Terms and ConditionsTerms and Conditions
1.1 Please read these terms and conditions. They govern your use of store.hope.ac.uk as well as any order you make from this website. The main body of these terms and conditions relate to your use of and purchases from store.hope.ac.uk. The schedule attached to these. If you do not agree to these terms and conditions you should not use these websites or place an order. The meaning of some words used in these terms and conditions follows: ‘We’ or ‘us’ ‘our’ is a reference to Liverpool Hope University whose principal office is at Hope Park Taggart Avenue, L16 9JD and whose VAT registration number is 548401349; ‘You’ or ‘your’ is reference to a person who is a user of store.hope.ac.uk and/or to whom we are selling Goods or providing Courses or Services (or to someone on their behalf); ‘Course’ is a reference to short courses or events run by us (or on our behalf) and for which you purchase one or more places through store.hope.ac.uk. ‘Goods’ is a reference to the goods you purchase from us through store.hope.ac.uk; ‘Services’ is a reference to the services, advice, assistance, help etc that Liverpool Hope University provide to you and which you purchase through store.hope.ac.uk, the details of which are detailed in the specification for the Services. 1.2 From time to time we may change these terms and conditions. We do not have to give you any notice before doing so. Therefore, if you use the store.hope.ac.uk website after any changes have been made, you will be bound by the new terms and conditions. Please read the terms and conditions each time you use the website and immediately prior to placing any bookings and making any purchases. 1.3 The store.hope.ac.uk website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the store.hope.ac.uk website and any transactions conducted on or through the store.hope.ac.uk website. 1.4 When the Buyer visits this website or sends e-mails to the University, the Buyer is communicating with the University electronically. The University shall communicate with the Buyer by e-mail or by posting notices on the website. For contractual purposes, the Buyer consents to receive communications from the University electronically and agrees that all agreements, notices, disclosures and other communications that the University provides to the Buyer electronically satisfies any legal requirement that such communications be in writing. This condition does not affect the Buyer's statutory rights.
2.1 While we make reasonable efforts to ensure that the information on this website is correct, we do not make any warranties or guarantees about the accuracy and completeness of the material on this website, including but not limited to information about the products and prices described in it. 2.2 We may make changes to the material on this website at any time without notice. 2.3 The material on this website may be out of date, and we make no commitment to update such material. 2.4 If you have any questions about any content please contact [email protected]
3.1 We do not accept responsibility for the reliability of access to this website or its fitness for a particular purpose and we will not be liable for any losses or damage resulting from your use or inability to use this website. 3.2 While we make reasonable efforts to ensure that this website is normally available 24 hours a day, you acknowledge that access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. We will not be liable if this website is unavailable at any time or for any period. 3.3 The website may contain hyperlinks to websites operated by parties other than Liverpool Hope University. Such hyperlinks are provided for your reference only. Liverpool Hope University does not control such websites and is not responsible for the contents of such websites. The inclusion of hyperlinks to such websites does not imply and endorsement of the material on such websites or any association with their operators by Liverpool Hope University 3.4 We reserve the right at all times to place advertisements and/or promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant), and Liverpool Hope University excludes all liability in respect of any advertisements/promotions.
4.1 In circumstances where we act as a Data Controller or Data Processor under the Data Protection Act2018 (‘the Act’) we shall comply with the Act and we shall only process details about you and your account with store.hope.ac.uk in accordance these terms and conditions and our Data Protection Policy. 4.2 The University will not be responsible for any losses suffered to the University or a third party caused by inaccurate data.
5.1 In order to place an order for Goods, Courses and/or Services from store.hope.ac.uk you will need to register and then use an account. You can only make orders for Goods and/or Services from store.hope.ac.uk with the account that you register. 5.2 You will take reasonable care to ensure that the information you supply about yourself will be complete and accurate. 5.3 Please ensure that the information you provide relates to you and not to any other person. 5.4 We will only use the information that you supply when registering an account for the purpose of fulfilling your order for Goods, Courses and/or Services. 5.5 When you register an account you will be asked to create a password, which you will need to use for accessing your store.hope.ac.uk account. Please keep it safe and also keep it and details about your account confidential so that they are not misused. You will be responsible for any unauthorized use of your account or your password. 5.6 If you know or suspect that your account or your password are being misused please let us know as soon as you can by contacting Jamie Maguire at [email protected] 5.7 If we reasonably believe that there has been a misuse of the password, your account or the store.hope.ac.uk website, the Liverpool Hope University website, we may change your password or we may suspend your account depending on the circumstances. 5.8 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under the Terms and Conditions. You can cancel your registration at any time by informing us in writing.
