©2024 All rights reserved. Learn2soar Ltd, PO Box 431, Stockport. SK5 6WR. Established 2003.
Company number: 04784003 / VAT 419 2924 83
Learn2soar Terms and Conditions Of Sale
Other terms and conditions documents which should be read in conjunction with the terms displayed on this page:
TERMS AND CONDITIONS OF SALE
TERMS OF USE
LICENCE AGREEMENT
PRIVACY / COOKIE POLICY
TERMS & CONDITIONS OF SALE
1. DEFINITIONS:
(i) SUPPLIER: The expression “supplier” means Learn2soar Limited (Registered in England & Wales: 04784003. Registered Office: 36A Market Street, New Mills, High Peak, SK22 4AA. United Kingdom, also trading as “Learn2soar Music”.) Hereafter, the supplier may also be referred to as “Learn2soar”, or “we” / “our” / “us”.
(ii) PRODUCT: The expression “product” or “products” means any physical or digital item/s of services, publications, resources, licences or goods, sold or distributed by the supplier.
(iii) BUYER: The expression “buyer” or “buyers” means the person, firm, company or entity located anywhere in the world, who orders products from the supplier.
(iv) USER: The expression “user” or “users” refers to any person, firm, company or entity located anywhere in the world, who has made use of any aspect of Learn2soar’s website or products, in any way, shape or form, regardless of whether or not they have ordered products from the supplier.
(v) SUBSCRIPTION: The term “subscription” refers to an arrangement for the buyer to receive a service from Learn2soar, providing access to a set product, for a set period of time which is also referred to as the “subscription period”.
(vi) DATE: The expression “order date” or “tax date” or “subscription start date” refers to the exact date on which the buyer successfully placed their order with the supplier via any means and in return received some form of order acknowledgment from the supplier, regardless of whether the buyer received said order acknowledgement or not, and regardless of whether payment was made at the time of ordering or not.
(vii) ESTABLISHMENTS: The expression “UK based school” or “UK based schools” means all public or private educational establishments for children aged three to eighteen, that have been officially recognised as a school by the UK / Scottish / Welsh / Northern Ireland Government’s educational departments. This excludes all non-UK based addresses, as well as UK based private nursery / early years establishments, home-schooling parents, private tutors, day-care establishments, crèches, toddler groups, religious groups, playgroups, or any other private individuals, organisations or businesses.
(viii) DELIVERY ADDRESS: The expression “delivery address” means any named individual or organisation together with their physical location, as provided by the buyer, to which product/s are to be delivered. The name / address of the buyer may or may not be the same as the delivery address.
(ix) INVOICE ADDRESS: The expression “invoice address” refers to a named individual or organisation together with their physical location, as provided by the buyer, to which the supplier sends the invoice / receipt with regards to payments that are due to be made or have been made for that invoice / receipt. The invoice address may or may not be the same as the delivery address or the name / address of the buyer.
(x) INVOICE: The expression “authorised invoice” refers to Learn2soar’s regular invoice facility which is normally only reserved for UK based schools, including all associated terms and conditions as stated in this document.
(xi) CREDIT: The expression “credit period” refers to the time frame during which the supplier extends credit to a buyer. The time frame concerned begins on the order date and ends at different times for different buyers, with the exact length of any particular credit period being referenced on the associated invoice sent by the supplier. At the end of the credit period the buyer is expected to have met all financial obligations in exchange for the products that were obtained on credit. Additional charges will be incurred by any buyer that fails to successfully send full payment to the supplier within the credit period.
2. CONTRACT:
(i) Learn2soar contracts on these terms and conditions only. No terms and conditions other than those set forth herein or any variation thereof shall be binding upon Learn2soar including any terms and conditions which the buyer or user may attempt to apply, however or whenever they were sent.
(ii) The placing of an order by the buyer via any means shall be deemed to be conclusive evidence of the buyer’s acceptance of these terms and conditions in full.
(iii) Where the buyer or user attempts to impose their own terms and conditions, the seller, as an act of good faith, will attempt to comply wherever possible, but in the case of any conflict that may arise, the buyer accepts without equivocation that the entirety of the supplier’s terms and conditions will always prevail.
