1.1 In these Terms and Conditions of Business (save where the context otherwise requires) the following expressions shall have the following meanings :-
“Us”, ”We”, “Our” means Simple Education ( run and owned by Medsolve PTE, private company registered with ACRA (201803653E)
“You” or “Your” means the person(s) placing any order for services or goods via Our Website
“Terms” means these Terms and Conditions of Business governing the sale and provision by Us and the purchase by You of the services offered by Us
“Fees” or “Costs” means the costs of the services or products to be supplied by Us to You in accordance with these Terms
1.2 Words importing the singular number only shall include the plural number and vice versa and where a party consists of more than one person obligations and agreements of that party shall take effect as joint and several obligations and agreements.
The clause headings in these Terms are for ease of reference only and shall not be taken into account in the construction or interpretation of the clauses to which they refer
Words importing the neuter shall include the masculine and feminine and words denoting natural persons shall include corporations and firms and all such words shall be construed interchangeably in that manner.
Words denoting an obligation on a party to do any act matter or thing shall include an obligation to procure that it be done and words placing a party under a restriction shall include an obligation not to permit or allow infringement of such restriction.
These Terms supersede any prior agreement (oral or in writing) between You and Us and You acknowledge that these Terms contain the whole agreement between You and Us and that You have not relied upon any oral or written representations made by Us or Our employees or agents.
Any personal information submitted in connection with Your use of this Site is subject to Our Privacy Policy, located within Our Site and which You hereby acknowledge and accept by virtue of Your agreement to Our Terms.
If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Any provision of these Terms may be waived but only by a written deed executed by the party entitled to the benefit of such provision. The failure by Us to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Any notice or other communication to be given hereunder will be by electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
These Terms shall be governed by the laws of England and You and Us both submit any dispute arising hereunder to the exclusive jurisdiction of the English Courts.
2.1 Our Site enables You to connect, download and or view live or recorded instruction, seminars tutoring and surgery via Our online services (the "Courses"). Everyone who registers, logs in and uses our Site generally are, collectively, "Users." The Services provided by US include, but are not limited to, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
2.2 We reserve the right to amend Our Terms at any time by updating these Terms on our Website. We shall have no obligation to specifically contact You following any change to notify you. All changes become binding on You 14 days after they first appear on Our Site. Your continued use of this Site following any amendments to our Terms means that You have accepted those changes. It is Your responsibility to ensure that each and every time You login to Our Site and order any services you have ensured that You are aware of the latest edition of Our Terms as your continued use of Our site will be deemed subject to them. For the avoidance of doubt, any dispute between You and Us shall be determined in accordance with the relevant edition of Our Terms that applied as at the date you used Our Site to benefit from Our services.
2.3 We reserve the right to withdraw or discontinue any content or services previously available on Our site at any time. In the event of a service paid for by You not being available any longer but not having been viewed by You, We will provide you with a credit note for the appropriate sum for Your future exchange for services available on Our Site
2.4 All fees and costs associated with Your access to and use of our Site plus all telephone, computer hardware, and other equipment required for such access and use.
2.5 If You login to Our Site and accept or agree to purchaser services that involve payment of a fee, then You agree to pay, and will be responsible for payment of that fee prior. If You provide credit card information to pay for fees due to Us then You hereby and warrant that You are authorised to supply such information and irrevocably authorise Us to charge Your credit card on each and every occasion as Costs are due.
2.6 If Your payment method is rejected or fails or Your account falls overdue, We reserve the right to seek recovery of all monies owed by you by such legal recovery means as we consider reasonable. This may result in you incurring additional costs with us as a result of us engaging collection or recovery agents and or legal representation. We retain sole discretion where our chosen means of recovery is concerned. We may also restrict Your future access to Our Site pending resolution of any amounts owed by You to Us.
2.7 Where personal information or data is requested of You prior to Your use of Our site, You must not provide incorrect or knowingly false information; copy, distribute, modify, hack or in any way interfere with the services provided by Our Site, content embed within Our Site or make any attempts to impersonate another user or gain unauthorized access to another user’s account or introduce anything whether code, file, program or otherwise that is intended to or has the reasonable probability of damage or harm to our site or is likely to have any adverse effect on Our Site’s general functionality
3.1 The Site is intended to be a platform for users. We do not employ any parties to provide content to Our Site nor can we be held responsible or liable for any exchange in communication between users or disputes between third parties using Our Site. You cannot hold Us responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of Your use of Our Site including, but not limited to, any reliance on any content sourced from Our Site.
3.2 We do not control Submitted Content (as defined below) posted on the Site and, as such, do not provide any assurances where its validity, reliability or accuracy is concerned. We also take no responsibility nor accept any liability for any offence taken by you to any content you are exposed to using Your use of Our site. We have no responsibility nor owe You any duty of care to keep such content from You and your continued use of Our site should at all times be at your own risk
3.3 Our Site may from time to time provide you with hyperlinks to third-party Websites ("Third Party Sites"), either directly or through content available to download. We have no connection with these Third Party Sites nor endorse anything contained on those Third Party Sites nor have any input or control over them or their sites in any way. We accept no liability whatsoever for any loss to you arising form your access of Third Party Sites.