6.1 When you make an order for Goods, Courses or Services from store.hope.ac.uk you are making an offer to purchase them from us on these terms and conditions. 6.2 Please make sure that the details you enter when making your order are correct. Once we accept an order from you, it may be difficult for us, subject to any right you have to cancel your order, to change it or make any amendments to it. For any Courses/Services you order, any changes to the details you provide may be subject to us charging an administration fee. 6.3 Your order constitutes an offer to the University to buy the Goods or Services. All orders are subject to acceptance by the University, and the University will confirm such acceptance to you by sending you an e-mail confirming the order (Order Confirmation). The Contract will only be formed once you receive the Order Confirmation. Normally, we send you an email confirming that we have received your order within 24 hours of you placing it. If you do not receive a confirmation email within 24 hours please contact [email protected] 6.4 We do not have to accept any order you place. The stated availability of the Goods, Courses or Services is only an estimate and should not be relied on as a definite statement as to whether the Goods, Courses or Services you wish to purchase are actually in stock or can be provided. 6.5 Some Courses/Services may have additional requirements or particular terms and conditions. Where this occurs, the requirements and particular terms and conditions will appear on the web page describing the Course/Service and you will be bound by them (in addition to these Terms and Conditions).
7.1 We try our best to display accurate and up to date prices on store.hope.ac.uk for the Goods, Courses and Services we offer. We cannot state the definite price until we accept your order. 7.2 If, at the time we are ready to accept your order, the price is higher than when you placed your order we will, at our option, either cancel your order or contact you to ask you whether you wish to pay the higher price. If the order is cancelled by us or you cancel the order then if you have already made any payment(s), we will make a refund. 7.3 All prices and other costs and other charges shown are inclusive of VAT. 7.4 When you place an order using store.hope.ac.uk you authorise us to debit the credit, debit or other card you specify on your order for the amount of the order at the time we accept your order. 7.5 We do not accept cheques or any other form of payment other than a debit or credit card. 7.6 The card that you use for payment will be debited at the time you place your order. Payment in full must be made at the time you place your order. 7.7 The University cannot accept liability for a payment not reaching the University account due to you quoting an incorrect account number or incorrect personal details. 7.8 The University cannot accept liability if payment is refused or declined by the credit/debit card supplier for any reason. 7.9 If the card supplier declines payment, the University is under no obligation to bring this fact to your attention. You should check with your bank and or credit/debit card supplier that payment has been deducted from your account. 7.10 Prices and other costs and charges are shown in British Pounds Sterling. Depending on the credit or debit card you use the prices, and other costs and charges shown may also be displayed in another currency. If this is the case, you may choose in which currency to purchase the Goods, Courses or Services you wish to order. However, if you purchase the Goods, Courses or Services in a currency other than that of the debit or card you use, you may be charged additional amounts for performing currency conversion Services. 7.11 If the correct price of any Goods, Courses or Services is higher than the advertised price at which your order was accepted (e.g. due to pricing error), we will, at our discretion, either contact you for further instructions or cancel your order and notify you of such cancellation. 7.12 store.hope.ac.uk uses a third party; WPM to provide payment processing Services. 7.13 The University and the third party have used their reasonable endeavours to ensure that their sites are secure whilst payments are being made. The Payment Card Industry Security standard (PCI DSS) is a global standard covering the way in which card holder data should be handled. WPM is classed as a level 1 Service Provider under this standard and has an annual independent audit carried out to certify this compliance. 7.14 There are no guarantees that all software and hardware will be compatible with using this system to make online payments.
8.1 Any times and dates given for dispatch of Goods (or the length of time that Goods will take to be delivered) are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. The University reserves the right to defer the date of delivery/collection or to cancel the Contract in the case of any strike, lockout, disorder, pandemic, fire, explosion, accident or stoppage of or affecting the University's business or work which is beyond its reasonable control and which prevents or hinders the delivery of the goods and/or services. 8.2 We only make deliveries in the mainland of the United Kingdom. 8.3 We may deliver the Goods in one or more instalments and some of the Goods may be delivered directly from the manufacturer of the Goods. 8.4 We shall own the Goods until we have received payment in full from you, even though the Goods may have been already delivered to you. ‘Payment in full’ means that the funds have reached our bank account.
9.1 The goods are at your risk from the time of delivery. 9.2 Ownership of the goods will only pass to you when you receive an email from the University confirming receipt of all sums due in respect of the goods, including delivery charges.
10.1 The services shall be provided on the date specified on the Site for that particular service. 10.2 The University shall provide or otherwise procure the provision of the services with all reasonable skill and care.
11.1 If the University should have to postpone a service, the University shall notify you as soon as possible and provide you with a new date for the delivery of the service. 11.2 If the University should have to cancel the service, the University shall provide you with a full refund for the service.
12.1 The cancellation rights in this clause 9 apply to consumers only. You can cancel a contract for Goods within fourteen working days of your receiving the Goods. The fourteen day period starts on the day after you receive the Goods or receipt of written confirmation of the order whichever is the later. If you do wish to cancel you must inform the University in writing. 12.2 If you wish to return the items, you must send them to us immediately You must pay the cost of returning the items to us. 12.3 For Goods for which you wish to cancel your contract, you are legally obliged for taking reasonable care of them and keeping them in your possession until you send them back to us and if you fail to comply with this obligation the University may have a right of action against you. 12.4 . Refunds will be made as soon as possible following cancellation, or within thirty (30) days at the latest. Refunds will not include the cost of return postage by you 12.5 The right outlined in Clause 9.1 do not apply to anything that is excluded by law including but not limited to the supply of the following:
10.2 For Conference and Event bookings, the terms and conditions on the conference/event website will supersede the terms and conditions on the Online Store. 10.3 For Short Course and Pre-Sessional Course, the terms and conditions on the course or ELSS website will supersede the terms and conditions on the Online Store.
11.1 To cancel a contract under clauses 9 and/or 10 you will need to let us know in writing. You can send the letter by post or email or by personal delivery. Contact details for where to send the written notice by post or personal delivery are: Liverpool Hope University Store, Hope Park, Taggart Avenue, L16 9JD for email, to [email protected] If you cancel the contract orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means just specified. 11.2 Any refund will be made by us to you within 30 days of your cancellation and be paid to you in the same way as you paid for your order.
12.1 Our intention is that any Course (if it comprises more than one session or class) will have the same lecturer/presenter/tutor and take place at the same time and place as we previously advertised. However, Liverpool Hope University has the right to change the lecturer/presenter/tutor and/or the place and time of the Course (or any part of it). If you are unable to attend the Course because of the change in the time or place then we shall offer you a full refund. 12.2 There are certain reasons why it may be necessary for us to cancel a Course (for example, because a Course is undersubscribed or otherwise cannot be held at the stated time). If we wish to cancel a Course for any reason, either completely or partially, after you have made and we have accepted your order then the following will apply. We shall notify you in writing by email of the cancellation and we shall: 12.2.1 For the complete cancellation of a Course, offer you a place on an alternative Course or a full refund; 12.2.2 For cancellation of part of a Course, try to run again that part of the Course. If this is not possible then we shall offer you a proportionate refund. If we are unable to run a part of a Course because of reasons outside our reasonable control (such as a security alert) then we shall not need to make such a refund. 12.3 If you wish to cancel your order for a Course after it is accepted by us and outside of any period in which you might have a right to cancel, then the following applies: Your cancellation must be received in writing no later than 14 days before the start of the Course. If we receive your cancellation no later than 14 days before the start of the Course we will refund any amount you have paid to us for that Course less an administration charge of 20%. No refunds will be made for cancellations made by you within 14 days of the Course date. 12.4 If you wish to cancel your order for a Course you must notify us of your intention to do so in writing or by email to [email protected] 12.5 Although the provisions of clause 12.3 will apply where you wish to cancel an order for a Course, the Course organisers may exercise their discretion in respect of cancellations and refunds on a case-by-case basis. Such discretion will be exercised in such a way that you will have no lesser rights than those in clause 12.3. To discuss any cancellation or refund with the department in question, please contact the Course organiser (the contact details which are specified on the webpage for that Course). 12.6 At the discretion of the organisers of a Course, it is possible to substitute the person who is named to attend a Course. To do so, contact the Course organiser for the Course (the contact details which are specified on the webpage for that Course). . 14 LIMITATION OF LIABILITY 14.1 The University shall, in no circumstances, be liable to you in contract, delict (including negligence) warranty or otherwise, in respect of any of the following losses or damage (whether such losses or damages were foreseen, foreseeable, known or otherwise):
14.2 If for any reason you will not accept delivery of the goods or the services:
14.3 The University confirms that (subject to the other provisions of these terms and conditions) the goods upon delivery will be of satisfactory quality within the meaning of the Sale of Goods Act 1979. The University will not be liable for a breach unless:
14.4 The University will not be liable for any claims that the goods are not of satisfactory quality if:
14.5 Nothing in these terms and conditions excludes or limits the liability of the University for death or personal injury caused by the University's negligence, or excludes the University's liability for fraudulent misrepresentation.
