This document sets out the terms and conditions (“Terms”) on which you (“You “Your”, or “User”) may use www.sanolife.co.uk, www.sanoschoolofculinarymedicine.com and any of their subdomains, the Websites owned and operated by Sano Holdings Limited (“We”, “Us”, “Our” or “Group”), to register for any of Our services, access to content and materials and all communication and contact with users within and through Our Websites.
Please read these terms carefully before committing to use Our Websites. By registering on Our Websites, You acknowledge that You agree to be bound by these terms. If You do not accept these terms, You will not be able to register or use Our Websites.
You are advised to print and retain a copy of these terms for Your future reference. These terms may be subject to change from time to time, and accordingly You are advised to refer back to these terms before registering on Our Websites.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by You to pay for the Services and / or use any of the System through Our Websites;
“Base Rate” means the Bank of England base rate;
“Booking” means the Services ordered by You through Our Websites;
“Booking Confirmation Email” means the email confirming a Booking for the Services including the Course, the Course Commencement Date;
“Completion” means the passing and completion of each Course Module, whether by examination or otherwise;
“Confidential Information” means any confidential information relating to Us including a) personal details relating to the identity, address or otherwise in relation to clients or other Students; b) information in any way connected to a client or that client’s case or guidance undertaken by any Student on the Course; c) Students’ website log-in credentials; d) details of any Student complaints;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in an electronic device that You upload, download from or otherwise cause to appear on Our Websites;
“Cooling Off Period” means fourteen (14) days after the day You receive your Booking Confirmation Email
“Course” means the online education courses, consisting of Modules, that You may purchase and study;
“Course Commencement Date” means the first official day of study on any Course as stated in the Booking Confirmation Email;
“Course Fee” means the fee payable by You in respect of the Course, as specified on Our Websites;
“Debt Outstanding” means the Fee which is overdue in accordance with the Purchase Information including any additional amount that becomes due under these terms and conditions;
“Diploma” means the award prescribed by Us issued to each Student for satisfactory completion of a relevant Course;
“Diploma in Applied Nutrition” means the award prescribed by Us issued to each Student for satisfactory completion of the nutrition modules consisting of, but not limited; to essay writing, coursework and practical/written examinations;
“Due Date” means the date on which payment is due in accordance with the Purchase Information;
“Effective Date” means the date on which You receive the Booking Confirmation Email;
“Enrolment Fee” means the fee payable by You to reserve a place on a Course;
“Event” means an event organised by Us or a third party and booked by You through Our Websites;
“Fee” means the fee payable by You in respect of any Service purchased by You, as specified on Our Websites;
“Group” means Sano Holdings Limited and its subsidiary undertakings and associated undertakings from time to time (subsidiary undertaking and associated undertaking each having the meaning ascribed to it in the Companies Act 2006 and Schedule 6 of The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 [SI 2008/410] respectively (but for this purpose ignoring paragraph 19(1)(b) of Schedule 6 of those Regulations));
“Interest” means the amount of interest due on any Late Payment and calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998;
“Late Payment” means any payment that is not received by the Due Date;
“Learning Platform” means a web-based platform provided as part of Our Websites by the Group;
“Learning Platform User” means an individual with an element of online study and granted authorisation to use the Learning Platform to complete a Service;
“Licence” means the terms and conditions governing your use of Material made available to you from Our Websites as part of the Services;
“Login Details” means registration details for Our Websites;
“Material” means the Content that we make available, collectively or in parts, as part of the Services for use by You, subject to the terms of the appropriate Licence, including but not limited to, reading material, videos, webinars, online meetings, tutorials, animations and access to certain Systems;
“Membership” means the online resources, consisting of Content, excluding Courses, that is deemed part of the Membership as specified on Our Websites;
“Membership Fee” means the fee payable by You in respect of the Membership purchased by You, as specified on Our Websites;
“Membership Period ” means the period between and including the start and end date relating to Your Membership, generated based on the Due Date of Your Membership Fee;
“Membership Renewal ” means the renewal of Membership from one Membership Period to the next consecutive Membership Period;
“Module” means each module made available on the Our Learning Platform and forming part of the Course which consists of, but is not limited; to essay writing, coursework and practical/written examinations;
“Monthly Payment” means the monthly fee payable by you in respect of the Service, as specified on the Purchase Invoice;
“My Account” means the area of Our Websites where You can manage Your Payment Information and Membership;
“Number of Days Overdue” means the number of days the Debt Outstanding is overdue in accordance with the Payment Information and these terms and conditions;
“Payment” means the Fee payable by You in respect of the Service, as specified on the Purchase Invoice;
“Payment Date” means the date on which payment must be made to Us;
“Payment Information” means any details required for the purchase of any Services from Our Websites and which includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form in regard to the Services;
“Purchase Invoice” means an email confirming details of the Services purchased by You, date of purchase, order/invoice number, Fee due and Payment terms.
