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Terms and Conditions

Terms & Conditions

THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ("TERMS") ON WHICH DIGITAL MATTER EDUCATION LTD ("DIGITAL MATTER", "WE", "US") SUPPLIES ANY COURSES THAT YOU ("YOU", "YOUR") MAY BOOK THROUGH WWW.DMATTER.CO ("WEBSITE"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE BOOKING ANY OF THE COURSES. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED "CONFIRM AND PAY", YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE BOOKING ON BEHALF OF YOUR EMPLOYER OR ACTING AS AN EMPLOYEE, YOU WARRANT THAT YOU ARE AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER. THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY DIGITAL MATTER AND YOU OR YOUR EMPLOYER (AS APPLICABLE). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO BOOK ANY OF THE COURSES VIA THE WEBSITE


1. DEFINITIONS

"Booking" means the Course(s) ordered by you using the Booking Form;

"Booking Confirmation E-mail" means the e-mail confirming the Course, the Course Commencement Date and the Fee;

"Booking Form" means the online booking form available on the Website and used by you in order to place a Booking;

"Code" means the code created by you during the Course using the Materials and under the instruction of Digital Matter;

"Code Surgery" means face to face group sessions provided by Digital Matter, at its sole discretion, to you following your completion of the Course, as more specifically detailed at clause 6.6;

"1-on-1 session" means personal sessions with a tutor provided by Digital Matter, at its sole discretion, to you following your completion of the booking form, as more specifically detailed at clause 6.7;

"Course" means the Digital Matter courses delivered as described on the Website, which are available for Booking and in respect of which the Fee is payable;

"Course Commencement Date" means the date on which the Course is scheduled to start;

"Effective Date" means the date on which Digital Matter accepts your Booking;

"Fee" means the fee payable by you in respect of Digital Matter provision of a Course, as specified on the Website;

"Materials" means any and all information, guidance and materials, including the images and icons, provided by Digital Matter to you when you attend a Course;

"Minimum Requirements" means the minimum hardware and software requirements as notified by Digital Matter and required by you to obtain the benefit of the Course;

"Post Course Support" means e-mail advice and assistance provided by Digital Matter to you following your completion of a Course, in accordance with clause 6.8;


2. INFORMATION ABOUT DIGITAL MATTER AND THE WEBSITE

2.1 The Website is owned and managed, operated and maintained by Digital Matter Education LTD;

2.2 Digital Matter shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website;

2.3 Digital Matter reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Courses or features of the Website without notice;

2.4 Digital Matter may be contacted at 93D Central Hill SE19 1BY Upper Norwood, London or by email at info@dmatter.co;


3. PRELIMINARY INFORMATION

3.1 By placing a Booking, you warrant that:

3.1.1 you are legally capable of entering into binding contracts;

3.1.2 you are at least 18 years old; and

3.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms;


4. ACCESS TO THE WEBSITE AND PLACING A BOOKING

4.1 Digital Matter cannot guarantee that access to the Website will be uninterrupted or error free. Digital Matter will not be liable if for any reason the Website is unavailable at any time or for any period;

4.2 In order to attend any of the Courses from the Website, you shall be required to complete a Booking Form;

4.3 By submitting the Booking Form to Digital Matter, you consent to Digital Matter conducting verification and security procedures in respect of the information provided in the Booking Form;

4.4 You hereby warrant that the information provided to Digital Matter is true, accurate and correct. You further warrant that you shall promptly notify Digital Matter in the event of any changes to such information;


5. FORMATION OF CONTRACT

5.1 Upon completion and submission of the Booking Form, and subject to Digital Matter accepting your Booking, you will receive the Booking Confirmation E-mail. The contract between Digital Matter and you will only be formed when you receive the Booking Confirmation E-Mail ("Contract");

5.2 The Contract will relate only to those Courses whose availability Digital Matter have confirmed in the Booking Confirmation E-Mail;


6. THE COURSE AND MATERIALS

6.1 Subject to all the terms and conditions of this Agreement, Digital Matter shall allow you to attend the Course and provide you with the Materials;

