Terms of sales

1. INTRODUCTION

1.1 By accessing the Platform, you are joining a global community of learners. The aim of the Training Provider is to provide access to high-quality training in craftsmanship and service industries, regardless of your location or professional status. The Platform offers interactive learning, enabling you to communicate with other learners and contribute content.

1.2 These terms define your rights and obligations as a learner on the Platform, as well as those of the Training Provider.

1.3 The Learner consents to and undertakes to comply with these provisions when accessing and using the Platform.

1.4 Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided at https://www.theworkery.co.uk/infos/privacy-policy/ and it is important that you read that information.

1.5 In these terms any reference to “you” or “your” means you the Learner and any reference to “we”, “us” or “our” means the Training Provider.

1.6 Unless otherwise defined in these terms any term capitalised shall have the meaning given to it in the Agreement.

2. CONTACTS

Support: If you want to learn more about the Platform or have any problems using them please see our support resources at theworkery.notion.site/faq

Contacting us (including with complaints). If you think the Platform is faulty or wish to contact us for any other reason please email our customer service team at learner.success@theworkery.co.uk.

How we will communicate with you. If we need to contact you, we will do so by email or by phone/Whatsapp using the contact details you have provided to us.

2.1 Learner Account

(a) Access to and use of the Platform requires the prior registration of an individual personal account. To participate fully, you must provide a name, email address, and password (the “Login Credentials”). During setup, you may provide additional optional information. You undertake to provide accurate and up-to-date information and to update it as necessary. Learners must not create a false identity intended to mislead others; and

(b) You are personally responsible for all activity conducted via their account or using their credentials. Please notify us immediately of any unauthorised access by emailing the address provided above.

3. RECOMMENDATIONS AND CODE OF CONDUCT

3.1 Learner Recommendations:

You are encouraged to:

(a) Participate fully in all course activities: videos, exercises, assignments, and practical tasks;

(b) Engage with other learners regarding general concepts and resources using the collaborative tools provided; and

3.2 Licence Restrictions

(a) You agree that you will not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from us; and

(b) You agree that you will not translate, merge, adapt, vary, alter or modify, the whole or any part of Platform nor permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these terms.

3.3 Code of Conduct:

(a) Learners undertake to use the Platform in compliance with applicable laws and regulations. You must not infringe upon the rights of third parties. The Training Provider strictly prohibits any acts of cybercrime, including breaches of confidentiality, integrity, or availability of access, content, or systems.

(b) You undertake to follow IT ethics and specifically refrain from:

(i) Impersonating others;

(ii) Misappropriating another learner’s password;

(iii) Modifying or destroying information that does not belong to you;

(iv) Accessing other learners’ information without permission;

(v) Attempting unauthorised logins;

(vi) Allowing others to use your username and/or password;

(vii) Misusing Platform features;

(viii) Hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;

(ix) collecting or harvesting any information or data from the Platform or our systems or attempting to decipher any transmissions to or from the servers running the Platform;

(x) disassembling, de-compiling, reverse engineering or creating derivative works based on the whole or any part of the Platform nor attempting to do any such things, except to the extent permitted by applicable law; and

(xi) Damaging, overloading, or impairing the server or network.

(i) Post or publish content that is racist, xenophobic, antisemitic, homophobic, pornographic, or that incites violence, terrorism, or the use of illegal substances;

(ii) Publish insulting, defamatory, offensive or otherwise objectionable or private content;

(iii) Infringe on intellectual property rights or image rights, including by the submission of any material;

(iv) Intentionally publish false or misleading content; and

(v) Promote commercial services for profit.

(d) You also agree to:

(i) Respect all intellectual property rights related to Platform Content (as defined below);

(ii) Respect the privacy of other learners;

(iii) Maintain the security of personal data;

(iv) Refrain from collecting learner information (including emails) without consent; and

(v) Maintain academic integrity (no cheating or publishing assessment answers).

You must report illegal content to learner.success@theworkery.co.uk. We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our Platform violates their intellectual property rights or their right to privacy. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the acceptable use standards set out in these terms.

4. NO TEXT OR DATA MINING, OR WEB SCRAPING

4.1 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Platform or for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

(a) Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same; and

(b) Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

4.2 The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

4.3 This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

5. RULES FOR USING PLATFORM CONTENT

5.1 General Rules

(a) The content made available to you on the Platform includes text, images, photography, videos, audio, music, scripts, software, and any combination thereof, along with any other material you may view or access within the Platform (hereinafter referred to as the “Content”).

(b) All intellectual property rights in the Platform, the Content and the services you connect to via the Platform (the “Services”) throughout the world belong to us (or our licensors) and the rights in the Platform, the Content and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Content or the Services other than the right to use them in accordance with these terms.

(c) We grant you a non-exclusive, non-transferable and revocable licence to use the Content during the Term for private, non-commercial, and personal purposes. This licence shall expire on termination or expiry of this Agreement.

(d) Except as expressly permitted within these terms or specifically authorised by the Training Provider (or its partners) for a particular element of Content (e.g., specific permission to reproduce or redistribute an online course), you are prohibited from:

(i) Using the Content for any purpose other than private, non-commercial, and personal use during the Term;

(ii) Reproducing or using trademarks, logos, belonging to the Training Provider or its partners; or

(iii) Modifying, assembling, decompiling, assigning, sublicensing, transferring, copying, translating, reproducing, selling, publishing, or distributing all or any part of the Platform or Content in any format whatsoever.

In addition to the above, you undertake to comply with any Programme-specific terms provided at the time of enrolment or communicated to you from time to time.

