Terms & Conditions

 

Last Modified: July 9, 2017

 

These Terms of Use (hereinafter referred to as “Agreement”, “Terms of Use” or “Terms”) are a legally binding agreement between You either an individual, group or entity (the “User”, “You”, or “Your”) and www.londongapyear.co.uk (“London Gap Year”, “Website”, “Site”, or “Platform”) owned and operated by SaTT Enterprise LLP operating in accordance with the Laws of England and Wales from its head office located in London, United Kingdom  (“Company”, “We”, “Us”, or “Our”).

By using the Platform, You represent that You have read and agree to be bound by this Agreement, as well as the Privacy Policy, collectively referred to as “Terms of Use”.

You are advised to carefully review these Terms of Use before accessing our Platform or subscribing to services offered by Us. Your access to the Platform constitutes Your acceptance of all the provisions of these Terms of Use. If You are unwilling to be bound by these Terms of Use, please do not access the Platform.

 

Definitions

“Member” – A registered User of the Platform.

“Service Provider” – Any educational institution offering one or more online or on-site courses listed on the Platform.

“User” – Any registered User or Visitor of the Platform.

“Course/s” – All online or on-site courses offered by Service Providers as listed on the Platform.

“Enrolment Agreement” – The Service Provider’s terms and conditions for enrolment into a course that a Member must accept when applying for any course offered by a Service Provider.

 

Eligibility

Although London Gap Year offers its services to Users of all ages, if you are under 18 years of age, you must obtain the express consent of your parent or legal guardian to enter into this Agreement with the Company. By granting their express consent to the use of the Site, your Parent(s) or Legal Guardian(s) take responsibility for: (i) your actions; (ii) any charges associated with your membership and enrolment into courses offered through the Website; and (iii) your acceptance and compliance with these Terms. If you do not have the requisite consent from your parent(s) or legal guardian(s), you must stop accessing this Site immediately and please do not enrol in any courses through our Website.

If you are entering into this agreement on behalf of an entity, you represent that you are authorized to enter into legally binding contracts on behalf of such entity.

IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU ARE NOT ALLOWED TO ACCESS OUR WEBSITE OR PROVIDE ANY PERSONAL INFORMATION ON OUR WEBSITE.

By using the Website, you represent and warrant to the Company that you have the right, authority, and the requisite capacity to enter into this Agreement which is a legally enforceable.

 

How it works

London Gap Year enables its members to find and enrol in online as well as onsite courses offered by various Service Providers around the world. We assist our members all the way from the initial planning stages through to their application and enrolment process.

Although we make our best effort to provide you accurate and current information about all Service Providers and Courses listed on our Platform, You understand that we cannot guarantee the quality of any courses offered by any Service Provider. In no event shall we be liable for any damages whatsoever, arising out of or relating to your conduct or anyone else in connection with the Platform.

 

ALL ENROLMENT AGREEMENTS ARE BETWEEN THE MEMBER / STUDENT AND THE SERVICE PROVIDER / EDUCATION INSTITUTION OFFERING THAT COURSE. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE ENROLMENT AGREEMENT.

Please note that the Company only enables connection between Members who are looking to enroll in a specific course and Service Providers who are offering the Course, the Company is not responsible for the accuracy of the course as described on the Platform; and it does not have any control over the quality, legality, delivery, timing, failure to deliver, fees or any other aspect whatsoever of any User or Service Provider ( individually referred to as “Party” and  collectively as the “Parties”) behaviour on or off the Platform. The Company cannot be held liable for any misrepresentation by either Party or for any actions or omissions whatsoever of the Parties.

Unless explicitly specified otherwise, Our responsibility is limited to facilitating the availability of the Platform.

PLEASE NOTE THAT THE COMPANY DOES NOT ACT AS A SERVICE PROVIDER OR  OFFER/DELIVER ANY COURSES. WE DO NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY COURSES OFFERED BY SERVICES PROVIDERS THAT WE LIST AND MARKET THROUGH THE PLATFORM. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OUR PLATFORM.

PLEASE NOTE – THE COMPANY ONLY PROVIDES THE PLATFORM TO ASSIST ITS MEMBERS FIND VARIOUS ONLINE AND ONSITE COURSES OFFERED BY SERVICE PROVIDERS AROUND THE WORLD.  WE CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM AND/OR FROM ANY SERVICES OFFERED THROUGH THE PLATFORM. WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY FOR ANY ACTION OR OMISSION ON YOUR BEHALF, BASED ON THE INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH OUR PLATFORM. AT NO TIME CAN THE COMPANY BE HELD RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF OR ARISING OUT OF YOUR USE OF THE PLATFORM OR FROM ENROLMENT INTO ANY COURSE OFFERED THROUGH THE PLATFORM.