6.2 Digital Matter shall use all reasonable endeavours to ensure that each Course starts on the Course Commencement Date and to inform you of any changes to the Course, including changes to the Course Commencement Date using the contact details provided by you in the Booking Form. Digital Matter shall not be liable for any failure to contact you where you have provided incorrect contact details;

6.3 Digital Matter cannot guarantee and does not promise any specific results from attendance at any Course;

6.4 Digital Matter does not supply any hardware or software required for the Course and you acknowledge that in order to receive any benefit from the Course, you must comply with the Minimum Requirements. Where the Minimum Requirements require you to obtain paid-for software, all such licence fees are payable by you. Digital Matter shall not be liable to you for your failure to comply with any of the Minimum Requirements or for any damage, defects or compatibility issues suffered by you arising out of or in connection with your attempted compliance with the Minimum Requirements;

6.5 Digital Matter may, at its sole discretion, vary the itinerary (provided such change does not alter the original outcome of the Course) or speaker(s) at any Course without notice to you;

6.6 Digital Matter may, from time to time, offer you access to its Code Surgery. You acknowledge a Code Surgery is provided free of charge and at such time as may be notified on Digital Matter's Website from time to time. Attendance is strictly subject to availability and must be booked in advance. Digital Matter reserves the right to refuse your attendance at a Code Surgery for any reason and/or cancel a Code Surgery at its sole discretion and without notice to you;

6.7 Digital Matter offers limited 1-on-1 sessions with one of the tutor at his discretion. Booking is strictly subject to availability and must be reserved in advance. Digital Matter reserves the right to refuse your attendance at a 1-on1 session for any reason and/or cancel a session at its sole discretion and without notice to you;

6.8 Digital Matter offers limited Post Course Support. Digital Matter shall use reasonable endeavours to respond to your e-mail requests for assistance in relation to the topics covered by the Course, but you acknowledge that such Post Course Support is provided at Digital Matter's sole discretion and Digital Matter shall be under no obligation to respond to your e-mail;

6.9 Digital Matter does not warrant or guarantee the accuracy, correctness or suitability of any advice or assistance provided in a Code Surgery or through the Post Course Support. If you intend to use and/or rely upon any information made available to you through your use of the Post Course Support or attendance at a Code Surgery, you do so at your own risk and liability;


7. PROPRIETARY RIGHTS

7.1 Digital Matter has sole and exclusive ownership of all right, title, and interest in and to the Course(s), Materials and the Code, including all copyright and any other intellectual property rights therein. Save as expressly set out herein, these Terms convey a limited right and license to use the Materials and the Code but shall not be construed to convey title to or ownership of the Material or the Code or grant any right to copy the Materials or the Code, which is strictly prohibited. All rights in and to the Materials and the Code not expressly granted to you are reserved by Digital Matter;

7.2 Digital Matter hereby grants you a non-exclusive, non-transferable, non-sublicensable licence to modify, alter, adapt, develop and enhance the Code for your own personal and non-commercial use;

7.3 Digital Matter hereby grants you a limited, personal, non-exclusive, non transferable, non-sublicensable licence to use the Material for the purpose of participating in the Course, for the duration of the Course only. You acknowledge that on completion of the Course, this licence shall terminate. On such termination, you shall cease all use of the Material and, where required by Digital Matter, delete or destroy such Material in your possession;

7.4 You agree not to:

7.4.1. exploit, distribute, or sub-licence the Code or the Material to any third party; or

7.4.2 use the Code or the Material to provide any web development courses.

7.5 Digital Matter shall have sole and exclusive ownership of all right, title and interest in any photographs taken or feedback collected at or in relation to a Course and you hereby agree the use for marketing purposes by Digital Matter of any photographs in which you feature or comments that you make regarding the Course;


8. FEE

8.1 In consideration for Digital Matter's provision of the Course, you will pay the Fee to Digital Matter;

8.2 The Fee shall be payable at the time that you make the Booking, or as otherwise agreed by Digital Matter in writing (including by e-mail);

8.3 Payment of the Fee may be by debit or credit card, or such other method specified on the Website from time to time. For the avoidance of doubt, where Digital Matter has agreed that payment is subject to invoice, payment (or any deposit, where agreed by Digital Matter) must be received in full prior to commencement of the Course. Digital Matter reserves the right to refuse your attendance on the Course where it has not received payment of the Fee in full or any agreed deposit, as applicable;

