PROPERTY TRAINING LTD – TERMS OF SALE
BACKGROUND: These Terms of Sale set out the terms under which Paid Content, accessed via Subscriptions, is sold by Us to business customers through this website, www.PropertyDeveloping.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access Paid Content through Our Site or utilise our services in any other way. These Terms of Sale, as well as any and all Contracts are in the English language only.
These Terms of Sale were last updated on 27th October 2023
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase of a Subscription to access Paid Content, as explained in Clause 6;
“Data Protection means all applicable legislation in force from time to Legislation” time in the United Kingdom applicable to data
protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
“Paid Content” means the digital content sold by Us through Our Site including but not limited to training and courses and on-line resources such as contract templates and business plans, calculators, lead databases, document management facilities, work schedules, marketing resources, etc.;
“Subscription” means a subscription to Our Site providing access to all or parts of the Paid Content;
“Subscription ID” means the reference number for your Subscription; and
“We/Us/Our” means Property Training Limited.
2. Information About Us
2.1 Our Site, is owned and operated by Property Training Limited, a limited company registered in England under 11896793, whose registered address is
20 Livingstone Road, Caterham, CR3 5TG, Surrey, England.
3. Access to and Use of Our Site
3.1 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.2 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
3.3 Use of Our Site is subject to Our Website Terms of Use. Please ensure that you have read them carefully and that you understand them.
4. Business Customers and Consumers
4.1 These Terms of Sale apply to business customers only as we only sell Paid Content B2B. Consequently, these Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession), and if you purchase Paid Content from Us you accept doing so as a B2B purchase.
4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions and Paid Content from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. Subscriptions, Paid Content, Pricing and Availability
5.1 Subscriptions are for minimum 12 months on a rolling annual basis, so that at the end of a subscription period the Subscription will automatically renew for a new 12 month period.
5.2 We may from time to time change Our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least one month before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in subClause 11.1.
5.3 Changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect your use of that Paid Content. However, if any change is made that would affect your use of the Paid Content, suitable information will be provided to you.
5.4 In some cases, We may also make more significant changes to the Paid Content. If We do so, We will aim to inform you via Our Site at least 30 days before the changes are due to take effect.
5.5 Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to you before you purchased your Subscription to access the Paid Content. Please note that this does not prevent Us from enhancing or altering the Paid Content.
5.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).
5.7 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.
5.8 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Site at the time of placing your order. Subsequent Subscriptions and renewals will be charged at the new price.
5.9 Prices on Our Site are shown inclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Site will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from you providing incorrect or incomplete information.
6.3 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
6.4 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.5 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
7. Payment
7.1 Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when We process your order and not more than 30 days before each renewal date.
7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.3 We accept the following methods of payment on Our Site:
7.3.1 Direct through our website.
7.4 If you do not make any payment due to Us on time, you will be charged a late payment admin fee of £50, and late payments will carry an interest of 8% above the Base Rate of Bank of England until the outstanding amount is paid in full. We may also suspend your access to the Paid Content. For more information, please refer to sub-Clause 8.4. If you do not make payment within 7 days of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
7.5 We may from time to time offer free trial periods for potential Subscribers. The free trial period will automatically convert into a Subscription at the end of the trial period and your chosen payment method will be charged when We process your order, if you have not informed Us of your cancellation by email to info@PropertyDeveloping.co.uk before the end of the free trial period.
8. Provision of Paid Content
8.1 Paid Content appropriate to your Subscription will be available to you immediately when you have taken out the Subscription and will continue to be available for the duration of your Subscription (including any renewals), or until the Contract is otherwise ended.
8.2 In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
8.2.1 To fix technical problems or to make necessary minor technical changes, as described above in sub-Clause 5.2;
8.2.2 To update the Paid Content to comply with relevant changes in the law or other regulatory requirements, as described above in sub-Clause 5.2; or
8.2.3 To make more significant changes to the Paid Content, as described above in sub-Clause 5.3.
8.3 If We need to suspend availability of the Paid Content for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform you as soon as reasonably possible after suspension).
8.4 We may suspend provision of the Paid Content if We do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from you. If We do suspend provision of the Paid Content, We will inform you of the suspension.
8.5 None of the Paid Content including but not limited to Paid Content designated as “degree modules” provides the Subscriber with any formal degree qualification provided ny third-parties.
9. Licence
When you purchase a Subscription to access Paid Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the relevant Paid Content solely for your own purposes. The licence granted to you does not give you any rights in Our Paid Content (including any material that We may licence from third parties).
10. Ending Your Subscription
10.1 You may cancel your Subscription at any time, however We cannot offer any refunds and you will continue to have access to the Paid Content for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
10.2 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation by email to info@PropertyDeveloping.co.uk. Cancellation by email is effective from the date on which you send Us your message.
10.3 Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
10.4 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
11. Our Liability
11.1 Subject to sub-Clause 11.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
11.2 Subject to sub-Clause 11.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £1,000 or 10% of the total sums paid by you under the contract in question, whichever is the greater sum.
11.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 We will take all reasonable steps to minimise the delay;
12.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Paid Content as necessary;
12.2.5 If the event outside of Our control continues for more than three months We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your Subscription;
12.2.6 Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when ordering your
Subscription.
13. Communication and Contact Details
If you wish to contact Us with general questions, matters relating the Paid Content or your Subscription you may contact Us by telephone at 0208 123 8200, by email at info@PropertyDeveloping.co.uk, or by post at 20 Livingstone Road, Caterham, CR3 5TG, Surrey, England.
14. Complaints and Feedback
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint. Please use the contact details specified in sub-Clause 14 above.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy <<insert link to Privacy Policy>>.
16. Other Important Terms
16.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
16.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
16.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
16.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
16.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.
17. Law and Jurisdiction
17.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales