Terms & Conditions – Magnete T/A FOG Academy

This agreement applies as between you, the User of this Website and FOG Academy, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.

1. About these terms and who we are

These terms apply when you use fog-academy.learnworlds.com and when you buy or take a course from us. Please read them carefully. By using the Website you agree to sections 1–3 and 6–7. Sections 4 and 5 also apply when you buy a course. If you do not agree, please stop using the Website.
The Website is run by Magnete [Ltd], trading as FOG Academy:
• Company number: [company number], registered in England and Wales
• Registered office: [registered address]
• VAT number: [VAT number, if registered]
• Email: daniel@magnete.co.uk
• Telephone: [phone number]
These terms do not affect your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015.

2. Definitions

In these terms:
• "Account" means your registered profile, login details and related information used to access courses and other features of the Website.
• "Consumer" means an individual buying wholly or mainly for purposes outside their trade, business, craft or profession.
• "Content" means any text, graphics, images, audio, video, software, data and other material on the Website.
• "Course" means any online course, training programme, learning material or related service you buy or access through the Website, including digital content and any live sessions.
• "Community features" means any message boards, comments, live chat, email links or other communication tools on the Website.
• "Order" means your request to buy a Course.
• "Website" means fog-academy.learnworlds.com and any of its sub-domains, unless they have their own terms.
• "We", "us", "our" means Magnete [Ltd] trading as FOG Academy.
• "You" means the person using the Website or buying a Course.

3. Using the Website

3.1 Age. You must be 18 or over to create an Account or buy a Course. Anyone under 18 may use the Website only with the permission and supervision of a parent or guardian, who must make any purchase.
3.2 Business customers. These terms also apply if you buy Courses for your business, except where they state that a right applies only to consumers.
3.3 Our intellectual property. All Content on the Website and in our Courses, other than content uploaded by users, belongs to us or our licensors and is protected by UK and international intellectual property laws. When you buy a Course, we give you a personal, non-transferable, non-exclusive licence to access and use it for your own learning. You must not copy, share, resell, record, distribute or publicly show any Course or Content unless we give written permission or the law allows it, for example under the exceptions in Chapter III of the Copyright, Designs and Patents Act 1988.
3.4 Third-party material. Some names, logos and materials on the Website belong to third parties and are used with permission. The same restrictions apply to them.
3.5 Links to other websites. The Website may link to sites we do not control. We are not responsible for their content, and a link does not mean we endorse them.
3.6 Linking to our Website. You may link to our home page, as long as you do so fairly and lawfully and do not suggest any association or endorsement that does not exist. Please ask us before linking to other pages.
3.7 Community features. When using our Community features you must not:
• post anything unlawful, abusive, threatening, harassing, defamatory, obscene or discriminatory;
• promote or incite violence or illegal activity;
• impersonate anyone, including our staff;
• infringe anyone's intellectual property or privacy;
• send spam or unauthorised mass messages; or
• upload viruses or harmful code.
We may monitor, keep and remove anything posted through our Community features. You keep ownership of what you post, but you give us a free, worldwide licence to use, display and adapt it for running the Website and our Courses. We may respond only to messages written in English.
3.8 Your Account. You must give accurate information and keep it up to date. Keep your login details confidential and do not share your Account; Course access is for one person only. Tell us straight away at daniel@magnete.co.uk if you think someone else has accessed your Account. Your username must follow the rules in section 3.7.
3.9 Closing your Account. You can close your Account at any time by contacting us. We may suspend or close your Account if you seriously or repeatedly break these terms. We will tell you why, unless the law prevents us. If we close your Account without good reason, we will refund any Course you have paid for but cannot access.

4. Courses, prices, orders and payment

4.1 Course descriptions. We take care to describe each Course accurately. Course content may be updated from time to time to keep it current, but we will not change it in a way that makes it materially worse than described.4.2 Prices. Prices are shown in pounds sterling and [include VAT where applicable / are not subject to VAT]. We may change prices at any time, but changes will not affect Orders we have already accepted. If we have made an obvious pricing error, we will contact you before accepting your Order.4.3 How the contract is formed. Nothing on the Website is an offer we are bound to accept. Your Order is an offer to buy. A contract is formed only when we send you an email confirming your Order. The confirmation will include the Course details, the price, any taxes and how to access the Course.4.4 If we cannot accept your Order. We will tell you and will not charge you. If you have already paid, we will refund you in full within 14 days.4.5 Payment. We take payment through our payment providers when you place your Order. For any Course sold by instalments or subscription, we will take payment on the dates shown at checkout and in your Order confirmation. We do not see or store your full card details.4.6 Access. Most Courses are available immediately after your Order is confirmed. Where a Course or live session starts later, we will tell you the start date. Access lasts for the period stated on the Course page or, if no period is stated, for [12 months / as long as we offer the Course].4.7 If something is wrong. We will provide our Courses with reasonable care and skill. Under the Consumer Rights Act 2015, digital content must be of satisfactory quality, fit for purpose and as described. If a Course is faulty or not as described, tell us and we will repair or replace it, or give you a full or partial refund if we cannot.4.8 Support. We provide support by email [and online forum]. We aim to respond within [2] working days.4.9 Additional terms. Some Courses may have additional terms, which we will show you before you order.

