Touch of Happiness is a trading name of Elizabeth Sheppard (Registered Sole Trader), whose registered address is 87 Corinne Road, London, N19 5HA, United Kingdom and by accepting an Online Course on this Website you will be contracting with Touch of Happiness and agree these Terms and Conditions with Touch of Happiness.
These Terms and Conditions in addition to the Website Terms of Use apply to the sale of any Online Course. Please read these Terms and Conditions carefully before purchasing an Online Course. By ordering an Online Course, you are confirming your agreement to be bound by these Terms and Conditions.
1. Definitions
- “Online Course” means an online course which does not have a predetermined start date and is available for study and completion by you immediately following delivery by Touch of Happiness;
- “Fee” means the fee payable for the Online Course and shall include any VAT payable;
- “Terms” means these Terms and Conditions and the Website Terms of Use when you purchase an Online Course via the Website;
- “Website” means https://www.touchofhappiness.co.uk; and “you” means the individual purchasing the Online Course.
2. Ordering Procedure
2.1 Ordering via the Website
2.1.1 In order to purchase an Online Course via the Website you must registered for an online account via the Website. This is automatically generated at checkout based on the first and last name you provide. If you already have an online account, you can log onto your account using the user name and password that you were provided with when you registered.
2.1.2 When purchasing an Online Course via the Website, you can change your order at any time up to the point at which you click the “Pay Now” button by using the “Edit” option to amend the details submitted and/or by using the “Remove” option to remove an item from your basket.
2.2 When you place an order for an Online Course you are offering to purchase that Online Course on these Terms. Touch of Happiness reserves the right to decline or cancel your order, or any part of your order.
2.3 Following receipt by Touch of Happiness of your order for an Online Course via the Website you will receive an automated email confirming that your order has been received by Touch of Happiness. Your order will be subject to acceptance by Touch of Happiness of your offer to purchase in accordance with Clause 2.4 below.
2.4 A legally binding agreement shall not come into existence until Touch of Happiness has accepted your offer to purchase an Online Course by:
(i) sending you a separate order acceptance confirmation email, which will be effective upon sending an email to the email address that you have provided, and
(ii) receiving payment for the Online Course in cleared funds from yourself
2.5 Touch of Happiness reserves the right to withdraw at any time Online Courses advertised for sale on the Website.
3. Payment Terms
3.1 The Fee for any Online Course at any given time will be displayed on the Website. Fees are quoted in pounds sterling, inclusive of VAT.
3.2 If you purchase an Online Course on the Website:
3.2.1 the Fee including VAT will be shown prior to completion of the online transaction; and
3.2.2 You will be liable to pay the Fee via a Direct Bank Transfer to the account details provided on the Confirmation Page and given in the automated email sent as per Clause 2.3. OR…
3.2.3 Touch of Happiness will debit the Fee from your credit card or debit card, using a third party payment gateway, on or after the day you make an order for an Online Course. Credit or debit card details are collected over a secure link and an authorised amount verification is taken immediately. Your order will be confirmed only upon receipt of the Fee in cleared funds by Touch of Happiness and will be subject to acceptance of your offer to purchase by Touch of Happiness in accordance with Clause 2.4. We do not make any charges for payments by credit or debit card.
3.3 In the unlikely event that due to a technical error, the amount of the Fee displayed on the Website is incorrect, Touch of Happiness 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, Touch of Happiness will contact you to notify you of the correct Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Fee.
3.4 Pursuant to Clause 3.3 if you decide you want to cancel your order Touch of Happiness will give you a full refund in respect of any amount you have already paid in accordance with Clause 3. If the correct Fee is lower, Touch of Happiness will refund you the difference only between the amount which you have paid and the correct Fee payable.
3.5 The provision of the Course is contingent upon Touch of Happiness having received cleared funds from you in respect of the Fee for the relevant Online Course. Without prejudice to Touch of Happiness’ rights and remedies under these Terms, if any sum payable is not paid in cleared funds on or before the due date (being the date the Online Course is booked), Touch of Happiness reserves the right, forthwith and at Touch of Happiness’ sole discretion, to suspend the provision to you and refuse you entry to the relevant Online Course.
4. Cancellation Rights
4.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”) you may cancel your purchase of the Online Course within a period of 14 calendar days (“Cancellation Period”) from the date on which the contract is concluded subject to Clause 4.4.
4.2 You must inform Touch of Happiness of your decision to cancel by using one of the following methods within the Cancellation Period:
4.2.1 Emailing elizabeth@touchofhappiness.co.uk.
4.3 On cancellation you will be entitled to a full refund of the Fees.
4.4 Refunds will be made using the same method of payment as you used for the purchase and will be paid within 14 days of you informing Touch of Happiness of the cancellation.
4.5 As the contract is for digital content including an Online Course your right to cancel and obtain any refund will be lost if you have given Touch of Happiness express consent to supply the digital content to you during the Cancellation Period or if you access the digital content before the expiry of the Cancellation Period.
4.6 For further details of your rights under the Consumer Contracts Regulations you can visit your local Citizens’ Advice Bureau or visit the Competition and Markets Authority website.
4.7 Your order of an Online Course is personal to you and you will not be permitted to transfer your enrolment on an Online Course to any other student.
4.8 Touch of Happiness reserves the right to use its discretion to determine whether to make refunds and/or deferrals in exceptional circumstances which fall outside Clause 4 and Clause 5 and to charge an additional fee in any such event to cover the administration costs incurred by Touch of Happiness. Any such additional fees will be communicated to you before you make your decision.