3. AMENDMENTS:
Learn2soar reserves the right to amend these terms and conditions at any time without prior notice being given. Buyers are advised to check them every time a new order is placed, or every time a subscription is renewed. The terms and conditions applying to your order will be those in place on the order date.4. PLACING YOUR ORDER:
(i) Before ordering, you must read all relevant information about the product/s to be ordered on the relevant product webpage, as well as any licensing product pages that may apply, as well as our terms and conditions and licensing agreements. You should also listen to all audio samples and view all script sample documentation (where relevant). If there is any piece of information which you do not understand, then you must seek clarification from us before placing your order.
(ii) All orders must be placed directly through the Learn2soar website. In doing so, buyers will have the option to formally accept these terms and conditions as part of the order process. If any buyer experiences any difficulty in using the Learn2soar website to place their order, then instead they may place their order via phone, post, or email, and in doing so the buyer will be formally authorising employees / agents of Learn2soar to complete the website order and officially accept Learn2soar’s terms and conditions on their behalf. If any buyer refuses to accept these terms and conditions in full, then they are not allowed to place orders with us.
(iii) If the buyer wishes to pay at the time of ordering via the use of credit card, debit card, PayPal, or some other instant payment mechanism, then immediate full payment is due from the buyer to Learn2soar. We will respond to any successful payment by sending an order acknowledgment. The buyer’s payment together with the order acknowledgement (received by the buyer or not) will be conclusive evidence of the placing of the order by the buyer, which will be subject to these terms and conditions in full.
(iv) Non-UK based buyers have the option to see their basket total displayed in a currency of their choosing. However, any amount or total displayed in any non-UK currency is provided as an estimate only, based on current exchange rates. Therefore, buyers will need to view their own bank or card statements to see the exact amount that any transaction may have cost. Please note that some banks / card providers will increase the exchange rate and/or add on additional charges for any transactions which are not in the buyer’s regular domestic currency. Learn2soar accepts no responsibility for any such additional charges, or for any amounts charged, which are different to the amounts shown on our website.
(v) If any buyer as part of the order process selects to pay via Learn2soar’s invoice facilities, whether that use results in an authorised invoice or an unauthorised invoice being issued, and whether the process is completed by the buyer, or by employees of Learn2soar acting on behalf of and under the instruction of the buyer (as stated in section (ii) above), then the completion of that order process to which we will issue some form of order acknowledgement (received by the buyer or not), will be conclusive evidence of the placing of the order by the buyer, which will be subject to these terms and conditions in full.
(vi) Buyers may send purchase orders to us, and any type of purchase order number or purchase reference may be added to any invoice / receipt as required. However, the sending of a purchase order by the buyer, or the inclusion of any purchase order number or reference on any invoice / receipt, does not in any way constitute the formal acceptance of the buyers purchase order by Learn2soar, or of any terms and conditions that the buyer may attempt to impose.
5. EU CUSTOMERS:
(i) Buyers located in the EU may only purchase products and services from Learn2soar if the buyer is a legitimate business customer in possession of a verifiable EU VAT number (also sometimes referred to as VRN). This type of transaction is commonly referred to as a B2B: business-to-business transaction. Sales by Learn2soar to personal consumers located within the EU (B2C: business-to-consumer transactions) are currently not allowed.
(ii) Any buyer located in the EU who wishes to order from Learn2soar will be asked to provide their VAT number as part of the checkout process. This VAT number will be automatically verified with an EU VAT registration database, which will provide Learn2soar with the registered address of the business associated with that VAT number. The registered address of the VAT number provided should match either the billing address, or shipping address used by the buyer on the order.
(iii) The user/buyer who places the order must be directly employed by the business associated with the VAT number provided and must have their complete unequivocal authorisation to place an order on behalf of the VAT registered business.
(iv) If the VAT number verification process fails for any reason, then the user/buyer will not be able to purchase from Learn2soar. If the VAT number is verified and the card payment transaction is successful, then the sale will firstly be placed on hold to allow the supplier to double-check the validity of the transaction. If there are no arising issues, then the sale will be allowed, with no VAT element included in the total amount payable by the buyer. However, the buyer is required to account for the VAT due via the reverse charge mechanism in their own territory. Learn2soar will provide the buyer with a receipt/invoice, detailing the sale and referencing the VAT number used by the buyer.
