Terms & Conditions - Flying Colours

1. Definitions and Interpretations

“Account” means an account required to access and/or use certain areas and features of our website.
“We/Us/Our” means Flying Colours Educational Psychology Service, a limited company registered in England and Wales under Company Number 10591070, whose registered address is Salisbury & Co, Irish Square, St Asaph, Denbighshire. LL17 0RN.
“User/You/Your” refers to the user of our website.
“The/Our website” refers to www.flyingcolourseducationalpsychology.co.uk.

2. Limitation of Liability

Neither Flying Colours Educational Psychology Service Ltd or its directors, employees, associates or shareholders excludes or limits liability to you for death or personal injury or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982 or for fraud or fraudulent misrepresentation or other non-waivable statutory right under English law.
Subject to clause 2.1, in no event shall Flying Colours Educational Psychology Service Ltd or its directors, employees, associates or shareholders be liable to the user:
- (a) with respect to the use of the website, the content or the material contained in or accessed through the website (including, without limitation, any damages caused by or resulting from reliance by a user on any information obtained from Flying Colours Educational Psychology Service Ltd);
- (b) with respect to any of these terms or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failures, theft, destruction, or unauthorised access to Flying Colours Educational Psychology Ltd records, programs or services; or
- (c) for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the website or any of their features, including but not limited to website/product malfunction and/or downtime.
We do not guarantee that:
- (a) the services will be secure or available at any particular time or location;
- (b) any defect or errors will be corrected;
- (c) the services will be free of viruses or other harmful materials; or
- (d) the result of using the services will meet your expectations,
  and you acknowledge that you use the services solely at your own risk.
You and Flying Colours Educational Psychology Service Ltd expressly agree that should any limitation or provision contained in this clause 2 be held to be invalid under any applicable law or rule of law, it shall to that extent be deemed omitted. If either of them thereby becomes liable for loss or damage that would otherwise have been excluded, such liability shall be subject to the other limitations and provisions set out herein.

3. Copyright & Intellectual Property Rights

All webinar content and content of other purchasable materials, including but not limited to, product descriptions, sales emails, discount codes and designs remain the intellectual property of Flying Colours Educational Psychology Ltd and are protected by copyright laws and treaties around the world. All such rights are reserved by Flying Colours Educational Psychology Service Ltd. You may store, print and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Flying Colours Educational Psychology Ltd.
‘Flying Colours’ and our Logo are Registered Trademarks belonging to Flying Colours Educational Psychology Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably and stylistically similar without the written permission of Flying Colours Educational Psychology Ltd.

4. Access to Webinars

Access to content will only be granted for the amount of time specified on the particular product purchased.
You must not attempt to gain unauthorised access to webinar content and/or other purchasable materials, the server(s) on which it is stored or any server, computer or database connected to our website.
Sharing of the webinar content and/or login details with anyone outside of the purchasing educational setting or sharing the content with other parents/students is strictly prohibited. Legal action will be taken in the event of a breach of these conditions and the user’s account will be immediately suspended.
We reserve the right to close user accounts for any reason deemed to be appropriate to us. If the reason for the closure relates to misuse of the service, including, but not limited to, knowingly introducing viruses, Trojans, worms or other material which is malicious or technologically harmful or verbal/physical abuse of Flying Colours Educational Psychology Ltd directors, shareholders, employees or associates no refunds will be payable.
If services are withdrawn by us, at no fault of the user, a refund will be issued on a pro-rata basis for the product purchased at the discretion of Flying Colours Educational Psychology Ltd.
We reserve the right to withdraw or amend the service we provide on the website without notice. We shall not be liable if, for any reason, the website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of this website to users who are registered with us.

5. Pricing and Payment Terms

The price of Flying Colours Educational Psychology products is as quoted on the website at the time.
Prices are liable to change at any time, but changes will not affect orders in respect of which have already been paid.
Payment for products on our website must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards. Full online payment is required, before webinar content can be accessed.
Online payment transactions are subject to validation checks by your card issuer and we are not responsible if:
- (a) your card issuer declines to authorise payment for any reason; or
- (b) your card issuer charges you an online handling fee or processing.
‘Pay as you go’ individual webinar licenses and ‘Annual’ unlimited webinar licenses are non-refundable.
Discount codes are:
- (a) for one use only;
- (b) subject to availability; and
- (c) not exchangeable for cash either fully or in part.
The expiry date for the code is specified at the time the code is supplied. The discount code is valid up to and including the expiry date.
We are not responsible for lost or damaged discount codes, including but not limited to, any loss suffered as a result of a discount code email being blocked by filters or firewalls, or where the incorrect email address has been supplied by the purchaser. Risk of loss passes to the customer upon electronic transmission of the voucher to the designated recipient.
We reserve the right to cancel discount codes for any reason, at any time, including but not limited to, if a fraudulently obtained voucher is redeemed or used to make a purchase.

6. Dispute Resolution

In the event of any controversy or dispute between Flying Colours Educational Psychology Service Ltd and you arising out of, or in connection with, your use of the webinars or other purchasable products, the parties shall attempt, promptly and in good faith to resolve any such dispute.
If we are unable to resolve any such dispute referred to in clause 6.1 within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation.
In order to initiate the mediation, a party must give notice in writing to the other party requesting mediation.
If the dispute referred to in clause 6.1 cannot be resolved through mediation, then the parties shall be free to pursue any or remedy available to them under applicable law.
No party may commence any court proceedings or arbitration in relation to any dispute arising out of these terms and conditions until it has attempted to settle the dispute by mediate, and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay.
Any claim under these terms and conditions must be brought within 3 months after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that should Flying Colours Educational Psychology Service Ltd be the winning party, we will be entitled to costs and lawyer fees.

7. Governing Law

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales and Flying Colours Educational Psychology Ltd and you hereby submit to the non-exclusive jurisdiction of the English Courts and waive any objection to such jurisdiction or venue.

8. Rights of third parties

Nothing in these terms and conditions is intended to confer on any person any right to enforce any terms of these terms and conditions which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.

9. Notices

Any notice, demand or communication in connect with these terms and conditions will be in writing and may be delivered by hand or prepaid recorded delivery first class post addressed to the recipient at its registered office, or any other address notified to the other party in writing in accordance with this clause as an address to which notices, invoices and other documents may be sent.
The notice, demand or communication will be deemed to have been duly served:
- (a) if delivered by hand, at the time of delivery;
- if delivered by post, two business days after being posted or in the case of airmail, 14 business days after being posted.

10. Personal Data

All personal data provided to Flying Colours Educational Psychology Ltd will be handled in accordance with the GDPR, details can be found at https://www.flyingcolourseducationalpsychology.co.uk/privacy-policy/