5.2 Specific Rules for Learner-Generated Content

(a) Each learner may submit content to the Platform, including text, photos, videos, forum discussions, wikis, social media interactions, and external links (hereinafter ‘Learner Content’).

(b) The Training Provider does not endorse any Learner Content, opinions, or advice expressed therein and expressly disclaims all liability related to such content. The Training Provider does not guarantee the truthfulness, completeness, or accuracy of Learner Content posted by other learners.

(c) The Training Provider reserves the right to permanently remove, immediately and without notice, any Learner Content that breaches legal provisions or these Terms. By submitting content, you warrant that you hold all necessary rights and authorisations to allow the Training Provider and its partners to use the content worldwide in perpetuity.

5.3 By submitting Learner Content, you grant us a perpetual, worldwide, exclusive, transferable, irrevocable and royalty-free licence (including the right to sublicense) to use, reproduce, distribute, display, and create derivative works from your Learner Content for Platform operations or promotional purposes across all media channels.

5.4 External Links

The Platform may contain hypertext links to third-party websites not operated by us. We have no control over the content, privacy policies, or practices of these sites. The inclusion of a link does not imply endorsement. It is your responsibility to use such information with critical judgment. The Training Provider expressly disclaims liability should these sites violate legal provisions or if their consultation results in any prejudice to you.

5.5 Breach of Terms

(a) In the event of a breach of any provision of these Platform, we reserve the right to suspend or terminate your access to all or part of the Platform and the Services, either temporarily or permanently, without compensation or prior notice; and

(b) We also reserve the right to remove any content, information, or data uploaded by you to the Platform, particularly in the event of a violation of applicable law or a third-party claim. These provisions are without prejudice to our rights and that of our partners to pursue legal action against you in relation to the breach.

6. RESPONSIBILITIES

6.1 Learner Responsibilities:

(a) All hardware and software required to access and use the Platform are your sole responsibility. You are responsible for the maintenance and proper functioning of their equipment and internet access. You are required to take all necessary preventative measures to protect their data, software, and IT systems from potential virus contamination or security threats.

(b) The use of Content or Learner Content is your sole responsibility and access to Content and Learner Content is at your own risk, and the Training Provider shall not be held liable for any damage or loss of data resulting from the download or use of Content or Learner Content available on the Platform.

(c) You shall indemnify the Training Provider and any affected third parties for any direct or indirect damages caused by your Learner Content, regardless of its nature, transmitted or published via the Platform, as well as for any violation of these terms.

6.2 Our Responsibilities:

(a) We provide no warranty as to Platform availability or uptime and we shall not be held liable for any damages resulting from Platform unavailability.

(b) We employ all reasonable means to ensure high-quality access for our learners but provides no guarantee of specific results. Furthermore, we cannot be held responsible for network or server malfunctions, or any other event beyond our reasonable control, that may prevent or degrade your access.

(c) The Training Provider reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Platform without prior notice for maintenance or other reasons; such interruptions do not entitle you to any compensation. The Training Provider does not warrant that the Platform will meet your specific requirements or that it will operate without error or interruption.

(d) The Training Provider cannot be held liable for damages resulting from the use (or inability to use) the Platform, or for any malicious conduct or content from third parties. Under no circumstances shall the Training Provider be held liable for the relationship between learners and the providers of online courses hosted on the Platform.

7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

7.1 Whether you are a consumer or a business user:

7.2 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 and for fraud or fraudulent misrepresentation.

7.3 If you are a business user:

7.4 We exclude all implied conditions, warranties, representations or other terms that may apply to the Platform or content on it.

7.5 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:

(a) use of, or inability to use, the Platform; or

(b) use of or reliance on any content displayed on the Platform;

(i) loss of profits, sales, business, or revenue;

(ii) business interruption;

(iii) loss of anticipated savings;

(iv) loss of business opportunity, goodwill or reputation; or

(v) any indirect or consequential loss or damage.

7.6 If you are a consumer user:

(a) We only provide Platform for domestic and private use. You agree not to use the Platform 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.

(b) 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 installation instructions or to have in place the minimum system requirements advised by us.

8. General

8.1 We may transfer our rights and obligations under these terms 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 Agreement.

8.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

8.3 Unless expressly stated otherwise, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.

8.4 Each of the parts of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining parts will remain in full force and effect.

8.5 Even if we delay in enforcing these terms, we can still enforce them 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.

9. WHICH COUNTRY'S LAWS APPLY TO A DISPUTE

9.1 If you are a consumer, please note that these terms, their subject matter and their formation, are governed by English law. 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 a resident of Scotland, you may also bring proceedings in Scotland.

9.2 If you are a business, these terms, 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.

10. AMENDMENTS TO THESE TERMS

10.1 We may amend these terms from time to time.

10.2 Material Changes: If we propose to make a material change to these terms (including any change that adversely affects your rights, increases your obligations, reduces Platform functionality, or affects any fees), we shall give you not less than 30 days' prior written notice (by email to your registered email address), specifying the nature of the change and the date on which it will take effect (the "Change Effective Date").

10.3 Right to Reject: If you do not wish to accept a material change, you may terminate your use of the Platform by giving us written notice before the Change Effective Date. In such case, we shall refund to you a pro-rata portion of any fees pre-paid for the period after the date of termination.

10.4 Deemed Acceptance: If you continue to use the Platform after the Change Effective Date, you shall be deemed to have accepted the amended terms.

10.5 Non-Material Changes: We may make non-material changes to these terms (including corrections, clarifications, and changes required by applicable law) at any time, with effect from the date the updated terms are posted on the Platform or notified to you in writing.