“Services” means collectively services provided by the Group from time to time including, but not limited to, Courses, Webinars, Material, System and any online facilities, tools or information that we make available through Our Websites, including Our Learning Platform, either now or in the future;
“Stripe” means Stripe, Inc. and its affiliates;
“Stripe Processing Fees” means any fees the Group incur in receiving or refunding the Fee;
“Student” means any individual enrolled on a Course up to the expiration date of the Course;
“System” means any online communications infrastructure that we make available through the Our Websites either now or in the future including, but is not limited to, web-based email, forums, live chat facilities and email links;
“Verification Email” means the email You shall be sent upon the completion and submission of the online registration form on Our Websites;
“Work” means all content submitted by You in relation to Your Course;
“Webinar” means the online education webinar, including but not limited to recordings, that You may purchase;
“Websites” means websites and any subdomains owned and operated by the Group including but not limited to the following www.sanolife.co.uk, www.sanoschoolofculinarymedicine.com
2. Registration
2.1. You hereby warrant that:
2.1.1. You are at least 18 years old;
2.1.2. You have the capacity to agree to these Terms; and
2.1.3. You are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
2.2. In order to access the Services and/or make a Booking,You will need to complete the online registration form and set up an Account. which will contain certain personal details (including Payment Information where relevant), which may vary, based upon Your use of Our Websites.
2.3. By registering Your details and setting up an Account You consent to us conducting verification and security procedures in respect of the information provided by You online.
2.4. By continuing to use Our Websites You represent and warrant that:
2.4.1. all information You submit is accurate and truthful;
2.4.2. You have permission to submit Payment Information where permission may be required;
2.4.3. You will keep this information accurate and up-to-date; and
2.4.4. Your creation of an Account is further affirmation of your representation and warranty.
2.5. Upon the completion and submission of the online registration form on the Site, You shall be sent a Verification Email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your Account. Your Account will not be accessible until you have accepted these Terms.
2.6. You shall keep your registration details for Our Websites (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to You, We reserve the right to promptly disable Your Login Details and suspend Your access to the Site in the event that We have any reason to believe You have breached any of the provisions set out herein.
2.7. Your registration is complete when:
2.7.1. You complete Our online registration form;
2.7.2. You signify Your acceptance to these Terms;
2.7.3. You pay the relevant Fee; and You provide all of the documentation required by Us
2.8. Notwithstanding the foregoing, We reserve the right to:
2.8.1 accept or reject Your application to register for any reason; and
2.8.2. suspend Your Account and/or refuse You access to Our Websites (partly or wholly) if You breach any of the provisions in these Terms..
3. Accounts
3.1. Sharing of Accounts is not permitted unless We expressly authorise it in writing. You are required to keep Your Account details confidential and must not reveal Your username and password to anyone. If You use a shared computer, it is recommended that You do not save Your Account details in Your internet browser.
3.2. If You have reason to believe that your Account details have been obtained by another without consent, You should contact Us immediately to suspend Your Account.
4. Intellectual Property
4.1. Subject to the exceptions in Clause 5 of these Terms, all Content and Material, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software made available to You as part of the Services is the property of Us, Our affiliates, licensors or other relevant third parties. By continuing to use Our Websites You acknowledge that such Content and Material is protected by applicable intellectual property laws.
4.2. Subject to Clause 5 You may not reproduce, copy or distribute or in any other fashion re-use Content or Material from Our Websites unless otherwise indicated on Our Websites or unless given Our express written permission to do so.
4.3. We may without prior notice, from time to time, record any part of Your Service using either any or a combination of video, audio or still images, for teaching and marketing purposes. Any intellectual property rights in relation to such recordings belong to Us and You agree to permit us the right to distribute these records for any legitimate business purpose.
4.4. No Learning Platform User may record any part of their Service in any way without the prior written consent of Us.
5. Using the Material
5.1. We hereby grant to You a non-exclusive, non-transferable licence (without the right to sublicense to any third party) to access and view the Content or Material via Our Websites for Your own private, personal and non-commercial use and for use in conjunction with the Services only.
5.2. You may download and print a reasonable number of copies of Course Material obtained through Our Learning Platform. We hereby grant to You a non-exclusive, non-transferable licence (without the right to sublicense to any third party) to use and store (online or offline) any electronic or paper copies of material downloaded or otherwise obtained by You through Our Websites for the duration of Your Course and for Your own private, personal and non-commercial purposes to be used in conjunction with the Course only. Such downloaded electronic copies of Your Material may be viewed up to a limited number of devices (which may include PC’s, laptops, tablets and mobile phones, together the “Devices”), as We may notify You from time to time. You shall destroy all copies of the Material in Your possession in the event Your participation in the Course is terminated for any reason.
5.3. You agree not to:
5.3.1. commercially exploit, sub-licence, share or otherwise distribute any Content or Material to any third party; or
5.3.2. attempt to unlock any password protected downloadable pdf content; or
5.3.3. use the Content or Material to provide any Services or Courses of any nature.
5.4. Free previews of Content or Material may not be used in works in progress. Under no circumstances are Material previews or any work containing them to be commercially exploited.
6. Links to Other Websites
6.1. Our Websites may contain links to other sites. Unless expressly stated, these sites are not under the control of the Group or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on Our Websites does not imply Our endorsement of the sites themselves or of those in control of them.
7. Links to Our Websites
7.1. Those wishing to place any link to any part of Our Websites require Our express written permission. To find out more please contact Us by email at learn@sanolife.co.uk.
8. Use of Our Websites
8.1. When using the Services You should do so in accordance with the following rules:
8.1.1. You must not use obscene or vulgar language;
8.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
8.1.3. You must not submit Content that is intended to promote or incite violence;
8.1.4. You must not harass or advocate harassment of another person;
8.1.5. You must not display pornographic or sexually explicit material;
8.1.6. You must not promote any illegal activities;
8.1.7. You must not provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
8.1.8. You must not promote or contain information that You know or believe to be inaccurate, false or misleading;
8.1.9. You must not engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without Our prior written consent; or
8.1.10. You must not infringe any rights of any third party or submit any Content that infringes on the rights of any third party.
8.1.11. it is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
8.1.12. the means by which You identify yourself must not violate these Terms or any applicable laws;
8.1.13. You must not impersonate other people, particularly employees and representatives of the Group or Our affiliates; and
8.1.14. You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.
8.2. You hereby grant to Us a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty-free licence in using any of Your Content for the purpose of making them available to other users of Our Websites, including to copy, publish, display, distribute, sub-licence, host and retain for archiving purposes.
8.3. If You feel that any Content made by another user is objectionable, please contact Us using the contact details set out on Our Websites. We shall use Our reasonable endeavours to review the relevant Content as soon as is practicable and shall take such action as We deem necessary, if any at all. You acknowledge that the Group may retain copies of any and all communications made to Us or using Our Websites.
8.4. You warrant and represent that You own or are licensed to use any and all patents, trade marks (whether registrable or non-registrable), designs, rights in database, rights in software (including without limitation the source and object code), copyright and all proprietary rights (“Intellectual Property Rights”) in all Content that You make available to Our Websites.
8.5. You acknowledge that any Content and other information You send to Us through Our System may be modified by Us in any way and You hereby waive Your moral right to be identified as the author of such information. Any restrictions You may wish to place upon Us using such Content and other information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
9. Fees
9.1. In consideration for registering and participating in a Service and accessing the Materials, You will pay the Fee to Us.
9.2. The Fee shall be payable by You at the time that You make the Booking, or as otherwise agreed by Us in writing (including by email).
9.2.1 The Membership Fee is payable at the time of purchase and then every month/year thereafter following on the same date each month/year. We may terminate Your Membership and remove Your Membership if Your Payment fails and We are unable to contact you to collect this. All products and materials within the Membership will always remain the property of the Us and are not to be reproduced or distributed.
9.2.2 If We are unable to process Your Membership Payment successfully, our system will usually retry every 3 days using Your Payment Information. We reserve the right to manually retry this Payment(s) at any time using Your existing Payment Information– or any new Payment Information that you add to your account – to process any outstanding debts.
9.3. The Fee is inclusive of VAT or other sales tax, unless otherwise stated, which, if applicable to You, shall be payable by You at the then prevailing rate.
9.4. In the event that the Fee, as appropriate, is not paid in accordance with the provisions herein (or as otherwise agreed by Us in writing – including by email), We reserve the right to deny you access to the Service without notice and without any reduction in Your liability to pay the same.
9.5. Fees must be paid by debit or credit card through Our online facility.
9.6. The Course Booking is a request to Us to reserve a place on the Course and You are responsible for paying Us the Course Fee as set out in the Purchase Information.
9.7. Where an Enrollment Fee for a Course is payable, the Enrolment Fee must be paid in order to be enrolled on the Course.
9.8. The Enrolment Fee is non-refundable.
9.9 Course Fees must be paid to Us either:
9.9.1 in full in advance at the time of Booking;
9.9.2 in full in advance on the agreed Payment Date as stated in the Purchase Information;;
9.9.3 in accordance with an agreed Course Fee Monthly Payment plan;
9.9.4 if the Enrolment Fee is paid within 3 weeks of the Course Commencement Date, payment is due immediately.
9.10. Where You opt to pay the Course Fee by Monthly Payment:
9.10.1. payments due are detailed on the Purchase Information and will be collected using the Payment Information provided;
9.10.2. if any Monthly Payment is not made in accordance with the Purchase Information any remaining Fee will become immediately due and payable in full.
9.11 Late Payment
9.11.1. If You are, for any reason, unable to adhere to the Course Fee payment plan, You must first notify Us in writing.
9.11.2 Whilst We endeavour to take into account your circumstances, if Your Course Fees fall into arrears You will not be permitted to continue to study on Your Course until either the Course Fees are paid or a satisfactory payment plan is agreed with Us.
9.11.3. If You have commenced study on your Course and become unable to pay, or do not pay on time, Your Course Fees at any point, the balance of the Course Fee shall become payable immediately.
9.11.4. If any Payment is not made in accordance with the Purchase Information:
9.11.4.1. an administrative fee of £25 will be charged each and every time a Late Payment occurs;
9.11.4.2. an additional £10 charge will be made for every payment reminder that is sent after every payment default;
9.11.4.3. there will be a £50 charge for the administration for any new or adjusted payment terms that are requested (which are subject to Our express approval in writing including email);
9.11.4.4. We will claim an additional sum for Interest of £= (8%+Base Rate) / 365 * Debt Outstanding * Number of Days Overdue on any Late Payment. This represents a daily interest cost on the debt which will be added to the outstanding amount until We have received settlement in full.
9.11.4.5. We will claim any external debt collection and legal costs that We incur in recovering all outstanding amounts in the event of any payment default.
9.12. Any Membership Fee is non-refundable except for a New Membership under the Cooling Off Period as expressly outlined in 13.2 of these Terms. The Cooling Off Period does not apply to monthly or Membership Renewals.
9.13. All pricing information on any of Our Websites is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
10. Material and Availability
10.1. We do not represent or warrant that:
10.1.1. the provision of the Services including the Course will be timely, uninterrupted or error-free;
10.1.2. the Services including the Course will meet Your requirements or expectations;
10.1.3. errors or defects in the Services will be corrected. The Services including the Course is provided to You strictly on an “as is” basis.
10.2. All conditions, representations, warranties and terms, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose, are hereby disclaimed to the maximum extent permitted by applicable law.
10.3. We neither represent nor warrant that Content or Material will be available at all times. Content or Material may be temporarily unavailable due to problems with Our Websites, maintenance or similar. Alternatively, Content and Material that is no longer available (after, for example, being removed by its author, creator and/or owner) may remain referenced on the Website for a short time before removal.
10.4. We are entitled at Our own discretion to suspend Our Websites for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to You for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of Our Websites, including but not limited to preventing You from using Our Websites.
10.5. We reserve the right from time to time to alter or modify the Services (in whole or in part), including the Course content and syllabus as We deem appropriate and to alter or modify the format and content of the applicable Content and Material. We do not guarantee and do not promise any specific results on Completion of the Services including the Course.
10.6. If You are granted access to any Service delivered via Our Learning Platform, the following provisions apply to you:
10.6.1. You will need to make sure You have the necessary hardware, software, internet access and any other equipment necessary to access the Learning Platform and participate in the relevant Service;
10.6.2. We will grant You a limited, non exclusive, non-transferable right to use the Learning Platform solely for the purposes of accessing and using the Services Materials as necessary for completion of the relevant Service (provided You at all times comply with these Terms, including paying any relevant Fee);
10.6.3. We will grant You a password for use of the Learning Platform. You must keep the password provided secure and confidential and You will need to change the password regularly, as prompted by Us;
10.6.4. We will keep an up to date list of Learning Platform Users. If We become aware at any time that a password has been provided to an individual who is not a Learning Platform User, We will arrange for the password to be disabled. We will not issue another password to any
individual who grants access to another individual who is not a Learning Platform User;
10.6.5. We will provide You with reasonable technical assistance on use of the Learning Platform and will use reasonable endeavours to rectify any faults detected in the Learning Platform. Technical support will not extend to cover device troubleshooting or Your internet connection;
10.6.6. We may from time to time install updates to the Learning Platform for the purpose of providing online Services and if for any reason updates cause the Learning Platform to be unavailable for a substantial period of time, We will endeavour to notify You about this in advance.
10.7. By agreeing to these Terms, you agree You will not:
10.7.1. except to the extent permitted by these Terms, attempt to copy, modify, duplicate, mirror, download or distribute all or any part of the Learning Platform in any form or media or by any means:
10.7.1.1. access the Learning Platform in order to build Services which compete with the Learning Platform;
10.7.1.2. make the Learning Platform available to third parties or individuals who are not Learning Platform Users; or
10.7.1.3. upload, communicate or distribute through the Learning Platform any content or material:
i) that is unlawful, defamatory, obscene, pornographic, abusive, harassing, or which tends to promote discrimination against any person or class of persons on the basis of a characteristic protected by applicable law; or
ii) which infringes or is reasonably likely to infringe the intellectual property rights or other rights of any person, or misappropriates or misuses the trade secrets of any person, or which is likely to result in a breach of any obligation of confidence owed to any person.
11. Study
11.1. It is Your responsibility to check the applicable rules around giving guidance in nutrition in the jurisdiction You reside before enrolling on a Course if You intend to give guidance in nutrition following completion of a Course.
11.2. A Diploma will be issued only to those Students who satisfactorily complete the relevant modules relating to Our Diploma in Applied Nutrition. No Student is permitted to practice, or take any fees (excluding expenses) for any provide any guidance related to their Course prior to receipt of a Diploma.
11.3. We reserve the right not to issue any Student with a Diploma if they fail to achieve the standard required by their Course without refund of the Course Fee. Satisfactory completion of a Course requires You to:
11.3.1. enrol;
11.3.2. complete all Modules including passing of all necessary quizzes, assignments, assessments and case studies;
11.3.3. adhere to these terms and conditions at all times;
11.3.4. pay the Fees in full before completion.
11.4. Each Course will only commence with a minimum number of enrolled Students (to be decided by Us prior to commencement of the Course) and We reserve the right to withdraw any Course that does not meet these requirements at any point prior to the Course Commencement Date. If We have to withdraw any Course under this clause, We will notify You as soon as possible and any Course Fees You may have already paid for that particular course will be promptly refunded.
11.5. Your place on Your Course is personal to You and is non-transferable.
12. Availability of the Website and Modifications
12.1. We accept no liability for any disruption or non-availability of Our Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and state-mandated censorship.
12.2. We reserve the right to alter, suspend or discontinue any part (or the whole of) Our Websites including, but not limited to, the Content or Material available.
13. Orders, Material Delivery and Cancellation Options
13.1. No part of Our Websites constitutes a contractual offer capable of acceptance. Your Booking request constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to You a Booking Confirmation Email. Only once We have sent You a Booking Confirmation Email will there be a binding contract between the Group and You for the provision of any Services including the Course.
13.2. If you are a consumer You have the right to cancel the contract for the Service under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 at any time within fourteen (14) days after the day You receive Your Booking Confirmation Email (“Cooling Off Period”). This applies only if You have not accessed the Services when You cancel within the Cooling Off Period. To cancel the contract, You must give Us notice via learn@sanolife.co.uk at any time during the Cooling Off Period. Valid cancellation by You will be effective from the date You sent Us notice. After the Cooling Off Period has expired or if You have accessed the Services during the Cooling Off Period, then You will not receive a refund and any outstanding payments due must be made in accordance with the payment schedule within Your contract.
13.3. For any Course where any Enrolment Fee is paid and You wish to cancel Your enrolment outside of the Cooling Off Period the Course Fee will not be returned or if applicable, will remain due and become payable to Us immediately unless Your enrolment is cancelled no later than 6 weeks prior to Your Course Commencement Date. Should You wish to cancel outside of this period, the remaining Course Fees for the balance of the Course remain due and are payable to Us immediately. If You pay Your Enrolment Fee and there is less than six weeks before the Course Commencement Date, it is not possible to cancel that course and the Course Fees will remain due and become payable to Us immediately.
13.4. If You gave us notice of a valid cancellation as described in 13.3 above We will refund You the Fee paid less any Stripe processing fees that We have incurred. We will process any refund due to You as soon as possible and, in any case, within fourteen (14) days of the day on which You gave Us notice of a valid cancellation as described above.
13.5. If You withdraw from Your Course, or Your participation on Your Course is terminated for any reason You must:
13.5.1. cease using the Learning Platform or attending any class meetings;
13.5.2. pay any outstanding sums owed to Us. This includes the balance of the entire Course.
13.6. If You fail to participate in Your Course to such an extent that We reasonably believe that You will be unable to successfully complete Your Course, or fail to adequately respond to Our attempts to seek Your re-engagement with Your Course, We reserve the right to consider You have withdrawn from Your Course and take steps to terminate Your place.
13.7 You may cancel Your Membership at any time by visiting My Account and adjusting Your Membership settings.
13.7.1 If you do not notify us before the next Due Date of Your Membership Fee that You want to cancel Your Membership at this date or cancel Your Membership in My Account, We will automatically charge the then-applicable periodic Membership Fee using Your Payment Information.
13.78 If the Content or Material contains faults or errors on download or receipt, You should contact Us immediately via learn@sanolife.co.uk and in any event not later than 5 working days after the download or receipt, providing full details of the fault(s) or error(s). Faults and errors for the purposes of this Clause include, but are not limited to, data corruption, download errors, missing files, and similar issues. The definition does not extend to file incompatibility (unless We have provided incorrect information in this regard) or minor mistakes in the substance (such as spelling errors or visual imperfections) of the Content or Material itself that are the fault of the author, creator and/or owner.
14. Deferral of course commencement
14.1. You may defer Your Course Commencement Date provided You tell Us in writing at least one month prior to Your Course Commencement Date. Courses may not be deferred after the Course Commencement Date or if outside of the permitted deferral period. Should You not attend after the Course Commencement Date the Course fees still remain payable according to Your original Course Commencement Date.
14.2. The Course Fee for the deferred Course payable to Us will be adjusted to the price of the Course on the date that the deferral is approved by Us and a deferral fee of £150 will be payable by You.
14.3. If You pay Your Enrolment Fee and there is less than one month before the Course Commencement Date, it is not possible to defer that course and the Course Fees will remain due and become payable to Us immediately.
14.4. For the first instance of deferral, a non refundable deferral fee will be charged of £150. This will be credited to the deferred Course once the Course Fees for that Course become due. With all subsequent deferrals within the deferral period, the deferral Fee incurred would be non-refundable and not credited to any Course Fees.
15. Course Term and Termination
15.1. Your Course shall commence on the start date which will be communicated to You after the Effective Date and shall continue in effect until the earlier of:
15.1.1 the Completion of the relevant Course as follows:
15.1.1.1. the Course must be completed within 12 months from the Effective Date after which access to the Course including all related Content and Material will be withdrawn. If You have not completed your studies within the 12 months and wish to continue, We will offer You a 12 month extension in exchange for a Fee paid by You.
15.1.1.2. in relation to the Nutrition Coach Course, material and assignments must be completed in accordance with the class schedule and timetable according to the start date and joining instructions relevant to the class that You joined. In the event that You fall behind the class schedule and timetable, You will not be able to continue with the current class and will still be liable for all outstanding Payments due in accordance with the contract payment schedule as detailed in the Purchase Information. You may apply to be reconsidered to continue Your studies with a future class but will wholly be at the discretion of Us and cannot be guaranteed;
15.1.2. the cancellation of the Course;
15.1.3. the termination of your Account as follows. We shall be entitled to terminate Your access to the Services by notice to You where:
15.1.3.1. We believe that You have provided false, inaccurate or misleading information in respect of Your Booking and/or use of the Services; or
15.1.3.2. You are in breach of any of these Terms; or
15.1.3.3. We believe that You are in the business of reselling, promoting any of Our Services, Content, Materials, Courses or Modules for resale or if You are otherwise engaged in other similar and/or commercial activities.
15.1.3.4. If We terminate Your Account, You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
16. Insurance
16.1. You must take out adequate student indemnity insurance with a reputable insurer to cover any client work performed as part of Your Course.
16.2 We shall not be liable for any losses, liabilities, costs or expenses incurred by You in relation to Your client work.
16.2. Insurance under clause 16.1. must be taken out prior to commencing the client meeting training aspect of Your Course.
16.3. We reserve the right to deny, suspend or terminate Your access to any part of Your Course if You are unable to produce satisfactory evidence of adequate insurance cover on request.
17. Events
17.1. We may from time to time organise Events where You can meet other users.
17.2. We reserve the right at Our sole and absolute discretion and for whatever reason to:
17.2.1. accept or reject Your application for registration to an Event; or
17.2.2. refuse Your attendance at any Event.
17.3. We shall use reasonable endeavours to ensure that Events are conducted on the date specified on Our Websites, but We shall not be liable for any losses, liabilities, costs or expenses incurred by You should We change the date and/or time of the Event.
17.4. Cancellation may be necessary in exceptional circumstances and We reserve the right in Our absolute discretion to cancel an Event.
17.5. Unless otherwise expressly stated by Us at the time of booking, You will not be able to cancel or receive a refund for any tickets purchased by You for an Event.
17.6. You agree to comply with any policies and/or procedures in force at the venue at which the Event is to be performed, including any reasonable security procedures in place from time to time. We reserve the right to refuse You admission to any Event where You breach any such policies and/or procedures.
18. Privacy
18.1. Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms by this reference. You confirm that You have read and understood Our data protection policy, a copy of which can be found at www.sanolife.co.uk
19. Confidentiality
19.1. At any point on Your Course You may become the recipient of Confidential Information. During the time which the Confidential Information is in Your possession or under Your control You must not disclose such Confidential Information to any third party outside of Your Course without the prior written consent of the subject of the Confidential Information or as otherwise required by law.
19.2. In addition to clause 19.1. You may not without the consent or direction of Us use the Confidential Information other than for what is reasonably necessary to fulfil the requirements of your Course.
20. Disciplinary policy
20.1. Any Learning Platform User who breaches or is suspected of materially breaching any of these terms or may be subject to Our disciplinary procedure and where applicable, access to the Learning Platform may be suspended or withdrawn.
21. Legal Rights and Disclaimers
21.1. We make no warranty or representation that Our Websites will be compatible with all systems, or that they will be secure.
21.2. No part of Our Websites are intended to constitute advice and the Content and Material of Our Websites should not be relied upon when making any decisions or taking any action of any kind.
21.3. Whilst We exercise all reasonable skill and care to ensure that Our Websites are secure and free of errors, viruses and other malware, You are strongly advised to take responsibility for Your own internet security, that of Your personal details and Your electronic devices .
22. Limitation of Liability
22.1. We are responsible to You for foreseeable loss and damage caused by Us. Subject to clause 12, 16, 17 and 21 above, if We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Terms or Our negligence.
22.2. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time these Terms were accepted by You.
22.3. We are not responsible for any loss or damage that is not foreseeable.
22.4. We accept no liability for any losses, damages or expenses incurred by You as a result of any changes made to, or delays or failures to our Services, that are out of Our control including any loss or damage arising out of Your or any Learning Platform User’s use of the Learning Platform.
22.5. We only supply the Services, Content, Materials and Course for private and non-commercial use. You agree not to use the Services, Content, Materials and Course for any commercial, business or resale purposes, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
22.6. Our maximum aggregate liability to You under these Terms. If You suffer loss or damage that is a foreseeable result of Our breaching these Terms, Our negligence or otherwise, the maximum amount You may claim from Us is the amount equal to the Fees You have directly paid to Us pursuant to these Terms received in full in the prior 12 month period ending with the date of the breach.
