Terms & conditions

EUKLEIA GENERAL TERMS AND CONDITIONS OF PURCHASE ONLINE (V.2017.1) [Last updated 11/10/17]

  1. Subject to these Terms and Conditions and in consideration of payment of the applicable licence fee, online access to the purchased course(s) is licenced to you (“Client”) by EUKLEIA TRAINING LIMITED, a company incorporated in England & Wales (company registration number 05312722), having its registered office at 52 Old Steine, Brighton, BN1 1NH, United Kingdom, and whose principal place of business is at 5/F Sherborne House, 119-122 Cannon Street, London EC4N 5AT, United Kingdom (“Eukleia”). Eukleia is the supplier and owner of the course(s) made available through this website to Client in accordance with these Terms and Conditions. Unless otherwise stated, each of the Terms and Conditions set out here apply to all Clients.
  2. Eukleia or one of its affiliates hosts the website through which the course(s) licensed hereunder is (are) provided to Client. Eukleia’s corporate website is at www.eukleia.com. Eukleia’s phone number is +44 (0)20 7220 4050.
  3. The licence fee is quoted in British pounds sterling (GBP) or in US Dollars (USD). The course(s) shall be delivered to Client by Client clicking on the URL for the Eukleia LMS and logging using the login details, which shall be sent by email to Client immediately upon the completion of the purchasing process.
  4. Subject to receipt of payment by us in accordance with these Terms and Conditions, Client shall have up to 365 days from completion of the purchasing process to launch and complete the licenced course(s), after which Client’s ability to launch and complete the course(s) shall expire forthwith.
  5. Client agrees to pay the licence fee set out in the order to Eukleia. The quoted licence fee is exclusive of any applicable sales taxes, VAT or other duties, which, where applicable, shall be added to the licence fee and paid by the Client.
  6. Except as set out in these Terms and Conditions, the licence fees are non-refundable.
  7. Payment of the licence fee must be made in full via credit card upon placing the order or within 30 days of receiving a valid invoice, as indicated by the Client as part of the purchasing process. Eukleia reserves the right to delay access to the licenced course(s) until payment in full is received if the Client has elected to pay by invoice. In the event that access is provided prior to receipt of payment, Eukleia also reserves the right to charge the Client interest in respect of the late payment of any sum due under these Terms and Conditions (as well after as before judgment) at the rate of 2% per cent per annum above the base rate from time to time of Barclays Bank plc from the due date until payment.
  8. Payment by Credit Card / Debit Card:
    i.) Credit/debit card payments are made through a secure payment system. A confirmation email will be sent to the Client setting out the delivery terms for the course(s) purchased.
    ii.) An order registration will be sent to the email address provided by Client during the purchasing process and will set out the order reference, the course(s) licenced, the licence fee, and if applicable, the taxes and VAT payable.
    iii.) Once Eukleia has received payment, a confirmation email will be sent to the Client’s email address. This will set out the order reference, details of how to contact us and how to access support and technical help, Client’s user id and password, confirmation of activation and stating the licence period.
  9. Payment by invoice:
    i.) Payment by invoice will be provided as an option to the Client if the Client wishes to purchase at least 10 individual licences for any course or courses in a single transaction.
    ii.) An invoice will be sent to the billing address given by Client during the purchasing process.
    iii.) An order registration will be sent to the email address provided by Client during the purchasing process and will set out the order reference, the course(s) licenced, the licence fee, and if applicable, the taxes and VAT payable.
    iv.) Once Eukleia has received payment, a confirmation email will be sent to the email address provided by the Client during the purchasing process. This will set out the order reference, details of how to contact us and how to access support and technical help, Client’s user id and password, confirmation of activation and stating the Licence Period.
  10. Cancellation and Refunds:
    i.) Where the Client is a consumer (ie an individual purchasing goods or services for his personal use): Client will be entitled to receive a refund if Client cancels his order within 14 days and has purchased a licence for a course but has not yet activated it by entering the user name and password as supplied. Once Client (or anyone acting on his behalf) has entered the user name and password and activated the licence, the services are deemed to have been provided and no cancellation or refund will be permitted. Client will also be entitled to cancel his order and receive a refund if what the Client has bought is misdescribed and Client notifies Eukleia of this within 48 business hours of first login. Client is further entitled to cancel the order and receive a refund (in whole or in part) if the licensed course(s) or part of them is faulty and Eukleia is unable to fix this within a reasonable time (and in any event within 30 days) of receiving written notice from Client during the licence period.