(v) Where the billing or shipping address used on the order differs from the VAT registered address of the business, then Learn2soar reserves the right to place the order on hold indefinitely while extra checks take place, to ensure that the transaction is legitimate. Once these checks are completed satisfactorily, a receipt/invoice copy will also be sent directly to the business concerned. If the checks are not completed successfully, then the transaction will be treated as a fraudulent, unauthorised transaction, as detailed in section (vii) below.
(vi) According to EU law, all records connected with the sale must then be stored by Learn2soar for ten years. This data storage requirement supersedes any buyer request to have their customer records deleted on data protection grounds.
(vii) If any user/buyer located within the EU uses the VAT number of a business when they are not authorised to do so, or where they are not employed by the said business, in order to obtain products or services from Learn2soar by deception, then any such transaction will be treated as a fraudulent, unauthorised transaction. Similarly, where a user/buyer provides a billing or shipping address that differs from the registered address of the VAT number provided, Learn2soar will place the order on hold while an explanation is requested from the user/buyer to explain the discrepancy. If the user/buyer’s response is unsatisfactory, or if no response is received within a reasonable length of time, then the transaction will be regarded as a fraudulent, unauthorised transaction. In any circumstance of a fraudulent, unauthorised transaction having taken place, Learn2soar will cancel the sale at the earliest opportunity and block the user/buyer concerned from any future access to Learn2soar’s products and services. The credit/debit card that was used for the transaction will be reported as having been used in a fraudulent transaction and law enforcement officials or tax enforcement organisations within the user/buyer’s location will be notified. If Learn2soar subsequently receives any fine or punishment with regards to the unauthorised transaction from the authorities in the user/buyer’s location, at any point in the future, then the user/buyer who perpetrated the unauthorised transaction agrees to indemnify Learn2soar against all costs involved.
6. PHYSICAL ORDERS DISPATCH:
(i) Once an order for physical products has been placed, we will endeavour to dispatch the product/s to the delivery address provided by the buyer within 24 hours of the order being received, except for weekends and public holidays, in which case we will aim to dispatch the order on the next working day instead.
(ii) If we are ‘out of stock’ of any particular product, we will inform the buyer as soon as possible and will offer to either allow the buyer to change / cancel the order (upon which circumstance Learn2soar will refund to the buyer any monies paid) or the buyer may choose to allow Learn2soar to put the order on hold until the product becomes available, at which time we will inform the buyer of an approximate date of delivery. The buyer may then still choose to cancel / change the order up until the point where the order has been dispatched.
7. DELIVERY OF INVOICES / RECEIPTS:
(i) Learn2soar will provide an invoice / receipt for any products ordered which will be dated with the order date. An electronic version of the invoice/receipt will be made available to the buyer at the time of ordering, available from the order confirmation page, and also made available on the buyer’s account pages on the Learn2soar website. An electronic copy will also be emailed to the buyer. If a physical item has been ordered, then a physical copy of the invoice / receipt will usually be included with the delivery.
(ii) Buyers are permitted to add any comments or instructions within an “Order Notes” section on the invoice / receipt, however Learn2soar makes no guarantees that it will be able to accommodate any request made by the buyer in any way.
8. INVOICE PAYMENTS:
(i) Any buyer who opts to use the supplier’s invoice method of payment will have their order treated on a business-to-business contract basis.
(ii) Any authorised invoice sent by Learn2soar to any buyer is due immediately and full payment of that invoice must reach Learn2soar no later than 30 days from the order date (unless otherwise specified by Learn2soar).
(iii) If the invoice is classed as an unauthorised invoice (as detailed in section 10 below), then full payment must reach Learn2soar no later than 7 days from the order date (unless otherwise specified by Learn2soar).
