Terms of Sale of Online Tuition
Background:
1. These Terms of Sale together with the attachment below and any and all other documents referred to in these Terms of Sale set out the terms and conditions on which Paid Content, accessed via Subscriptions, is sold by Us to Consumers through this website, ohengroup.eu (“Our Site”).
2. Terms and information that are specific to accessing sessions of Paid Content presented by a Tutor (as defined below) from or via Our Site using the online learning platform are set out in the attachment below for ease of reference but they will have the same effect as if set out in these Terms of Sale.
3. Please read these Terms of Sale and the attachment below carefully and ensure that You understand them before purchasing a Subscription. If You have any query about anything in these Terms of Sale or the attachment, please contact Us to discuss. When setting up an Account before purchasing any Subscription, You will be required to read, accept, and agree to comply with and be bound by these Terms of Sale and the attachment.
4. All of the information that We give to You will be part of the terms of Our Contract with You as a Consumer whether it is information that We:
1. are required by law to give to You before You order a Subscription; or
2. voluntarily give to You and You rely on it either when deciding to order a Subscription or when, subsequently, You make any decision about the Subscription.
We give You some of that information before You order a Subscription and some it is set out in these Terms of Sale and the attachment.
5. Paid Content is intended for access and use only by a person who is aged 18 or over, and only a person of that age can set up an Account and purchase a Subscription
6. These Terms of Sale, as well as any and all Contracts, are in the English language only.
7. These Terms of Sale apply only to the sale of Paid Content; the terms governing use of Our Site are separate and are set out on our Site under the heading “Website Terms of Use”.
1. Definitions and Interpretation
1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means the account, referred to in sub-Clause 7.1, that You must set up with Us in order to purchase any Subscription;
“Background Items”means background and other information or materials relating to or forming part of the tuition, instruction, teaching, coaching, training, or mentoring to be provided, all of which information or materials is downloadable or viewable as text/graphics;
“Consumer” means an individual customer who purchases any Subscription to Our services comprising any Paid Content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession;
“Contract” means a contract between Us and You for the purchase of a Subscription for You to access any Paid Content;
“Paid Content” means any content (including text, graphics, images, audio, and video) comprising any session of tuition, instruction, teaching, coaching, training, or mentoring, or any Background Items or other materials or information, which We offer. The sessions, Background Items and other information or materials are sold by Us through Our Site and made available by Us on Our Site by means of
1. two-way synchronous livestream audio and/or video technology,
2. asynchronous livestream video and/or audio;
3. recorded streamed non downloadable video and/or audio; and
4. downloadable (or other viewable) text, graphics or other video, audio, or other items or information, including Background Items.
Paid Content will be more fully described in other information that We give or make available to You before You order a Subscription. That information may include the name of any Tutor presenting any content on Our behalf but whether it does or does not do so, We may, if so We decide in our discretion, at any time and without notice substitute any other Tutor(s) who is suitably qualified and experienced;
“Subscription” means a subscription to Our Site purchased by You which provides You with the entitlement and access to Paid Content which comprises either:
(a) one or more specific single events or items; and/or
(b) one or more series or collections of two or more specific events or items; and/or
(c) one or more or all types of events or items available on or via Our Site; and
(d) the Background Items.
Subscriptions can be in the form of access subscriptions wherein access is granted for the period of the subscription. Once off course subscriptions are accessible for a maximum of 3 years from completion of such a course unless an access subscription is applied before 3 years have passed.
We will give You information about the times and dates or periods of access to (a), (b) and (c) before You purchase the Subscription.
Every Subscription will include access to the Background Items for the whole period of the Subscription, and they will all be accessible as soon as We have sent You a Subscription Confirmation;
“Subscription Confirmation” means Our acceptance and confirmation of Your purchase of a Subscription;
“Subscription ID” means the reference number or invoice number for Your Subscription;
“Tutor”means the tutor, instructor, teacher, coach, mentor, or other individual who presents the Paid Content and/or who interacts with You online during any session of Paid Content;
“We/Us/Our” means the Ohen Group Academy (Ohen Academy), a division of Ohen Group (Pty) Ltd with registration number 2021 / 895266 / 07; and
“You” means the Consumer who sets up an Account and purchases a Subscription and accesses and uses any Paid Content.