3.4 All products, site, Our Content, Submitted Content, courses, and any other materials made available on or through Our site or the products are provided without any warranties of any kind and, to the fullest extent permissible under applicable English law, We disclaim all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
4.1 If You are a User in search of or participating in our content, the following additional terms and conditions apply and Your use of our site shall be deemed your acceptance to the following:
You have read, understood, and agree to be bound by the fee tariff disclosed on the site before using the same or placing any order;
You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. This site is not appropriate for Users under the age of 14.
You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site;
You will not post any offensive, racist, hateful, sexist, pornographic, inaccurate, deliberately misleading, defamatory or libelous content;
You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, or recreate works from content first obtained from Our Site save where permitted by Our Terms;
5.1 To use Our Site, You will firstly need to register with Us and obtain a personal account which will come with its own unique username and password. When You register, the information You submit to us during that initial registration process will assist us in ensuring your use of Our site and Your experience of it is as good as possible. It is your responsibility for ensuring the continued confidentiality of Your account, username, and password (together know as Your "Account") and for all activities and orders placed through Your Account. You hereby warrant that Your Account information will at all times be accurate where your personal information is concerned. You must notify us immediately you become aware or have any suspicion that there has been any unauthorised access to or use generally of Your Account or any other breach of security.
5.2 To the extent permissible under applicable English law, we shall be held responsible for any loss or damage to You arising from Your failure to comply with any recommendations where Your use and monitoring of Your Account is concerned or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorised access to Your Account.
5.3 You may not transfer Your Account to any other person and You may not use anyone else's Account at any time.
6.1 All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof shall for the purposes of these Terms be deemed "Content."
6.2 If We provide Content to You in connection with any service available through Our Site, including but not limited to any Software and the services, this shall be considered at all times as "Our Content." Content uploaded, transmitted or posted to the Site by you is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, to the extent permissible, to all relevant UK intellectual property laws. You warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights envisaged by these Terms to Us with respect to Your Submitted Content and We do not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorised in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorised in these Terms.
6.3 Your registration with Us automatically grants Us the non-exclusive right and license to reproduce, distribute, offer, market and in any other way necessary use and exploit Your Submitted Content on the Site. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights 21 days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
6.4 The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
6.5 You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promotional or operating purposes. You hereby grant Us permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
6.6 We respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate breach of such laws. Notwithstanding the foregoing, the company does not screen the submitted content and all use of the submitted content by you is at your own risk and the company shall have no liability for such use. In particular, no review or posting or appearance of the submitted content on the site or through the site is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful.
6.7 If You believe that Submitted Content of Yours infringes or breaches any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to Us.
6.8 All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
All paid for content on the site and app is priced in accordance and agreement between the content provider and Simple Education, therefore pricing will vary between individual content items or collections of content. On purchase of content on the Simple Education website you will be directed to the Stripe payment application where your payment can be taken. If purchasing via the Simple Education App, this will utilise the in App payment solution provided by the Apple App Store. When the Sale Currency is different than the Base Currency, the Company will determine the Sale Price according to the most recent Base Exchange Rate and applicable Cost Adjustment Factor
8.1 If you purchase a Course or content but do not view the same and notify Us within 28 days that an incorrect purchase has been made we will provide you with a credit note for that fee which can be exchanged on any further service or product available through our Site. To request a refund, please contact us via the website. We reserve the right to retain full payment for any course purchased and downloaded whether or not you have subsequently viewed the same.
9.1 To the fullest extent permissible under applicable English law we shall not be liable to you under any law of contract, tort or negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to these terms. Notwithstanding any established liability our total liability shall at all times be limited to the amounts paid in connection with the purchase or order under which such liability arose. This section 11 does not exclude or limit our liability for fraud, for death, or for personal injury resulting from negligence, or from any other liability that cannot be limited or excluded by law.
9.2 You hereby indemnify, defend and hold harmless Us, Our affiliates, officers, directors, agents, partners, employees, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable legal fees and properly incurred associated costs and disbursements, due to or arising out of Your breach of any representation or warranty under these Terms.
We may terminate Your use of the services and/or Our Site immediately without notice for any breach by You of these Terms or any of Our policies disclosed elsewhere on the Site from time to time. We may discontinue offering any product, service, or Content at any time. You may terminate Your use of the Site or the services at any time, either by ceasing to access them, or by contacting us at [] Upon termination, You must cease all use of the Site, products and content. Any accrued rights to payment and Sections 6 and 11 and all representations and warranties shall survive termination.
By using Our Site or communicating generally with Us, You agree that We may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the services or these Terms. If it is brought to our attention that there is any security breach, We may attempt to notify You electronically by posting a notice on the Site or sending an email to You.