 

Information Disclaimer

THE INFORMATION INCLUDING ANY, ADVICE, RECOMMENDATION OR SUGGESTIONS  OFFERED AS PART OF OUR GUIDANCE SERVICES IS ONLY THE OPINION OF THE PERSON FROM WHOM SUCH INFORMATION AROSE AND NOT THE OPINION OR RECOMMENDATION OF THE COMPANY. YOU ARE HEREBY ADVISED TO  EXERCISE YOUR OWN BEST JUDGEMENT BEFORE YOU ACT UPON ANY RECOMMENDATION OR GUIDANCE OFFERED BY ANY ADVISOR.  YOUR DECISION TO USE THE PLATFORM AND OUR SERVICES IS SOLELY AT YOUR OWN RISK.

Unless explicitly stated otherwise, Our responsibility is limited to facilitating the availability of the Platform functionality.

 

Payment Policy, Cancellations and Refunds

We currently offer bi-annual and annual membership plans to suit different User needs. All our plans and accompanying subscription fees are listed at http://www.londongapyear.co.uk/subscription-plan/. You will be charged according to Your selected plan when You first register and every six month or year thereafter on an automatically recurring basis until you choose to cancel Your subscription. You take full responsibility for the payment of any taxes and transaction fees that may be incurred in the processing of Your subscription fees.

Please note that the subscription fee is fully earned on the payment day and We do not offer any pro-rata refunds should You choose to cancel Your subscription before the end of Your billing cycle.

Should You wish to cancel Your subscription You may easily do so by accessing your account settings. You must cancel Your plan before the end of the current cycle to avoid billing for the next cycle.

Please take note that We reserve the right but are not under any obligation to keep Your data after You Cancel Your account and it is solely Your responsibility to ensure that You backup any and all data that You wish to access at a later stage.

In the event We are unable to process Your payment to renew Your plan for the new billing cycle, We may attempt to contact You. If You fail to make the payment within 72 hours from the time We contact You, We reserve the right to suspend or terminate Your account until such time that We receive the full outstanding subscription fee.

We reserve the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms.  In the event of any change in subscription fees that requires You to pay a higher fees, than You did in the last billing cycle, We will give You at least thirty (30) days notice before charging the increased subscription fees to Your account. Such notice will be deemed to have been given on the date We post the new Terms on this page. If You do not agree with such change in subscription  fees, Your sole remedy is to cease using the London Gap Year Platform by cancelling Your account.

We reserves the right to cancel or suspend Your access to the Platform if we find that:

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease Our business operations for any reason.

We handle refund requests on a case by case basis. In the event We in Our sole discretion decide to offer You a full or partial refund, such refund shall be made via the original payment mechanism and to the person who made the original payment. The processing of refund payment may take time. We are unable to offer any guarantees of any nature for the timeliness of refunds reaching Your account. We may at any time and without prior notice to You modify the mechanism of processing refunds.

PLEASE NOTE THAT OUR PAYMENT, CANCELLATION AND REFUND POLICY AS OUTLINED ABOVE ONLY GOVERNS THE MEMBERSHIP FEE, CANCELLATION AND REFUND OF YOUR LONDON GAP YEAR PLATFORM MEMBERSHIP. WE DO NOT HAVE ANY CONTROL OVER ANY COURSE FEE THAT YOU MAY BE REQUIRED TO PAY THIRD-PARTY SERVICE PROVIDERS.

ALL COURSE FEES PAYMENTS ARE SETTLED DIRECTLY BETWEEN YOU AND THE SERVICE PROVIDER AND GOVERNED BY THE TERMS AND CONDITIONS OF YOUR ENROLLMENT AGREEMENT WITH THE SERVICE PROVIDER.

 

Account Access

As a requirement to using the services offered by the London Gap Year Platform, You are required to sign up as a member at www.londongapyear.co.uk by providing Us with the required information. You agree that You will provide Us with accurate and current information when registering with the Platform. In the event of any material change in Your account details, You agree to immediately notify us of such change by updating your “Account details”. Any failure on Your part to provide Us with the aforementioned information shall constitute a breach of these Terms of Use. In the event of such breach, We reserve the right to immediately terminate Your account.

The Company may refuse the registration of any User account, in its sole discretion, without any obligation to provide its reasons for refusal. You hereby accept and agree that You are solely responsible and liable for any activity that occurs on Your account. You further accept and agree that You shall be responsible for maintaining the confidentiality of Your Sign in credentials on the Platform. We do not authorize users to share an account or allow another person to use their account. Furthermore, You agree to immediately notify Us in writing of any unauthorized use and access to Your account, or similar security breach of which You become aware of.

We may access Your account and any information that You have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.