2. Information About Us
1. Our Site, ohengroup.eu, is owned and operated by Ohen Group (Pty) Ltd. Our VAT number is 4190310138.
2. We are a member of Ärztliche Gesellschaft für Ozonanwendung in Prävention und Therapie
3. Contacting Us
1. If You wish to contact Us with general questions, You may contact Us by email at info@ohengroup.eu, or by post at 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany.
2. For matters relating to Paid Content or Your Subscription or Account, please contact Us by email at info@ohengroup.eu, or by post at 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany.
3. For matters relating to cancellations, please contact Us by email at info@ohengroup.eu, by post at 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany, or refer to the relevant Clauses above.
4. Age Restriction and Consumers only
Only if a person is aged at least 18 years of age and a Consumer may they set up an Account or purchase a Subscription through Our Site and access Paid Content.
5. Business Customers
These Terms of Sale and the attachment below do not apply to customers purchasing Subscriptions and accessing Paid Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.
6. Subscriptions, Paid Content, Pricing and Availability
1. We make all reasonable efforts to ensure that all descriptions of Subscriptions and Paid Content available from Us correspond to the actual Subscription and Paid Content that You will receive. Please note, however, that due to ongoing development of our courses, some content may be changed, replaced or removed to account for industry developments.
2. Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor discrepancies between the Paid Content and the descriptions of it.
3. We may from time to time change Our prices. Changes in price will not affect any Subscription that You have already purchased but will apply to any subsequent renewal or new Subscription. We will inform You of any change in price at least 7 days before the change is due to take effect. If You do not agree to such a change, You may cancel the Contract.
4. Minor changes may, from time to time, be made to certain Paid Content, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues. These changes will not alter the main characteristics of the Paid Content and should not normally affect Your use of that Paid Content. However, if any change is made that would affect Your use of the Paid Content, suitable information will be provided to You.
5. In some cases, as described in the relevant content descriptions, We may also make more significant changes to the Paid Content. If We do so, We will inform You at least 30 days before the changes are due to take effect. If You do not agree to the changes, You may cancel the Contract
6. Where any updates are made to Paid Content, that Paid Content will continue to match Our description of it as provided to You before You purchased Your Subscription for access to the Paid Content. Please note that this does not prevent Us from enhancing the Paid Content, thereby going beyond the original description.
7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Changes in price will not affect any order for a Subscription that You have already placed.
8. All prices are checked by Us before We accept Your order. In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake. If the correct price is lower than that shown when You made Your order, We will simply charge You the lower amount and continue processing Your order. If the correct price is higher, We will give You the option to purchase the Subscription at the correct price or to cancel Your order (or the affected part of it). We will not proceed with processing Your order in this case until You respond. If We do not receive a response from You within 7 days, We will treat Your order as cancelled and notify You of this in writing.
9. If We discover an error in the price or description of Your Subscription after Your order is processed, We will inform You immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens.
10. If the price of a Subscription that You have ordered changes between Your order being placed and Us processing that order and taking payment, You will be charged the price shown on Our Site at the time of placing Your order.
11. All prices on Our Site include VAT. If the VAT rate changes between Your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
7. Orders – How Contracts Are Formed
1. Our Site will guide You through the process of setting up an Account and purchasing a Subscription. (Please also see the attachment below as to setting up an Account.) Before completing Your purchase of a Subscription, You will be given the opportunity to review Your order for the Subscription and amend it. Please ensure that You have checked Your order carefully before submitting it.
2. If, during the order process, You provide Us with incorrect or incomplete information (including any incorrect or incomplete information about You or the type of Paid Content that You require) please contact Us as soon as possible. If We are unable to process Your order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Paid Content that results from You providing incorrect or incomplete information.
