are a consumer user:
(a) Please note that we only provide our Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
22.1. You warrant that any such contribution does comply with these terms and conditions, and you will be liable to us and indemnify us for any breach of that warranty and/or any third parties’ intellectual property infringement. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
22.2. When you upload or post content to our Website, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services provided by us. Any content you upload to our Website will be considered non-confidential.
22.3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their Intellectual Property rights, or of their right to privacy.
22.4. We have the right to remove any posting you make on our Website if, in our sole opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
22.5. You are solely responsible for securing and backing up your content.
23.1. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
23.2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
25.1. If you are a consumer, please note that these terms and conditions, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
25.2. If you are a business, these terms and conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
26.1. 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:
(i) fail to pay when due your Fees;
(ii) act in an aggressive, bullying, offensive, threatening or harassing manner towards any our employee, any teacher or lecturer who provides the Taught Courses or any student who attends any Taught Course;
(iii) commit any criminal offence or where the victim is our employee or student; and
(iv) are in breach of these terms and conditions.
These terms and conditions, together with the 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.
We shall not be liable to you for any breach of our obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, pandemics or epidemics, 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.
You can contact us by any of the following methods:
536 Fayette Street Perth Amboy, NJ 08861