5. Your right to cancel and refunds

  • 5.1 Your 14-day cancellation right. If you are a consumer, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you the right to cancel within 14 days of the day after we confirm your Order, without giving a reason.
  • 5.2 Online course content (digital content). If you ask to start a Course straight away, at checkout we will ask you to agree to immediate access and to acknowledge that you will lose your right to cancel once you start accessing the Course content. Once you have accessed the Course, you can no longer cancel under section 5.1. Your rights under section 4.7 if the Course is faulty still apply.
  • 5.3 Live or scheduled services. For live sessions, coaching or other services, if you ask us to start within the 14-day period and then cancel, we will refund you less a proportionate amount for the services already provided. If the service has been fully provided, you can no longer cancel.
  • 5.4 How to cancel. Email daniel@magnete.co.uk or write to us at [registered address] with your name, the Course and your Order date. You may use the model cancellation form below, but you do not have to.
  • To Magnete [Ltd] t/a FOG Academy, [address], daniel@magnete.co.uk: I hereby give notice that I cancel my contract for the following course: [name]. Ordered on: [date]. Name: [your name]. Address: [your address]. Signature (if on paper). Date.
  • 5.5 Refunds. We will refund you using the original payment method within 14 days of receiving your cancellation.
  • 5.6 Subscriptions and instalment plans. You can stop a subscription at any time from your Account or by emailing us. It will end at the close of the current billing period, and you will not be charged again. Instalment plans for a single Course must be paid in full unless you cancel within your 14-day cancellation period.
  • 5.7 Business customers. The rights in sections 5.1 to 5.3 apply only to consumers. Business customers may cancel only as set out in their Order or any separate agreement with us.

6. Privacy, availability and our liability

6.1 Privacy. We handle your personal data in line with UK data protection law and our Privacy Policy, which explains what we collect, why, and your rights.
6.2 Information on the Website. Content on the Website and in our Courses is for general education and information. It is not professional advice tailored to your circumstances. We do not guarantee any particular result, qualification or outcome from taking a Course.
6.3 Availability. We aim to keep the Website and Courses available at all times, but we do not guarantee uninterrupted access. We may suspend access for maintenance, updates or reasons outside our control, such as hosting, network or power failures. We will try to give notice of planned downtime. If a Course you have paid for is unavailable for a long period, contact us and we will extend your access or give a fair refund.
6.4 Security. We take reasonable steps to keep the Website secure, but please use up-to-date antivirus software and keep your devices secure.
6.5 What we are responsible for (consumers). If we break these terms or fail to use reasonable care and skill, we are responsible for loss or damage you suffer that is a foreseeable result. We are not responsible for loss that was not foreseeable. We only supply Courses for domestic and private use, so we are not liable to consumers for loss of profit, business, business opportunity or business interruption.
6.6 Digital content that damages your device. If defective digital content we supply damages a device or other digital content belonging to you, we will either repair the damage or pay you compensation, unless the damage was caused by your failure to follow our instructions or install free updates.
6.7 Business customers. If you buy as a business, we are not liable for any indirect or consequential loss, or for loss of profit, revenue, business or goodwill. Our total liability to you for each Order is limited to the price you paid for it.
6.8 What we do not exclude. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law, including your statutory rights as a consumer.

7. General

7.1 Changes to these terms. We may update these terms from time to time, for example to reflect changes in the law or our Courses. The version in force when you place an Order applies to that Order. If we make a significant change that affects a Course or subscription you have already bought, we will tell you in advance. If you do not accept the change, you may cancel and receive a refund for any part of the Course you have paid for but not received.
7.2 Marketing emails. We will only send you marketing emails if you have agreed or are an existing customer and have not opted out. You can unsubscribe at any time using the link in any email.
7.3 Complaints. If you are unhappy, please contact us at daniel@magnete.co.uk. We aim to acknowledge complaints within [2] working days and resolve them within [14] days.
7.4 Notices. You can contact us by email at daniel@magnete.co.uk or by post to our registered office. We will contact you using the email address on your Account. An email is treated as received on the business day it is sent, or the next business day if sent outside business hours. A first-class letter is treated as received two business days after posting.
7.5 Transfer. We may transfer our rights and obligations under these terms to another organisation, for example if our business is sold. We will tell you, and your rights will not be reduced. You may not transfer your rights without our written consent.
7.6 Severability. If a court finds any part of these terms invalid or unenforceable, the rest will continue to apply.
7.7 No waiver. If we delay or do not enforce any of these terms, we can still enforce them later.
7.8 Third-party rights. Only you and we have rights under these terms. No one else can enforce them under the Contracts (Rights of Third Parties) Act 1999.
7.9 Entire agreement. These terms, your Order confirmation and any additional Course terms are the whole agreement between us. They replace any previous versions.
7.10 Governing law and jurisdiction. These terms are governed by the law of England and Wales. Disputes may be brought in the courts of England and Wales. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts and you keep the protection of any mandatory local law.

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