3. No part of Our Site constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acknowledgement of receipt of Your order does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Subscription Confirmation by email. Only once We have sent You a Subscription Confirmation will there be a legally binding Contract between Us and You.
4. Subscription Confirmations shall contain the following information:
1. Your Subscription ID;
2. Confirmation of the Subscription ordered including full details of the main characteristics of the Subscription and Paid Content available as part of it;
3. Fully itemised pricing for Your Subscription including, where appropriate, taxes, and other additional charges;
4. The duration of Your Subscription (including the start date);
5. Confirmation of Your acknowledgement that the Paid Content will be made available to You immediately and that You will lose Your legal right to change Your mind and cancel upon accessing the Paid Content;
6. In relation to any video (live or recorded) event, item, series, collection or type/s of events or items or Background Items constituting the Paid Content, the time/date when or period during which it can be accessed; and
7. The name provided at the time of account creation or subscription will be the name issued on certificates or the specific subscription course. Should this be incorrect, notify us within 24 hours of payment. It is at our discretion to amend the name after this period within reason.
5. In the unlikely event that We do not accept or cannot fulfil Your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 7-14 days.
6. Any refunds under this Clause will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
7. Refunds under this Clause will be made using the same payment method that You used when purchasing Your Subscription.
8. Payment for Subscriptions
1. Payment for each Subscription must always be made in advance in full. Your chosen payment method will be charged when We process Your order and send You a Subscription Confirmation.
2. We accept the following methods of payment on Our Site:
1. Paypal;
2. Bank Transfer.
3. Where bank charges or transaction fees apply, You are responsible for such charges. Enquire with your payment gateway prior to making payment to ensure you account for these charges.
4. If You do not make any payment due to Us on time, We will suspend Your access to the Paid Content. If You do not make payment within 48 hours of Our reminder, We may cancel the Contract. Any outstanding sums due to Us will remain due and payable.
5. If You believe that We have charged You an incorrect amount, please contact Us at info@ohengroup.eu as soon as reasonably possible to let Us know. You will not be charged for Paid Content while availability is suspended.
6. Should You fail a course, We may either offer you a resit if the course has a final examination or you may re-subscribe to the course again at a discounted rate. If you do don complete the course within the time period, You may defer the course and pay the relevant fee for this. No certification will be issued until a course is completed and passed. You may find more information in the Assessment Guidance.
9. Provision of Paid Content
1. We undertake to make available to You on these Terms of Sale the Paid Content for which You subscribe but if You choose not to access or make any permitted use of some or all of that Paid Content or, for any reason not attributable to Us, You are unable to do so, You will not be entitled to any refund.
2. All Paid Content within the scope of Your Subscription will be available to You from when We send You a Subscription Confirmation for the duration of Your Subscription, including any renewals, or until You end the Contract, on and subject to the following:
1. An item of Paid Content requested will be available when stated in the information that We provide about it before You place Your order, either (a) if it is a livestream item, the time and date when it is scheduled to be available and to start; or (b) if it is a pre-recorded or other non livestreamed item or Background Item, the period within which it is or will be available for access.
2. If an item of Paid Content is a livestream item, We will use all reasonable endeavours to make it available and start it at the time it Is scheduled to start, but the start may be delayed either by overrun of a previous livestream item (such being made available by Us to You and/or to others) or by other circumstances. Any such delay will not normally exceed 30 Minutes but if the start is delayed by more than that period then We will refund you if you choose to not attend.
3. When You place an order for a Subscription, You will be required to expressly acknowledge that You wish Paid Content to be made available to You to access immediately. You will also be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Paid Content, You will lose Your legal right to cancel if You change Your mind (the “cooling-off period”).