5. Additional Cancellation Rights
5.1 Cancellation Policy for Online Courses
5.1.1 In addition to your rights under the Consumer Contracts Regulations, subject to clauses 4.1 Touch of Happiness also offers the following refund policy (where there is no legal right to a refund under the Consumer Contracts Regulations or otherwise):
5.2 Except as set out in Clauses 4 and 5, no cancellations and/or deferrals will be permitted for an Online Course.
5.3 You must cancel your place on an Online Course pursuant to Clause 5 by using one of the following methods:
5.3.1 Emailing elizabeth@touchofhappiness.co.uk.
6. Online Course Content and Access Terms
6.1 Please see the description of the Online Course on the Website for details of the contents of the available Online Courses.
6.2 In relation to Online Courses the following points apply:
6.2.1 Upon receipt of a confirmation email from Touch of Happiness you will be notified when you have access to the Online Course purchased, unless any such Online Course is removed.
6.2.2 The receipt of an Online Course is personal to you and you may not transfer your rights to access the Online Course or provide an Online Course to any other person.
7. Modifications to content of existing courses or technology enhancements
7.1 From time to time, Touch of Happiness may make modifications, enhancements or issue clarifications to the audiovisual, interactive or written Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
8. Annual (or other term) Updates
8.1 Touch of Happiness will, from time to time, produce and issue new Online Courses covering new content and material. Where this material supersedes existing Online Courses, these may be available for purchase as new Online Courses.
8.2 For the avoidance of doubt, purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
9. Technical Support and Access
9.1 Touch of Happiness will provide technical and content support to individuals who have purchased an Online Course in respect of the Online Course purchased, in accordance with the provisions referred to below.
9.2 If you report a fault to Touch of Happiness, Touch of Happiness will use reasonable endeavours to provide a solution but Touch of Happiness does not guarantee that the technical support provided will resolve your technical problems. If you receive technical advice from Touch of Happiness then Touch of Happiness will not accept any responsibility for any problem if you do not ensure that such advice is strictly followed.
9.3 Touch of Happiness will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Touch of Happiness reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
9.4 You also accept and acknowledge that Touch of Happiness cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
9.5.1 the operation of the internet and the World Wide Web, including but not limited to viruses;
9.5.2 any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
9.5.3 failures of telecommunications links and equipment; or
9.5.4 updated browser issues.
10. Warranties
10.1 Touch of Happiness does not make any commitment that the Online Course will be compatible with or operate with your software or hardware.
10.2 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.
11. Limitation of liability
11.1 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.
11.2 Except as set out in these Terms, Touch of Happiness 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:
11.2.1 indirect or consequential losses;
11.2.2 loss of income or revenue;
11.2.3 loss of business;
11.2.4 loss of anticipated savings; or
11.2.5 loss or corruption of data.
11.3 Touch of Happiness is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course, or (b) during completion of any Online Course. 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 Online Course, and (ii) all data that you are inputting when completing the Online Course.
11.4 Save as otherwise set out in this section “Limitation of liability”, Touch of Happiness’ maximum aggregate liability to you for any claims that you may have against Touch of Happiness for direct loss in contract, tort or otherwise arising out of or in connection with these Terms, the Online Course 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.
11.5 Touch of Happiness 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 Touch of Happiness’ reasonable control. This condition does not affect your statutory rights.
11.6 Each provision in this Clause 15 shall be construed separately as between you and Touch of Happiness. 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.
12. Intellectual property
12.1 At all times, Touch of Happiness remains the owner of the intellectual property in the Online Courses content.
12.2 In consideration of receipt by Touch of Happiness of the Fee, Touch of Happiness grants to you a non-exclusive, non-transferable licence to use the content for the sole purpose of studying and completing the Online Course.
12.3 Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way any of the Online Course content. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Course content or create derivative works based on the whole of or any part, or which incorporate, the Online Course content into any software program.
13. Data protection
13.1 Touch of Happiness will process the information it receives from you or otherwise holds about you in accordance with these Terms and the privacy policy. You consent to the use by Touch of Happiness of such information in accordance with these Terms and Touch of Happiness’ Privacy Policy. Touch of Happiness will use such information including but not limited to:
13.1.1 perform its obligations and enforce its rights under these Terms;
13.1.2 contact you by email, telephone or post to inform you about other products or services which may be of interest to you;
13.1.3 inform you of feedback and examination results (if applicable);
13 1.4 Touch of Happiness never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses. Touch of Happiness does not rent, sell, or share personal information about you with other people or companies.
14. General
14.1 Touch of Happiness may update or amend these Terms and Conditions from time to time to comply with law or to meet its changing business requirements without notice to you. Any updates or amendments will be posted on the Website.
14.2 These Terms and Conditions and the Website Terms of Use constitute the entire agreement and understanding between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of these Terms and Conditions.
14.3 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing.
14.4 Touch of Happiness may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion.
14.5 No relaxation or delay by Touch of Happiness in exercising any right or remedy under these Terms and Conditions shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Touch of Happiness in writing.
14.6 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.
14.7 Any notices required to be served on you by Touch of Happiness under these Terms and Conditions will be deemed properly served if sent via email address, notified by you to you, at Touch of Happiness’ discretion.
14.8 A notice delivered personally is deemed to be given on the day on which it was left at the specified address. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by fax or email is deemed to be given on the day it was sent.
14.9 The agreement between you and Touch of Happiness will be concluded in English only.
14.10 The agreement between you and Touch of Happiness 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.
14.11 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 and Wales. 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.