    ii.) Where the Client is a business customer: Client will be entitled to receive a refund if Client cancels his order within 7 days and has purchased a licence for a course but has not yet activated it by entering the user name and password as supplied. Once Client (or anyone acting on his behalf) has entered the user name and password and activated the licence, the services are deemed to have been provided and no cancellation or refund will be permitted. Client is further entitled to cancel the order and receive a refund (in whole or in part) if the licensed course(s) or part of them is faulty and Eukleia is unable to fix this within a reasonable time (and in any event within 30 days) of receiving written notice from Client during the licence period.
    iii.) All requests for refunds must be made either: 1. by email to info@eukleia.com stating “refund application” in the subject line and quoting the Client order number or; 2. in writing by quoting the Client order number to Finance Department, Eukleia Training, Sherborne House,119-121 Cannon Street, London, EC4N 5AT, United Kingdom.
    iv.) Where Client cancels an order in accordance with these Terms and Conditions, Eukleia will refund to Client any applicable sums within 30 days of receipt of Client’s cancellation.
  11. Intellectual Property Rights and Disclaimer
    i.) WHERE THE CLIENT IS A CONSUMER (AS DEFINED IN CONDITION 10(i) ABOVE): THE PURCHASED COURSE(S) IS(ARE) COPYRIGHTED BY EUKLEIA. EUKLEIA MAKES NO WARRANTY THAT THE SERVICES OR COURSEWARE WILL BE PROVIDED ON AN UNINTERRUPTED OR ERROR FREE BASIS. IF EUKLEIA FAILS TO COMPLY WITH THESE TERMS AND CONDITIONS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF EUKLEIA BREAKING THESE TERMS AND CONDITIONS (SUBJECT TO THE LIMIT IN CONDITION 12, EXCEPT WHERE CONDITION 12i) APPLIES), BUT WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH EUKLEIA AND CLIENT KNEW IT MIGHT HAPPEN, FOR EXAMPLE, IF CLIENT DISCUSSED IT WITH EUKLEIA DURING THE SALES PROCESS.
    ii.) WHERE THE CLIENT IS A BUSINESS CUSTOMER: THE PURCHASED COURSE(S) IS(ARE) COPYRIGHTED BY EUKLEIA AND IS(ARE) MADE AVAILABLE TO CLIENT BY EUKLEIA WITHOUT ANY WARRANTIES WHATSOEVER (WHETHER EXPRESS OR IMPLIED), INCLUDING (WITHOUT LIMITATION) WARRANTIES OR CONDITIONS RELATING TO SATISFACTORY QUALITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EUKLEIA WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE CLIENT FOR ANY LOSS OR DAMAGE ARISING FROM ANY ACT OR COMMISSION RELATING TO THIS PURCHASE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE. EUKLEIA MAKES NO WARRANTY THAT THE SERVICES OR COURSEWARE WILL BE PROVIDED ON AN UNINTERRUPTED OR ERROR FREE BASIS.
  12. Liability
    i.) WHERE THE CLIENT IS A CONSUMER (AS DEFINED IN CONDITION 10(i)): EUKLEIA DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO CLIENT WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; FOR BREACH OF CLIENT’S LEGAL RIGHTS IN RELATION TO THE COURSE(S) INCLUDING THAT THE COURSE(S) ARE OF SATISFACTORY QUALITY AND FIT FOR ANY PARTICULAR PURPOSES MADE KNOWN TO EUKLEIA (BUT IN RESPECT OF WHICH CLIENT’S ATTENTION IS DRAWN TO THE PROVISIONS OF CONDITION 15).
    ii.) WHERE THE CLIENT IS A BUSINESS CUSTOMER: EUKLEIA DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO CLIENT WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION. iii.) SUBJECT TO CONDITIONS 12.1 AND 12.2, IN NO EVENT SHALL EUKLEIA’S LIABILITY UNDER THIS LICENCE AGREEMENT EXCEED THE TOTAL LICENCE FEES PAID TO EUKLEIA BY THE CLIENT HEREUNDER IN ANY 12 MONTH PERIOD OF THE CONTRACT.
  13. The Client shall be licensed to display the licensed course(s) via this website during the licence period for (per course purchased) single user educational purposes only.