4. In some limited circumstances, We may need to suspend the provision of Paid Content (in full or in part) for one or more of the following reasons:
1. To fix technical problems or to make necessary minor technical changes;
2. To update the Paid Content to comply with relevant changes in the law or other regulatory requirements;
3. To make more significant changes to the Paid Content.
5. If We need to suspend availability of the Paid Content, We will inform You in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Paid Content, in which case We will inform You as soon as reasonably possible after suspension). If the suspension lasts (or We tell You that it is going to last) for more than 24 Hours, You may end the Contract as described below.
6. We may suspend provision of the Paid Content as follows if We do not receive payment on time from You. We will inform You of the non-payment on the due date, however if You do not make payment within 24 Hours of Our notice, We may suspend provision of the Paid Content until We have received all outstanding sums due from You. If We do suspend provision of the Paid Content, We will inform You of the suspension. You will not be charged for any Paid Content while provision is suspended.
7. Any refunds under this Clause will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
8. Refunds under this Clause will be made using the same payment method that You used when purchasing Your Subscription.
10. Licence
1. When You purchase a Subscription to access Paid Content, We will grant You a limited, non-exclusive, non-transferable, non-sublicensable licence for You to access, participate in and use the relevant Paid Content for Your personal, non-commercial purposes. The licence granted does not give You any rights in Our Paid Content (including any material that We may licence from third parties).
2. The licence granted under sub-Clause 5.1 is subject to the following usage restrictions and/or permissions:
1. You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Paid Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’);
2. When You use a two-way livestream facility to access a Paid Content item or event You must not communicate or make accessible to any other person (who also accesses or participates in it as one of Our customers) anything (by voice, text, image or otherwise) except for a query about or contribution to that item or event which is proper having regard to the content of it.
3. Content that is provided for continuous use is the property of the course provider and is subject to sub-Clause 10.2.1 including non-permission to amend in any way.
11. Problems with the Paid Content
1. We undertake to provide Paid Content that is of satisfactory quality, fit for purpose, and as described, and to use reasonable care and skill. If any Paid Content available through Your Subscription does not comply or We do not so act, please contact Us as soon as reasonably possible to inform Us of the problem. Your available remedies will be as follows:
1. If the Paid Content has faults, You will be entitled to a repair or a replacement.
2. If We cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to You, You may be entitled to a full or partial refund.
3. If You can demonstrate that the fault has damaged Your device or other content belonging to You because We have not used reasonable care and skill, You may be entitled to a repair or compensation.
2. Please note that We will not be liable under this Clause if We informed You of the fault(s) or other problems with particular Paid Content before You accessed it and it is that same issue that has now caused the problem (for example, if the Paid Content in question is an alpha or beta version and We have warned You that it may contain faults that could harm Your device or other content), if You have purchased the Paid Content for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Paid Content for that purpose; or if the problem is the result of misuse or intentional or careless damage.
3. If there is a problem with any Paid Content, please contact Us at info@ohengroup.eu or visit the contact page on Our Site to inform Us of the problem.
4. Refunds (whether full or partial, including reductions in price) under this Clause will be issued within 14 calendar days of the day on which We agree that You are entitled to the refund.
5. Refunds under this Clause will be made using the same payment method that You used when purchasing Your Subscription.
6. For further information on Your rights as a consumer, please contact Your local Citizens’ Advice Bureau or Trading Standards Office.
12. Cancelling Your Subscription
1. If You are a Consumer, by default You have a legal right to a “cooling-off” period within which You can cancel the Contract for any reason, including if You have changed Your mind, and receive a refund. The period begins once We have sent You Your Subscription Confirmation (i.e. when the Contract between You and Us is formed) and ends when You access (e.g. download or stream) any Paid Content, or 14 calendar days after the date of Our Subscription Confirmation, whichever occurs first.
2. After the cooling-off period, You may cancel Your Subscription at any time. However, subject to sub-Clause 7.3 and Clause 8, We cannot offer any refunds and You will continue to have access to the Paid Content for the remainder of Your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
3. If You purchase a Subscription by mistake (or allow Your Subscription to renew by mistake), please inform Us as soon as possible and do not attempt to access any Paid Content. Provided You have not accessed any Paid Content since the start date (or renewal date, as appropriate) of the Subscription We will be able to cancel the Subscription and issue a full refund. If You have accessed any Paid Content once the Subscription has started, We will not be able to offer any refund and You will continue to have access to the Paid Content for the remainder of the Subscription (up until the renewal or expiry date, as applicable).
