Terms and Conditions - Digital Courses

Introduction

Please read the following important terms and conditions before you buy any digital content from us and check that they contain everything you want and nothing that you are not willing to agree to. By purchasing a Digital Course, you confirm that you accept these Terms and Conditions (Terms) and that you agree to comply with them. If you do not agree to these Terms, you must not purchase or access the Digital Course.

Please print out or save a copy of this document for your records.

1. Definitions and Identity

1.1. Who We Are: This document sets out the terms and conditions for courses and services provided by ExceptionalCX Ltd (“we,” “us,” or “our”), a limited company registered in England and Wales. We are subject to English law. Our registered office is at 10 Wordsworth Place, Whiteley, Fareham, PO15 7LY. We can be contacted by emailing [email protected] 

1.2. Key Definitions:

  • “Courses” or “Digital Courses”: Refers to any digital training courses, including the “Perfect Persona Course” and any future courses created by us, delivered via the exceptionalcx.com website.
  • “Services”: Refers to the provision of our time and expertise, such as one-on-one coaching or mentoring sessions, via a video call.
  • “Online Tools”: Refers to any digital tools, including but not limited to Google Drive documents or potential online tools, and the use of AI, that are used as part of the Courses.
  • “Hybrid Offerings”: Refers to the purchase of both a Digital Course and Services, for example, access to a Digital Course and an hour-long one-on-one coaching or mentoring session.

2. Course Access and Usage

2.1. Access to Courses: All Courses are accessed through a secure login on the exceptionalcx.com website. Course materials may be accessed directly on the course pages or downloaded via links to Online Tools. These terms and conditions also apply to any free digital content provided by us.

2.2. Single-User License: Upon purchase, you are granted a single-user license for the sole use of the purchasing individual. This license is for your use as a tool for your business. Login credentials may not be shared with any other person. If you require multiple licenses for your business, you must contact us to arrange a separate purchase and negotiate a discount.

2.3. Duration of Access: You are granted lifetime access to the Course. This means for the duration of the Course’s existence, not the lifetime of the user or the business. We may update the Course content at any time, and you will have access to these updates.

2.4. When you buy access to a Digital Course you are agreeing that: you will pay for the Digital Course before accessing it; we are not responsible for delays or issues relating to your access to the course that are outside of our control; we can change the Digital Course and these Terms; we can withdraw Digital Courses (the course will cease to exist); we can end our contract with you; we don’t compensate you for all losses caused by us or our Digital Courses; we use your personal data as set out in our Privacy Notice; other important terms apply.

2.5. Suspension of Supply: We can suspend supply. We can do this to deal with technical problems, perform platform maintenance, make minor technical changes, or update learning management system features; update the Digital Courses; make changes to the Digital Courses. We will try to let you know in advance if we’re suspending a Digital Course.

2.6. Termination of Supply: We can terminate the supply of a Digital Course, and/or a virtual coaching or mentoring session, if you breach our acceptable use policy for Digital Courses, including but not limited to: recording, sharing, or distributing Digital Course content without authorisation; inappropriate behaviour in virtual sessions; attempting to circumvent Digital Course security measures; sharing access credentials with others; failure to complete mandatory Digital Course or Services requirements within the specified timeframes.

2.6.1. Compensation for Losses: We’re not responsible for losses you suffer caused by us breaking this contract if the loss is unexpected (i.e. it was not obvious that it would happen and nothing you told us meant we should have expected it, so in the law, the loss was unforeseeable); or caused by a delaying event outside of our control; or avoidable (i.e. something you could have avoided by taking reasonable action, for example, inability to access Digital Course content due to not meeting the technical requirements, failing to complete required system compatibility checks, etc.)

3. Intellectual Property and Content Ownership

3.1. Our Ownership: All intellectual property and copyright in the Course materials and content, including all text, videos, workbooks, and other Online Tools, are and will remain the exclusive property of ExceptionalCX Ltd.

3.2. User’s Ownership: You own all the work and materials you create as a direct result of completing the Course.

3.3. Prohibited Actions: You are expressly prohibited from copying, reproducing, or distributing the Course materials or any of their content without our express prior written permission. You may, however, share the name of the Course and links to the public sales page. You must not share your access credentials with anyone.

4. Refunds and Cancellations

4.1. Summary of Your Key Legal Rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (UK) say that you have a 14-day right to change your mind and get a full refund on your digital content. You lose this right to cancel once you access any part of the Digital Course content, provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If your digital content is faulty, you’re entitled to a repair or a replacement. 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. 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.

This is a summary of some of your key rights. For detailed information from Citizens Advice in the UK, please visit http://www.citizensadvice.org.uk or call 0808 223 1133. The information in this summary box summarises some of your key rights. It is not intended to replace the terms and conditions below, which you should read carefully.

4.2. 14-Day Cooling-Off Period: Your legal right to a 14-day refund for the purchase of a Course begins on the date of purchase. However, you lose your right to a refund once you access any part of the Digital Course content, as it is considered a digital product that has been consumed.

4.2.1. The Digital Course is Faulty: If you think there is something wrong with a Digital Course, you must contact us as set out above. Your legal rights are summarised above. 

4.2.2. Resolution of Disputes: Please contact us if you have any complaints about our Digital Courses, using the details above. We will do our best to resolve any problems you have with us or our Digital Courses fairly.

4.3. Hybrid Offerings: Any Service purchased as part of a hybrid offering must be booked within 14 days of the purchase date at a time that is mutually convenient for both parties. The session does not have to take place within this 14-day window. For any session that includes our time, you must provide us with a copy of your work resulting from completing the course and any discussion points at least 48 hours over two working days before the scheduled video call. Separate Terms and Conditions apply for Services.

5. Other Important Clauses

5.1. Content Updates: We may update or modify the Course content from time to time. Should an Online Tool be created for the Course, those who purchased the Course before its release will be given access to it for free.

5.2. Technical Requirements: You are responsible for ensuring you have a stable internet connection and are familiar with basic functions of Online Tools like Google Drive. The Course cannot be downloaded in its entirety or in part, and is not accessible offline.

5.3. Privacy and Personal Information: How we use any personal data you give us is set out in our Privacy Notice, which is available on our website at https://exceptionalcx.com/gdpr-data-privacy-notice/ 

5.4. Provision of correct information: You must provide us with correct information. We will email access credentials to you. Please check this carefully. You are responsible for ensuring that you have provided us with complete and accurate information for yourself. If any of the information you have supplied as part of the purchase appears incorrect please update it and/or notify us immediately.

6. General Provisions

6.1. Rights Under this Contract: This is a contract between you and us. Nobody else can enforce it, and neither of us will need to ask anybody else to sign-off on ending or changing it.

6.2. Continuation of Terms: If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these Terms are unlawful, the rest will continue to apply.

6.3. Enforcement of these Terms: Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.