22.7. We do not exclude or limit in any way Our liability to You where it would be unlawful to do so.
22.8. We exercise all reasonable skill and care to ensure that Our Websites are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of Our Websites (including the downloading of any content from it) or any other site referred to on Our Websites.
22.9. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
22.10. Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
23. Communicating with other users
23.1. You acknowledge and agree that We only provide You with the Services. You understand that We are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between You and other users.
23.2. You are responsible for Your dealings with other users. Consequently, you acknowledge and agree that We shall not be liable in any way and for any reason whatsoever in respect of Your relationship with other users.
23.3. Take care when meeting other users. We recommend that You take all reasonable care when arranging any meeting or otherwise with any other users.
23.4. We don’t vet users or monitor Accounts. You acknowledge that We do not have any control of, and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of any users. We make no representations and assume no responsibility for any users. We are not able to vet, verify the accuracy, correctness and completeness, monitor, edit or modify any user Accounts. Consequently, all such user information and Content available on Our Websites is provided to You “as is” and You agree that any use made of such Content and user information shall be strictly at Your own risk. We recommend that You do not rely solely on such Content and user information in making or refraining from making a decision or to embark on a specific course of action.
23.5. You are responsible for Your communications with other users. You acknowledge and agree that You are solely responsible for all communication with, and any subsequent dealings with, other users.
24. No Waiver
24.1. In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
25. Third Party Rights
Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between You and Us.
25.1. Communications
25.1.1. All notices / communications shall be given to Us either by post to Our Premises (7 Bell Yard, London, WC2A 2JR) or by email to learn@sanolife.co.uk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25.2. Events Outside Our Control
25.2.1.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that are caused by an Event Outside Our Control.
25.2.2. An “Event Outside Our Control” means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
25.2.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
25.2.3.1 We will contact You as soon as reasonably possible to notify You; and
25.2.3.2. Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
25.3. Changes to these Terms
25.3.1. By continuing to use Our Websites, You agree to abide by these terms. We may alter or amend these Terms by giving reasonable notice on Our Websites. By continuing to use the Services after the expiry of the notice period, You will be deemed to have accepted any amendment to these Terms.
25.4. Transfer of the Agreement
25.4.1. We may transfer Our rights and obligations under these Terms to another organisation.
25.5. Severability of Terms
25.5.1. If a court finds part of these Terms illegal or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are illegal, unenforceable or otherwise unlawful, the remaining clauses will remain in full force and effect.
25.6. Law and Jurisdiction
25.6.1. These Terms and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
25.6.2. Any disputes concerning these Terms, 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.
26. Publication of Works
26.1. You grant Us the sole and exclusive licence to exploit the Publication Rights in the Work throughout the world for the period commencing on the date of the submission of the Work to Us for a period of 10 years.
26.2. We assert Your right to be identified in relation to the Work in the following form: “Your name” and We undertake to comply with such request and to require all sub-publishers and other licensees to honour this right. The User acknowledges that no casual or inadvertent failure by Us or by any third party to comply with this provision shall constitute a breach by Us of these Terms & Conditions or the Your rights and in the event of any breach You shall not have the right to seek injunctive relief and the sole remedy of Us shall be a claim for damages.
26.3. You acknowledge that it is necessary for the purposes of publication for Us to have the right to make alterations to the text of Your Work in order to make corrections and conform the text to Our style and also for the purpose of authorising translations of the Work or removing any material which might in the opinion of Us be actionable at law or which might damage the Publisher’s reputation or business interests and for the purpose of complying with the advice of Our legal advisers and for other general copy-editing purposes and You consent to the exercise by Us of such rights and agree that the product of such exercise shall not be capable of being considered a distortion, mutilation or derogatory treatment of Your Work.
26.4. It is the intention of Us to publish electronically copies of Your Work on websites and e-book format but nothing contained in this clause shall constitute an obligation on the part of Us in relation to the publishing of Your Work and You acknowledge that We shall have sole control of all matters in relation to the production and publication of Your Work.
26.5. You undertake that no payment will be due by Us in relation to executing the Publication Rights of the Work.
27. Contacting Us
You have the right to contact us in relation to any queries you have in relation to these terms.
If you have a query in relation to these terms or a complaint, please contact us at learn@sanolife.co.uk