4. If You wish to exercise Your right to cancel under this Clause, You may inform Us of Your cancellation by email or by post is effective from the date on which You send Us Your message. To cancel, please use the following details:
1. Email: info@ohengroup.eu;
2. Post: 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany;
in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.
5. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
6. Refunds under this Clause will be issued to You as soon as possible, and in any event within 14 calendar days of the day on which You inform Us that You wish to cancel.
7. Refunds under this Clause will be made using the same payment method that You used when purchasing Your Subscription.
13. Your Other Rights to End the Contract
1. You may end the Contract at any time if We have informed You of a forthcoming change to Your Subscription or the Paid Content, or to these Terms of Sale that You do not agree to. If the change is set to take effect or apply to You before the end of Your current Subscription, We will issue You with a partial refund. If the change will not take effect or apply to You until the expiry of Your current Subscription, the Contract will end at the end of that Subscription period and You will continue to have access to the Paid Content until that date.
2. If We have suspended availability of the Paid Content for more than 24 Hours, or We have informed You that We are going to suspend availability for more than 24 Hours, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a partial refund.
3. If there is a risk that availability of the Paid Content will be significantly delayed because of events outside of Our control, You may end the Contract immediately. If You end the Contract for this reason, We will issue You with a full refund.
4. If We inform You of an error in the price or description of Your Subscription or the Paid Content and You wish to end the Contract as a result, You may end it immediately. If You end the Contract for this reason, We will issue You with a refund.
5. You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
6. Refunds under this Clause will be made within 14 calendar days of the date on which Your cancellation becomes effective, using the same payment method that You used when purchasing Your Subscription.
7. If You wish to exercise Your right to cancel under this Clause 13, You may do so by contact Us directly to cancel, please use the following details:
1. Email: info@ohengroup.eu;
2. Post: 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany;
in each case, providing Us with Your name, address, email address, telephone number and Subscription ID.
8. We may ask You why You have chosen to cancel and may use any answers You provide to improve Our content and services, however please note that You are under no obligation to provide any details if You do not wish to.
14. Our Liability to Consumers
1. We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
2. Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Paid Content is fit for commercial, business or industrial use of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
3. If, as a result of Our failure to exercise reasonable care and skill, any content (including but not limited to Paid Content) from Our Site damages Your device or other content belonging to You, We will either repair the damage or pay You appropriate compensation. Please note that We will not be liable under this provision if:
1. We have informed You of the problem and provided a free update designed to fix it, but You have not applied the update; or
2. The damage has been caused by Your own failure to follow Our instructions; or
3. Your device does not meet any relevant minimum system requirements that We have made You aware of before You purchased Your Subscription.
4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation, or for Paid Content which is not as described, does not match information that We provided, not of satisfactory quality, or is not fit for any purpose made known to Us.
5. Nothing in these Terms of Sale seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
6. We will not be responsible or liable if You are unable to access any Paid Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control (including but not limited to a cause of that type specifically referred to in the Attachment).
15. Complaints and Feedback
1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
2. All complaints are handled in accordance with Our complaints handling policy and procedure.
3. If You wish to complain about any aspect of Your dealings with Us, please contact Us in one of the following ways:
1. In writing, addressed to Ohen Group, 377732 Oder Haus, Gewerbepark-Meyenburg 1, Schwedt, Brandenburg, 16303, Germany;
2. By email, at info@ohengroup.eu;
16. How We Use Your Personal Information (Data Protection)
We will only use Your personal data as set out in Our Privacy Policy available from ohengroup.eu.
17. Other Important Terms
1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms of Sale (and the Contract) will not be affected and Our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.