8.4 The Fee is inclusive of VAT or other sales tax which, if applicable to you, shall be payable by you at the then prevailing rate;

8.5 In the event that the Fee, as appropriate, is not paid in accordance with the provisions herein (or as otherwise agreed by Digital Matter in writing - including by e-mail), Digital Matter reserves the right to deny you access to the Course without notice and without any reduction in your liability to pay the same;

8.6 Where you have paid a deposit for a Course, any refund of a deposit is subject to the provisions of clause 9. Where such right to a refund of the deposit has expired, the deposit may be transferred to an alternative Course, subject to Digital Matter prior approval;

8.7 If you have claimed any discount on the Fee you are required to provide appropriate proof of your entitlement to such a discount if requested to do so by Digital Matter. If upon Digital Matter's request you fail to provide evidence to the reasonable satisfaction of Digital Matter, Digital Matter may require that you pay the amount of any discount that you have received;


9. CANCELLATION AND REFUND

9.1 Subject to clause 9.2 below, you have the right to cancel the Contract at any time within seven (7) days ("Cooling Off Period"), beginning on the day after the day you receive your Booking Confirmation E-Mail. To cancel the Contract, you must give Digital Matter notice using the contact details specified on the Website at any time during the Cooling Off Period, whereupon you will receive a full refund of the monies paid to Digital Matter for the Courses, no later than thirty (30) days from the date of receipt by Digital Matter of your notification to cancel during the Cooling Off Period;

9.2 You understand and agree that in the event the Contract has started (i.e. Digital Matter have commenced delivery of the Course), no right of cancellation shall apply, regardless of whether the Cooling Off Period applies;


10. TERM AND TERMINATION

10.1 This Agreement shall commence on the Effective Date and shall continue in effect until the earlier of:

10.1.1 the completion of the Course; and

10.1.2 cancellation of the Course;

10.2 Digital Matter shall be entitled to refuse your attendance to any Course and terminate these Terms by notice to you where:

10.2.1 Digital Matter believes that you have provided false, inaccurate or misleading information in respect of your Booking and/or Use of the Website; or

10.2.2 Digital Matter believes that you are in the business of re-selling, promoting the Code for resale or if you are otherwise engaged in other similar and/or commercial activities;


11. WARRANTIES AND LIABILITY

11.1 Digital Matter does not represent or warrant that: (i) the provision of the Course(s) will be timely, uninterrupted or error-free, (ii) the Course will meet your requirements or expectations, (iii) errors or defects will be corrected. The Courses are provided to you strictly on an "as is" basis. All conditions, representations, warranties and terms, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of satisfactory quality, fitness for a particular purpose, are hereby disclaimed to the maximum extent permitted by applicable law;

11.2 Subject to Clause 11.4, if Digital Matter fails to comply with these Terms, Digital Matter shall only be liable to you for the Fee of the applicable Courses and, subject to Clause 11.3, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure;

11.3 Subject to clause 11.4, in no event shall Digital Matter be liable for:

11.3.1 any special, indirect, incidental or consequential damages, loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute courses, even if advised of the possibility of such damages;

11.3.2 any delay or failure to provide the Course that is due to third parties, including, without limitation, internet service providers, data centres, server hosting companies and telecommunications companies;

11.4 Nothing in these Terms excludes or limits our liability for:

11.4.1 death or personal injury caused by Digital Matter's negligence;

11.4.2 fraud or fraudulent misrepresentation;

11.4.3 any breach of the obligations imposed by section 12 of the Sale of Goods Act 1979;

11.4.4 any other matter for which it would be illegal for Digital Matter to exclude or attempt to exclude its liability;


12. GENERAL

12.1 You shall not assign this Agreement, in whole or in part, without the prior written consent of Digital Matter;

12.2 This Agreement and its performance shall be governed by and construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales;

12.3 If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision;

12.4 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms;

12.5 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed;

12.6 These Terms (i) constitute the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede these Terms;

12.7 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Digital Matter and such third parties shall not be entitled to enforce any term of this Agreement against Digital Matter;

13. If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact Digital Matter Education LTD using the contact details at the Website.