 

Public Areas

The Platform may contain profiles, email systems, blogs, message boards, ratings, reviews, chat areas, and/or other message or communication facilities (“Public Areas”) that allow you to communicate with other Users, Service Providers and the Company representatives. You may only use such community areas to send and receive information that is relevant to the applicable forum. You agree to grant us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content publicly posted by you on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the Service or for the general promotion of the Platform or Service Provider Courses marketed by the Company and as permitted by this Agreement.

Please note that any and all submissions made to Public Areas will be publicly visible and that you will be publicly identified by your public profile when communicating in Public Areas. The Company will not be held responsible for the actions of any Users with respect to any information or materials posted in such Public Areas.

 

User Generated Content

We love to engage with our Users and encourage them to connect with us and other Users, directly through our Platform as well as through our Social Media pages on third-party Websites. We do not claim any ownership of content you post or share with us on our Platform or social media pages, but you do acknowledge that such content is by its nature publicly accessible and will be viewed by others on the Web. You grant us royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, display or share, in print or on any digital media including third-party social media Websites, any content you post or share with us including but not limited to ratings and reviews for Service Provider courses marketed through our Platform. For the purposes of this agreement ‘User Generated Content’ includes but is not limited to images, videos, text or similar material.

You understand that all information transmitted by a User is the sole responsibility of the User  from whom such Content originated; that the Company will not be liable for any errors or omissions in any User Generated Content; and that the Company cannot guarantee the identity of any other Users.

 

Intellectual Property

Except for the User Generated Content, all content and services made available by the Company on the Platform including without limitation, the text, graphics, audio, video, interactive features, software and the like (“London Gap Year Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the national laws of United Kingdom, foreign laws and international conventions. You agree not to copy, sell, transfer, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any London Gap Year Content in any way except as intended under the Agreement. You also agree not to adapt, alter or create a derivative work from any London Gap Year Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any London Gap Year Content or any other User Generated Content (“Third-Party Intellectual Property”) that you do not have rights and licences to use. You understand that any use of London Gap Year Content or any Third-Party Intellectual Property on any website, system or application that is not owned and operated by us is strictly prohibited.

We hereby grant you a limited non-exclusive, non-transferable license to use our Services for your personal and noncommercial use only.

We reserve the right to prosecute any violations of this provision to the fullest extent permitted by law. You acknowledge that breach of this provision can incur criminal as well as civil liability.

 

Principal-Agent Relationship Disclosure

We act as agent on behalf of Service Providers whose courses are listed on our Platform which enables us to earn a commission income when you enrol in a course through our Platform. All courses visible on London Gap Year are provided by a third-party Service Provider who is neither owned, operated or controlled by us. In order to undertake any course you will be required to agree to the Service Provider’s Terms and Conditions and register for a course in accordance with the procedures set out by your chosen Service Provider.

 

User Conduct

You agree that:

  • You will promptly and efficiently perform all your obligations towards the Company under this Agreement;
  • You will abide by the terms and conditions of the Service Provider under the enrolment agreement;
  • You will not share any content or information made available to you, by the Company or Service Provider, for other business purposes without the Company’s prior written consent; and
  • You will ensure that you are aware of any laws that apply to you as a Student enrolling in a course offered by a third-party Service Provider and to fulfil any obligation that you may incur towards any governmental authority.
  • You will provide true and accurate information at the time of registration to the Company and the Service Provider;

 

You must not:

  • Violate any provisions of this Agreement;
  • Post any content on the Website that may be potentially or actually harmful to the Company, Service Provider or any User;
  • Post any content or information that is false, inaccurate, misleading or deceptive in nature;
  • In any way, infringe any copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
  • Act in any manner that may lead to violation of any applicable laws or regulation;
  • Post any content on the Website or the Company’s social media page that may be deemed defamatory, libellous, threatening or harassing;
  • Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
  • Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses, trojan horses, time bombs, cancelbots or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website;

If we determine, in our sole discretion, that you have breached any obligation under this Agreement, we reserve the rights to cancel or suspend your account without incurring any liability.

 

Remedies

The Company reserves the right to take all reasonable steps to investigate and prosecute any violations of this Agreement or any prohibited behaviour to the fullest extent of the law. We reserve the right to take actions to prevent and/or control such violation including but not limited to, removing any inappropriate communication or content from the Platform and/or terminating the account of such violators and/or blocking their use of the Platform.

 

Feedback

We welcome Your feedback and suggestions about how to improve our Service to You and the Platform. Feel free to submit feedback to info@londongapyear.co.uk. By submitting feedback, You agree to grant Us the right, at Our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to You.

 

Modification

You understand and agree that these Terms and the Platform offered by Us can be modified by the Company at its sole discretion, at any time without prior notice to you. It is solely your responsibility to review these Terms periodically and to familiarize yourself with any amendments. The Company shall not be liable for any loss suffered by You on Your failure to review such modified Terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Platform implemented after Your initial access of Platform shall be subject to these Terms.