2. You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract) without Our express written permission.
3. The Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
4. If a court or other authority finds that any part(s) of these Terms of Sale are unlawful, the remaining parts will remain in full force and effect.
5. If We fail to take steps or delay in taking steps to enforce any of Our rights against You under these Terms of Sale, that will not prevent Us doing so at a later date, for example Our right to require You to make any payment which has become payable under the Contract.
6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to Your Subscription, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.
18. Law and Jurisdiction
1. These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of the country which you have subscribed from.
2. As a Consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 18.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
3. As a Consumer, any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of as determined by Your residency.
Attachment
1. Use of the virtual learning platform to access tuition, instruction, teaching, coaching, training or mentoring (“the Content”) online
We offer the Content online.
We use technology which allows Us to provide the Content provided that You have the appropriate technology (see below) to receive the Content. For this purpose, We use our virtual learning platform.
Where We are to make any of the Content available for You by means of books or disability resources rather than any other platform, it will be on the following basis.
2. The technology that We will be responsible for providing
We will provide our courses in book format which will be chargeable to you at an additional cost. Courier fees will be included in this cost.
To receive or participate in any of the Content via the virtual learning platform, You will need to join an online session which is within the scope of Your Subscription. You will not need to pay any fee or charge to use the platform facility or join that session: You will only need to pay for the Content made available by Your Subscription.
We do not provide any PC, laptop, tablet, mobile phone or other hardware (“Device”) or any App or other software for use on or with any Devices, nor any internet connection or service or other equipment or facilities necessary to enable You to use the virtual learning platform. Our mobile App is optional to access content.
3. The technology and other items that You will be responsible for providing
It will be Your sole responsibility to ensure that You have access to, and familiarity with all necessary technology so that You can receive and participate in the Content via the virtual learning platform.
You will need to ensure that You have access to and use the following non-exhaustive list of facilities for this purpose:
1. An appropriate functioning Device which is adequately charged;
2. An up to date internet browser. It will need to be installed and working fully and correctly on Your Device, so that You can receive the Content;
3. Stable, reliable, internet access with adequate speed;
4. A safe location with a suitable quiet and comfortable environment in which to watch, listen, speak where appropriate, make notes, and otherwise to participate as necessary, without the presence of any other person to distract You or the Tutor;
5. Where the Device on its own does not provide an adequate microphone and/or loudspeakers for the purpose, external microphone and/or speakers as reasonably necessary; and
6. Exercise/note books, pens, pencils, and any books, materials or equipment that You will need, as advised by Us before You place Your order for a Subscription.
We do not supply or make available other App platforms that we suggest that You use to access any Paid Content. We are not a party to Your download and use of these platforms, and We will have no responsibility or liability to You in relation to it in any respect. It will be subject to and governed by such terms and conditions and privacy policy of the respective platforms as the third party provider of the platform to You imposes on such download and use.
To receive or participate in any of the further resources or recommended Content via the virtual learning platform, You will need to join an online session which is not within the scope of Your Subscription. You will need to pay any fee or charge to use the platform facility or join that session. Participation in these areas are not mandatory but only for further development beyond the scope of the Subscription.
Paid Content consisting of Background Items is not provided via the virtual learning platform platform but is instead downloadable directly from Our Site.
4. Scope of what We make available to access
We do not, and cannot, assist You to obtain, set up, maintain, or operate any technology. If You need any assistance or advice about technology, You should seek it from an appropriate third party. We do not, and cannot, give You any advice about what technology is needed or how to use it.
We do not claim to have any expertise or skill in relation to any technology that You need or use for the purpose of receiving the Content. However, We may, if You request it, either before or during any session of the Content, and without charge, offer suggestions in good faith to resolve any problem with that technology that You report, but it will not be in the nature of advice to You. We do not therefore take on any responsibility or accept any liability to You if any such suggestion does not help You to resolve any problem or if by following any such suggestion You experience any other problem, loss or damage to any technology or other thing.