9. OVERDUE PAYMENTS:
Where you are acting as a business and we provide you with a credit period to pay, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002 and the Late Payment of Commercial Debts Regulations 2013, the right is reserved to charge interest at 8% above the Bank of England base rate on all amounts outstanding beyond the credit period; and further to make a statutory compensatory charge on late payments, as follows: for amounts below £1,000 a charge of £40; for amounts between £1,000 and £10,000 a charge of £70; and for amounts above £10,000 a charge of £100. Furthermore, if the above statutory compensatory charge fails to cover all Learn2soar’s costs, then Learn2soar reserves the right to charge the buyer reasonable additional costs to cover all Learn2soar’s costs in relation to collecting all money owed by the buyer. And further, the right is reserved to levy a minimum charge of £10 for each written reminder or statement produced and sent after the credit period (via email / text / letter). Such charges may be applied and added to any outstanding debt on a continuing basis.
10. UNAUTHORISED INVOICES:
(i) Learn2soar’s invoice method of payment is intended solely for use by UK based schools. Therefore, any buyer who fails to provide the name and physical address of a UK based school as the invoice address while making use of Learn2soar’s invoice facility, without obtaining the express prior permission of Learn2soar, will have their invoice classed as an unauthorised invoice. The only exception to this rule is where the invoice address is the finance or payments department of an organisation which is representing the UK based school; and in this case the UK based school concerned must then be referenced in the delivery address field.
(ii) If at any time Learn2soar’s website appears to automatically allow an invoice order to be created by a buyer that is not, or does not represent a UK based school, this does not constitute the permission of Learn2soar to create any such order via the invoice method of payment. Any resulting invoice generated will be classed as an unauthorised invoice.
(iii) Any unauthorised invoice issued under any circumstance will still be bound to the full terms and conditions stated in this entire document.
(iv) Payment for unauthorised invoices will always be required immediately, and in full, from the user who placed the order, and where a business address has been provided, will have that invoice treated as a commercial debt, with the previous section on ‘overdue payments’ still being applicable in full.
11. DELIVERY PROBLEMS:
A) DELIVERY FAILURE:
(i) Buyers must immediately contact Learn2soar if they have not received delivery of their physical order within 14 days of the order date (or 21 days for non-UK based buyers). At this point Learn2soar will re-send the buyer’s order via a different tracked delivery means, if appropriate.
(ii) Buyers must then inform Learn2soar again if delivery has still not been received within a further 14 days (or a further 21 days for non-UK based buyers). Learn2soar will then investigate and address this delivery problem with the utmost urgency and if appropriate, will again re-send the order via another tracked delivery means.
(iii) As long as any continued delivery failure is clearly the fault of Learn2soar, or of any delivery agent that Learn2soar has employed, delivery attempts will continue indefinitely until the buyer has finally received their order.
(iv) If at any time, it transpires that the buyer has not received their order for any reason directly attributable to the buyer and at least one subsequent delivery attempt has failed for similar reasons, then Learn2soar will be under no obligation to attempt any further redeliveries, or re-send or replace the order and the buyer will have to pay for all delivery and packaging costs, as well as any reasonable costs demanded by Learn2soar to recompense any time, energy or resources spent in dealing with the matter. The amount of any such costs and charges will be at the sole discretion of Learn2soar, with the relevant invoice / receipt amended accordingly. Any refund that may become due to the buyer will only be made once the product/s concerned have been safely returned to Learn2soar.
B) CUSTOMS / IMPORT / DUTY / TAX:
For overseas (non-UK) customers:
(i) Learn2soar is not responsible for any customs / import / duty / tax, charged by the territory in which the buyer is located, for the buyer to receive goods from us. Any such charge must be paid by the buyer alone.
(ii) Similarly, Learn2soar cannot be held accountable for any delay or confiscation of the buyer’s physical order, due to customs/import procedures in the buyer’s location.
12. FAULTS:
A) PHYSICAL PRODUCTS:
(i) Upon receipt of physical product/s, the buyer is advised to check the condition of the product/s as soon as possible. If the buyer finds that the products ordered have some type of manufacturing fault, or have suffered damage whilst in transit, or if Learn2soar has sent the wrong products (where it is clearly Learn2soar’s fault), you must inform us immediately. We will then exchange the product, as urgently as possible. We will double check the replacement item before dispatch to ensure it is in perfect working order and will deliver it for free, along with a stamped addressed envelope to allow the return of the faulty/incorrect/damaged item, so that it can be evaluated.