 

Maintenance

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to the Platform without giving any prior notice, to carry out:

  • system maintenance; or/and
  • upgrading; or/and
  • testing; or/and
  • repairs; or/and
  • other related work.

 

Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for:

  • any loss or/and damage; or/and
  • costs; or/and
  • expense that the User may suffer or incur, as a result of such deactivation; or/and

 

Disclaimer

You acknowledge and accept that the courses are offered and delivered by third-party Service Providers who work independently and the Company merely acts as an agent for such Service Providers in marketing the courses to members who are looking to enroll in online or onsite courses. You understand that we do not control the course description, content, fees, schedule or validity of any courses marketed through our Platform. Any and all information provided through the platform should be used for guidance purposes only which can be amended by the third-party at any time without any notice to the Company. We make our best effort to ensure that all such information is current and accurate but we do not assume any liability for any loss that you may suffer from your reliance on information that later turns out to be inaccurate or outdated or in any manner incorrect.

You accept that We have no duty to take any action regarding: the accuracy or correctness of any content or courses listed on our Platform; decision criteria of Service Provider for acceptance and rejection of candidates for any given courses; business practices governing the payment, cancellation, refund of fees paid by members for enrolment; the effects of enrolment into any course you found through the Platform; or any actions that You may take after becoming a member of our Platform.

The Company hereby disclaims any and all liability for You having acquired or not acquired any information through the Platform. We make no representations concerning the quality, standards and effectiveness of any course listed on our Platform, and the Company will not be responsible or liable for the accuracy, copyright compliance, availability, legality or suitability  of courses offered through the Platform.

In no event shall We be liable for any damages whatsoever, arising out of or relating to Your conduct or anyone else in connection with the Platform. You should not, under any circumstances, provide Your financial information (e.g., credit card or bank account numbers) to any User or Company employees  using any form of digital transmission.

 

THE COMPANY RESERVES THE RIGHT BUT IS UNDER NO OBLIGATION TO KEEP ANY OF YOUR PAST DATA AFTER CANCELLATION OF YOUR MEMBERSHIP.

The Platform Service, content and add-to link are provided to You on “AS IS”  basis and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance, all of which are expressly disclaimed, save to the extent required by law.

 

The Company, and its directors, employees, agents, representatives, suppliers and partners do not warrant that:

 

(a) the Platform will be secure or available at any particular time or location;

(b) any defects or errors will be corrected;

(c) any content or software available at or through the Platform is free of viruses or other harmful components; or

(d) the results of using the Platform will meet Your requirements.

You accept that Your use of the Platform is solely at Your own risk. Some countries do not allow limitations on implied warranties, so the above limitations may not apply to You and in such case this provision shall be applicable to the maximum extent permissible in law.

 

Indemnification

To the fullest extent permitted by law, you hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense, liability, including attorneys’ fees and costs incurred, in connection with (i) Your use or inability to use the services offered by the Company under this Agreement, or (ii) as a result of your use or inability to use our website, (iii) Any loss or damage of whatsoever nature suffered by you or any third party, arising from or associated with your subscription and enrolment into a course.

 

LIMITATION OF LIABILITY

THE COMPANY, ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS’ AND THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS’ LIABILITY TOWARD YOU OR ANY THIRD PARTY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN THE EVENT THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMPANY OR ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, SHAREHOLDERS OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE MEMBERSHIP FEES, PAID BY SUCH USER TO THE COMPANY DURING THE ONE (1) MONTH PRIOR TO THE TIME SUCH CLAIM AROSE.

 

Governing Law

This Agreement shall be governed by and construed in accordance with the Laws of England and Wales without regard to choice of law principles. Any actions arising out of this Agreement or associated with this Agreement must be brought in the Courts of Law located in London, United Kingdom.

 

General Provisions

Any failure on the part of the Company to enforce any provision(s) of this Agreement will not constitute a waiver of any provision or right under this Agreement. This Agreement and the privacy policy which is included herein by reference constitutes the entire understanding between you and the Company. If for any reason, any provision of this Agreement is found to be void or unenforceable; that provision should be limited to the minimum extent permitted by law and the remaining provisions shall be fully applicable. This Agreement may not be assigned or transferred by you without prior written consent of the Company but the Company may assign or transfer any rights or obligations under this Agreement without your consent. Any assignment in violation of this provision of the Agreement shall be null and void.

 

Changes to this Agreement

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Website, Services or any content or information made available through the Website at any time, effective with or without prior notice and without any liability. We will notify you of any of the aforementioned  changes by changing the last updated date on top of this page. If you do not agree with any amendments/modifications to this Agreement, you must immediately stop using the Website. Your continued use of the Website and our Services, following any modifications to this Agreement shall constitute your complete and irrevocable acceptance of any and all such changes.

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