We will not be responsible or liable to You if You are unable to access any of the Content due to any failure or delay in performing Our obligations under the Contract resulting from any cause beyond Our reasonable control. In any such case, You will remain liable to pay for the Content that We have made available for You. Such causes beyond Our reasonable control may include (but are not limited to):
1. Where You are unable to resolve any technology problem (whether or not You have asked Us for or We have offered any suggestions as to how to resolve the problem); or
2. Any slow speed, instability, temporary or other breakdown, unavailability or inadequacy of, or defect in, Your internet service or any other equipment or service (e.g. telecommunications, computing, audio or visual) that You use or rely on; or
3. Failure of or defect in the virtual learning platform used by Us or You to make the Content available to You; or
4. Your inability to access the Content due to failure of or defects in Our Site etc.
5. Account setup needed
In order to purchase any Subscription and enable You to receive any Content, You will first need to setup and then maintain an Account with Us. Our Site will guide You through the process of setting up an Account. Please also note the following in regard to Account setup.
You may not create an Account if You are under 18 years of age.
We offer Paid Content for use worldwide.
During the process of setting up an Account, You will be required to choose a password and user name. We recommend that You choose a strong password for Your Account.
You may be asked for additional information regarding Your Account, such as Your e-mail address.
6. Your responsibility for Your Account and its security
You must not share Your Account or Your Account details with anyone. If You believe that Your Account is being used without Your permission, please contact Us immediately. We will not be liable for any unauthorised use of Your Account.
You are fully responsible for maintaining the confidentiality of Your password and account information and for all activities that occur under Your password or Account. You must ensure that You log out from Your Account at the end of each session accessed by You. You must immediately notify Us of any unauthorised use of Your password or Account or any other breach of security relating to Your Account.
You must never use anyone else’s Account without prior authorization from Us for the specific occasion in question. We reserve the right to cancel your Subscription and revoke any certificates provided.
When creating an Account, the information You provide must be accurate and complete. If any of Your information changes at a later date, it is Your responsibility to ensure that Your Account is kept up-to-date.
If You have an active Subscription, Your Account will remain active for the duration of the period of that Subscription or, if later, until the end of the latest access period granted to any Instruction by the Subscription.
If You wish to close and delete Your Account, You may do so by contacting us via email at info@ohengroup.eu.
7. Your privacy and security on each occasion when Content is accessed
Where any session that You access is two-way synchronous livestream audio and/or video technology (not a pre-recorded one-way transmission), on the occasion You accessing it, it will also be made simultaneously accessible to all others who have purchased it and choose to access it unless We specify that it is to be made available on that occasion only to You as an individual private session.
Therefore, unless We specify that a particular two-way session is only accessible to You, the following will apply to such a session:
1. When You sign in to the recommended App, You should indicate Your first name only since Your name will be visible to Our other customers taking part;
2. You understand and are aware that there is a risk that other customers and other people may see and hear (via the video and/or audio facilities of the virtual learning platform App and Your Device) not only You but also Your space and its surroundings and other people in or near that space and its surroundings when You are participating in the session;
3. The space that You use should be free of others and it should be difficult to see or hear via the App and Your Device any interactions between people who are in or near that space and its surroundings. For example, You might decide to use a private room and/or wear headphones;
4. There are potential risks in transmitting information over technology that include, but are not limited to, breaches of confidentiality and the theft of personal information;
5. We cannot ensure privacy or confidentiality due to the nature of two-way sessions involving Our other customers as well as You;
6. In any event, it will be Your responsibility to ensure that You have a suitable space to use when participating in any two-way session in order to protect Your privacy and that of others in or near that space.
We will not be liable to You for any loss or damage arising from Your failure to comply with the above requirements.
8. Health and Safety
You acknowledge and agree that:
1. When You purchase a Subscription,
1You must tell Us of any special requirement, problem or condition of which You are aware which might be relevant to You participating in that session. We will [discuss with You any such matter that You tell Us, and] inform You if We decide not to accept Your order for a Subscription because of the particular requirement, problem or condition in question. If We do accept Your order, You must act in accordance with any instructions provided by Us relating to the matter; and
2. Due to the remote nature of online sessions, We do not undertake to and cannot supervise, attend, assist or advise (or arrange for or alert any third party to do so), if during a session You fall ill, have an accident or experience any other problem.