(ii) If any buyer reports an issue with a physical product after six months from the date of delivery, Learn2soar will be under no obligation to provide any repair or replacement unless the buyer can prove the product was faulty when it was delivered. However, as an act of good faith, Learn2soar will seek to provide as much assistance and support as is necessary to ensure a good customer experience.
(iii) Any faults reported by the buyer at any time must not include faults that are due to wear and tear.
(iv) In the event that a buyer finds that the products ordered are incompatible with the buyer’s equipment this will not be regarded as a fault, however Learn2soar will attempt to rectify the situation as a matter of urgency by supplying all the material purchased in a form that is compatible.
(v) If the buyer has received the wrong product/s and it is clearly the buyer’s fault, Learn2soar will be under no obligation to authorise any exchange, or issue any refund / compensation, or accept any returned product/s, unless the buyer is returning unused and unsealed physical products under the statutory ‘right to cancel’ as detailed in section 13.
B) DIGITAL PRODUCTS:
(i) Upon the buyer’s first access of any aspect of any digital product, the buyer is advised to check the condition of that material as soon as possible. If the buyer finds that any aspect of it has some type of fault, the buyer must inform Learn2soar immediately. Learn2soar will then endeavour to repair, correct or replace the element concerned via the best means necessary and as urgently as possible.
(ii) If a buyer finds that the digital products ordered are incompatible with the buyer’s equipment, this will not be regarded as a fault. However, as an act of good faith Learn2soar will attempt to rectify the situation as a matter of urgency by re-supplying the relevant sections of the product concerned in a format that is compatible with the buyer’s requirements, or by suggesting a software solution.
C) COMPENSATION & REFUNDS:
In the unlikely event that any buyer or user experiences any type of fault, issue, problem, or failure of service, from Learn2soar’s website, or with any aspect of any physical or digital product, at no point will that issue automatically entitle the buyer or user to any form of compensation or refund.
13. RIGHT TO CANCEL:
A) PHYSICAL PRODUCTS WHICH CONTAIN COPYRIGHTED MEDIA:
(i) Where the buyer is not acting as a business, the buyer has the statutory right to cancel their order for physical products containing copyrighted media within 14 days from the date the package was received, provided that the products remain sealed. Therefore, once the buyer unseals any such products, the buyer acknowledges that the right to cancel has been lost.
(ii) Where the buyer is not acting as a business, and the buyer wishes to return any sealed, unopened products within 14 days, they must give notice to Learn2soar (which can be done by completing Learn2soar’s cancellation form). The buyer must then wait for Learn2soar’s authorisation and return instructions. The buyer must then return the products at their own expense, using secure, hard-backed packaging, with the package sent via recorded / tracked delivery.
(iii) Refunds for physical products containing copyrighted media will be processed once the products have been returned and Learn2soar has verified that the products have not been unsealed, used or damaged in any way. If Learn2soar believes that the products in question have been unsealed or used, then those products will be returned to the buyer and no refund will be made. If the package sent by the buyer becomes lost and fails to reach Learn2soar for any reason, Learn2soar will be under no obligation to provide any refund or compensation to the buyer, instead the buyer will need to make a claim against the delivery company they employed. If the returned product has been damaged during transit, due to the buyer not following the instructions in section (ii) above, then Learn2soar reserves the right to reduce the amount of refund due to the buyer. The amount of any reduction will be at the sole discretion of Learn2soar.
(iv) Where the buyer is not acting as a business, the buyer has a statutory right to cancel by refusing to accept any physical delivery at the point of delivery. The delivery company concerned will then return the package to Learn2soar. In cases such as these, refunds will only be processed once the products have been returned and Learn2soar has verified that the products have not been unsealed, used or damaged in any way. If the package refused by the buyer becomes lost and fails to make its way back to Learn2soar for any reason, Learn2soar will make a claim against the delivery company that it employed. Once the claim has been successful the buyer will receive a refund.