  14. Client shall not:
    i.) download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, distribute or use the course(s) purchased hereunder other than as stated below;
    ii.) sub-licence, rent, lease, transfer or attempt to assign the rights in the course(s) purchased hereunder to any other person;
    iii.) alter or remove any copyright notices or other notices indicating the proprietary ownership by Eukleia or any third party of any intellectual property rights in the course(s) purchased hereunder;
    iv.) at any time do or permit to be done anything which shall adversely affect Eukleia’s right, title or interest in the course(s) purchased hereunder; and/or
    v.) reproduce, modify, or in any way use or commercially exploit any of the course(s) purchased hereunder except as expressly permitted by Eukleia.
  15. THE COURSE(S) PURCHASED HEREUNDER IS/ARE FOR EDUCATIONAL PURPOSES ONLY. IT IS (THEY ARE) INTENDED AS A GUIDE AND DOES (DO) NOT ACT AS A SUBSTITUTE FOR READING THE PRIMARY LEGISLATION OR REGULATORY OR OTHER PUBLICATIONS. THE COURSE(S) PURCHASED HEREUNDER DO(ES) EXPLICITLY NOT CONSTITUTE, NOR DISPLACE THE NEED FOR, LEGAL ADVICE. IT IS THEREFORE THE CLIENT’S RESPONSIBILITY TO CHECK THAT THE COURSE(S) PURCHASED HEREUNDER MEETS HIS PARTICULAR REQUIREMENTS AND SEEK APPROPRIATE PROFESSIONAL ADVICE AS DEEMED NEEDED.
  16. The Client will indemnify Eukleia against all loss and damage sustained by Eukleia as a result of or in connection with any breach by the Client of Eukleia’s or its licensors’ Intellectual Property Rights.
  17. EUKLEIA IS NOT AUTHORISED TO CONDUCT REGULATED ACTIVITIES IN THE UNITED KINGDOM OR ANY OTHER JURISDICTIONS. THE CLIENT AGREES THAT IT WILL NOT USE THE COURSE(S) PURCHASED HEREUNDER IN SUCH A WAY THAT EITHER OF THE PARTIES WILL BE CONDUCTING UNAUTHORISED REGULATED ACTIVITIES OR OTHERWISE ACT IN CONTRAVENTION OF ANY OF THE PROVISIONS OF THE FINANCIAL SERVICES AND MARKETS ACT 2000 (AS AMENDED OR SUPERSEDED FROM TIME TO TIME).
  18. Although the website may be accessible globally, those who choose to access this website from locations outside of the United Kingdom do so at their own initiative and risk and shall be responsible for compliance with local laws and regulations.
  19. In case of Client’s breach of these Terms and Conditions, Eukleia reserves the right, without any liability on its side, to suspend Client’s access to the course(s) licensed hereunder and/or terminate this Agreement.
  20. This purchase shall be subject to the laws of England and Wales, and both parties submit to the non-exclusive jurisdiction of the English courts.
  21. WHERE CLIENT HAS QUESTIONS REGARDING ANY ASPECTS OF THIS WEBSITE/SERVICE, INCLUDING ANY SUPPORT ISSUES, PLEASE CONTACT EUKLEIA AT info@eukleia.com.
  22. PRIVACY POLICY
    i.) Client’s personal data and information as included in this purchase shall be used by Eukleia and, to the extent needed for the maintenance and/or delivery of the course(s) Client purchased, its group companies (and this may include inclusion of Client’s data in one or more databases, and may comprise cross-border transfers of Client’s data, including to or from the EEA). The Client’s (and, where applicable, relevant purchased course(s) taker’s) name and email address shall moreover be stored in the learning management system through which the purchased course(s) is/are delivered and as part of this hosted in a database located within the EEA. Eukleia will not use Client’s provided personal data except as set out in these Terms and Conditions or in the more detailed Privacy Policy as can be found at Eukleia’s corporate website at www.eukleia.com. If Client has any concerns regarding Eukleia’s use of his personal data he should contact Eukleia at info@eukleia.com with reference “Privacy”.
    ii.) Client’s payment details will be used to process the purchase transaction and Eukleia is required to retain a copy of the transaction details for up to 7 years however this does not include card data. Eukleia does not process payments and has no access to Client’s card data. All payments are processed by using a third party shopping cart and a thirdparty payment gateway, which are currently secured by Course Merchant (www.coursemerchant.com) and Worldpay (www.worldpay.com) respectively. As such that payment gateway provider will have access to Client’s transaction information (including receipts and other evidence of the transaction) and shall keep its own copy of such information, receipts and evidence, per its own privacy policies, and that the third party merchant bank will have access to Client’s card data and transaction data (including receipts and other evidence of the transaction) and shall keep its own copy of such information, receipts and evidence, per its own privacy policies.