9. Tutors, facilitators and other trainers
Please note that:
1. We will in Our discretion decide which Tutor to assign to each session. Where a Subscription comprises more than one session, We
will ensure as far as we reasonably able to do so, that We assign the same Tutor to those sessions, and will in any event try to minimize changes of Tutor from one session to the next in relation to each Subscription.
2. In any event, the Tutor who We assign to any session will be appropriately qualified and/or experienced at the appropriate level for that session and will be competent to conduct that session.
3. Details of actual or minimum qualifications or experience of the Tutors who We may or will assign to any session will be available to see on our Site. Where We are able to and consider it appropriate or helpful to our customers to do so, We include on our Site brief details of Our Tutors current and former relevant roles with other organisations.
4. If before You purchase any Subscription, You request Us to provide You with references for the Tutors who We may or will assign to present the sessions comprised in that Subscription, We will provide You with at least one professional reference as to their knowledge of, and ability and experience of the subject and evidence of their qualifications.
10. Scope of Our Content
Content offered: We offer tuition in ozone therapy, therapy, business, life skills.
Period of sessions: Where a session is a live two-way interactive session, We will provide individual tuition for You for a period of 60 minutes (or any other period that We agree with You when You purchase a Subscription).
Trial session: Where You have not previously received any live two-way interactive tuition from Us for the relevant subject, We may agree to provide a single live two-way interactive session as a trial for a period of up to 15 minutes so that You can decide whether to continue with further sessions with Us in that subject.
Your Progress: Whilst We will use Our reasonable endeavours to ensure that You make satisfactory progress, results will be different for each individual depending on various factors, including, without limitation, number and frequency of sessions, whether they are interactive rather than one-way recorded sessions, any preparation or other tasks or work done or activity engaged in by You set or suggested by the Tutor, and Your aptitude.
Satisfactory progress cannot be guaranteed, and We make no warranty or representation that any particular progress or result will be brought about (including, where relevant, passing any examination) as a result of You taking part in or viewing any session(s).
Attendance: If You are not available for a session for any reason it is solely Your responsibility to ensure that You make up for that missed session by purchasing an additional session if necessary.
Punctuality: We expect You to be ready for a session at least 5 minutes before the scheduled start time of the session to ensure that You are ready to start on time.
Course or other equipment, items materials etc.: We may make suggestions as to any equipment, textbooks, videos or other materials or items that You should read, view, purchase or otherwise acquire where We think it is necessary or helpful for You to have a copy to use during or outside sessions but We cannot provide such materials or items for You.
Practise/Homework/Tasks/Assignments: We may give You at the end of a session an assignment or tasks to carry out, and You should complete it/them prior to Your next session.
Our commitment, amount of tuition needed: We agree to teach You at the agreed times and days. It is not possible to determine at the outset how much tuition You will require. Where We decide that We are able to do so, We may recommend to You, as and when appropriate, when We consider that You are ready for any relevant examination. We may recommend additional opportunities to help with Your study such as relevant workshops run by third parties where We are aware of such opportunities.
11. Your Commitment
Preparation for each session: You should attend each session prepared by completing any assignment, work, tasks set for You at the previous session. Adequate preparation for sessions is more likely to result in satisfactory progress. If you require guidance with an assignment or tasks between sessions, We are usually]contactable by email/phone and [may be] able to provide some help remotely.
Records: You should provide and maintain a tuition diary in which You can make notes, setting out any information useful or necessary to You when studying, practising or carrying out any task or assignment or to prepare for an examination.
12. Provision of items by You
We are not responsible for obtaining or providing any equipment, materials items for You but We may recommend to You equipment, materials or items that You will or might need, and You should adopt any recommendation that We make to You as to equipment, materials or items that You should obtain/use.