(v) Learn2soar reserves the right to offer partial refunds instead of full refunds if any rejected physical product is part of a bundled order which includes both digital and physical elements, or where more than one physical product has been ordered with the various products being sent via different packages, with any refund amount being at the sole discretion of Learn2soar.
(vi) In all circumstances, postage / delivery costs are completely non-refundable.
B) DIGITAL PRODUCTS WHICH CONTAIN COPYRIGHTED MEDIA:
(i) Where the buyer is not acting as a business, the buyer has the statutory right to cancel their order for digital products containing copyrighted media within 14 days from the order date, provided that the download service has not been supplied, as digital products cannot be cancelled or refunded once downloading has commenced. Our download services commence immediately when the buyer clicks a link to access the digital product from Learn2soar’s site and the buyer will not have the right to cancel once the services commence. By commencing download services, the buyer agrees that the cancellation period has ended. If the buyer believes that an unacceptably poor service has been provided, then Learn2soar must be notified as urgently as possible.
(ii) Where the buyer is not acting as a business, and the buyer wishes to cancel their order for a digital product within 14 days of the order date, they must give notice to Learn2soar (which can be done by completing Learn2soar’s cancellation form). Learn2soar will then run a series of checks to ensure that the digital product has not been accessed by the buyer in any way, and that notification of the request to cancel was provided within the 14 day timeframe. If all conditions are met, then a full refund for the digital product in question will be processed as soon as possible.
(ii) In the unlikely event that the buyer experiences any technical difficulty in accessing the digital product at any point, Learn2soar guarantees that full support will be provided to enable the buyer to fully access all the resources required. Any technical difficulty experienced by the buyer at any time does not entitle the buyer to receive a full or partial refund or compensation in any way.
(iii) Learn2soar reserves the right to offer partial refunds instead of full refunds if any unused and rejected digital product is part of a bundled order which includes both digital and physical elements, where the physical element has not been returned, with any refund amount being at the sole discretion of Learn2soar.
C) LICENSING SERVICES:
(i) Where any licence product is bundled with a digital product / physical product, then the cancellation terms stated above apply and take precedence.
(ii) Where the buyer is not acting as a business, and where a licence product is ordered outside of any bundle, then that licence can be cancelled, refunded, exchanged or altered within thirty days of the order date, but beyond those thirty days Learn2soar will be under no obligation to provide any type of refund, exchange, alteration or compensation.
14. REFUNDS / COMPENSATION:
(i) If at any time Learn2soar decides to offer a full or partial refund, or pay any form of compensation to the buyer, then Learn2soar will initiate that payment as a refund on any card payment that has already made by the buyer within thirty days of notification to the buyer of Learn2soar’s decision.
(ii) If the buyer’s original payment was made via cheque or bank transfer, or if Learn2soar decides to offer any compensation in addition to a full refund, then any such payment will be made via cheque payment, which will be sent within thirty days of notification to the buyer of Learn2soar’s decision.
(iii) If Learn2soar decides to offer a refund or compensation on any order for which the buyer has not yet made full payment, then any associated invoice will be adjusted and re-issued accordingly, with new amounts due being clearly stated, however any credit period that had already been offered on the original invoice will not be adjusted for the re-issued invoice.
(iv) Any decision regarding any refund or compensation made by Learn2soar at any time is at the sole discretion of Learn2soar, with that decision being final.
15. UNDERPAID MAIL:
If at any time Learn2soar receives notice from a delivery company employed by Learn2soar, stating that an item of mail has been sent to Learn2soar using incorrect postage means, so that a fee is due, Learn2soar will not pay any such fee or attempt to arrange collection / redelivery of the item of mail. The specified item of mail will then be returned to the sender by the delivery agent.
16. LICENCE / SUBSCRIPTION:
(i) The length of any subscription period will be clearly displayed by Learn2soar at the time of ordering. Generally, Learn2soar provides subscriptions for a period of 12 months, also known as an ‘annual subscription’. If there is any difference in the length of the subscription period for any particular product or buyer, then that information will be clearly displayed at the time of ordering. Learn2soar does not allow automatic renewal of subscriptions. If any customer wishes to renew any subscription, they must do so manually, as and when required.
(ii) Specific terms and conditions regarding the proper use of products can be found within a copyright licensing document which is contained within each individual product. This document is usually titled, ‘Annual Licence’. A preview of the contents of the annual licence agreement can be found here. You may not make use of any aspect of the supplier’s products without agreeing to comply with the contents of the annual licence agreement.
(iii) If any buyer / user intends to make use of any Learn2soar’s products in such a way that necessitates some form of additional licence purchase or upgrade to be ordered from Learn2soar, then that licence or upgrade should be ordered before the intended usage comes to pass, rather than afterwards. This also applies when ordering a new licence (subscription). Generally, all Learn2soar’s licence products (and subscriptions) are sold on an annual basis. Therefore, if the scope of the user / buyer’s intended usage goes beyond the initial twelve months, a new licence (or subscription) must be ordered, no later than the one-year anniversary of the original order date. Any use of Learn2soar’s products, without an appropriate licence, subscription, or upgrade, or licence renewal being ordered within the correct timeframe, will be regarded as an illegal use of Learn2soar’s products.
(iv) Where a user has a need to order any licence, subscription, or upgrade from Learn2soar but fails to do so for any reason and an illegal use of Learn2soar’s material has taken place, Learn2soar reserves the right to charge the user the maximum cost of the licence or upgrade concerned. In addition, Learn2soar reserves the right to seek appropriate compensation / redress, depending on the quantity of material used, along with audience numbers / viewing figures / sales figures / user numbers / download figures / revenue generated, and the time / resources / services used by Learn2soar in investigating the matter. Any such charges / compensation / redress will be invoiced to the user, using the terms detailed in this document.
17. SPECIAL OFFERS:
(i) Special offers / discounts may be offered from time to time on an individual or general basis. The terms and conditions set out on this page still apply in these cases. This does not affect the buyer’s statutory rights.
(ii) Any special offer / discount may not be used in conjunction with any other special offer / discount unless otherwise specified by Learn2soar.
18. VOUCHER CODES:
(i) Where we offer the use of a voucher code, we shall make clear any restrictions regarding the use of that voucher and the intended purpose of the voucher, at the time it is issued. The voucher code can then only be used according to any stated restrictions and for the intended purpose only.
(ii) Where an error occurs that seems to allow the use of any voucher outside of any stated restrictions, or for anything other than the voucher’s true intended purpose, the subsequent use of that voucher code by the buyer in that way will be termed an ‘incorrect use’ and will not be allowed. The full regular price of the item in question must then be paid in full by the buyer. In the case of 30-day invoices, the invoice in question will be amended to reflect the full price required. If the buyer is in receipt of an automated supplier’s invoice for an incorrect amount following the incorrect use of a voucher code, then that automated invoice shall become void. In the case of receipts that have been automatically issued for payments already made for an incorrect amount, a new invoice will be sent to the buyer for the remaining balance due, so that Learn2soar can receive full payment. Payment of this invoice will be in accordance with all the terms set out in this document.
19. INCORRECT ADDRESS:
With regards to buyers who provide incorrect delivery address details. In these circumstances:
(i) Learn2soar reserves the right to charge additional postage costs where a subsequent redelivery is required.
(ii) Furthermore, if the items posted to the incorrect address have become lost in the post and have not been returned after a period of six weeks, then the buyer shall be liable for the cost of re-stocking that item.
20. GOVERNING LAW:
(i) Learn2soar’s terms and conditions and licence agreements are governed by and shall be interpreted in accordance with English law. The courts of England and Wales have exclusive jurisdiction over any disputes or claims concerning this agreement and you agree not to commence any action against Learn2soar other than in the courts of England and Wales. Notwithstanding this, you agree that Learn2soar shall be allowed to apply for injunctive remedies in any jurisdiction.
(ii) If any aspect of this agreement is found to be invalid or unenforceable by any court in any jurisdiction, such invalidity or unenforceability shall not affect the remainder of the agreement, which shall still be fully enforceable.
(iii) Learn2soar’s failure at any time to enforce any of Learn2soars’ terms and conditions shall not be a waiver of them or a waiver of Learn2soar’s right to enforce such terms and conditions in the future.