15 FOR COURSES OR SERVICES 15.1 Although we may accept an order for a Course/Services from you we cannot state, promise or guarantee that the Course/Services will run as stated on the web page for that Course/Services or at all. Whether we run a Course/perform the Services will depend on a number of factors, including the number of other persons who order a place on the Course/Services and us achieving a minimum number of orders to justify the running of the Course/performing the Services. 15.2 Accordingly we shall not be liable to you for any losses, costs and expenses incurred by you as a result of our cancellation of a Course/Services, including, but not limited to those connected with travel and accommodation provided by a third party you have arranged. We recommend that you take out a policy of insurance to cover such expenses in the event of cancellation of Course/Services or part of a Course/Services by us. 15.2.1 Generally: 15.2.2 You must observe and comply with all applicable regulations and legislation, including obtaining all customs, export import or other permits to in order to purchase Goods or obtain visas or permits to attend a Course or receive our Services. Also the importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase. 15.2.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Goods , Course or Services in question. 15.2.4 Save as precluded by law, our total liability in respect of all losses arising under or in connection with Goods, Course or Services provided by us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the order price of such Goods, Course or Services. 15.2.5 Not with standing the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. 16 INVALIDITY If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. 17 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions. 18 LAW AND JURISDICTION This contract (and any disputes arising in connection with it) shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales. 18 CONFERENCING Conferences have particular terms and conditions which shall apply in addition to the terms and conditions above. For the avoidance of doubt, in the event of a conflict between the terms and conditions set out in above and the Conferencing terms and conditions, the Conferencing terms and conditions will apply.
Schedule The terms and conditions included in this Schedule shall apply in addition to the terms and conditions above when you download or purchase Courses from that site. For the avoidance of doubt, in the event of a conflict between the terms and conditions set out in this Schedule and the terms and conditions above, the terms and conditions set out in this Schedule shall apply.
In this Schedule, the following definitions apply: “Course” is a reference to one or more courses available on the website and for which you download Materials and/or in which you participate. "Course IP Rights" are defined in paragraph 6.1 of this Schedule. "Materials": the materials provided by us in connection with a Course (including without limitation any course guides, books, CD-ROMs, online resources or other documentation or materials and all revisions, updates and alterations of the same) as set out on the Website. "User Generated Content": any content uploaded to the Website by you as a User; "Website": our website hope.ac.uk
2.1. You must be a registered user on the Website in order to be able to purchase or participate in a Course. 2.2. You understand, acknowledge and agree that, in registering on the Website, purchasing Courses, participating in or undertaking Courses or downloading Materials you will not be a student of Liverpool Hope University and will not be entitled to the rights and benefits of a student at Liverpool Hope University You will not make any claim or permit any third party to make a claim that, as a result of buying and undertaking the Course, you are or should be a Student at Liverpool Hope University 2.3. You agree to indemnify us and keep us fully and effectually indemnified against any and all loss, costs, claims, damages, demands and expenses (including reasonable professional fees) arising out of any breach of paragraph 2.2 of this Schedule by you. 2.4. You are responsible for meeting any requirements of a Course, such as submitting work and participating in online sessions, tests and assessments. Failure to meet the requirements may result in you not completing the Course or failing the Course. We do not accept any responsibility or liability resulting from you failing to comply with the requirements of the Course. 2.5. If you wish to complain about a Course, in particular the Services or Materials, you should refer to the UCL Centralised Complaints Procedure. 2.6. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
3.1. Paragraph 3.2 of this Schedule only applies if you are a Customer who is a consumer (that is, you are purchasing a Course as an individual for your own use). Otherwise paragraph 3.3 of this Schedule applies. 3.2. If you are a consumer, you may only purchase a Course from our Website: 3.2.1. if you are at least 18 years old; and 3.2.2. for your own personal use. 3.3. If you are not a consumer, you confirm that: 3.3.1. you have authority to bind any business on whose behalf you use our Website to purchase the Course; and 3.3.2. each Course you purchase will be for use by one individual only and you will not permit multiple individuals to access a Course using the same details.
4.1. We warrant that: 4.1.1. the Materials will be of satisfactory quality and fit for any purpose specified in a Course and for its duration; and 4.1.2. we will provide the Services with reasonable care and skill. 4.2. We do not warrant that: 4.2.1. the Materials will be error-free; 4.2.2. The provision of the Services and the availability of the Course or Website will be uninterrupted or error-free. 4.3. All other warranties, conditions and terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract. 4.4. The warranty in paragraph 4.1 of this Schedule does not apply: 4.4.1. to any defect in the Materials arising from: 4.4.2. use by you otherwise than as described in a Course or as directed on the Website; 4.4.3. in the case of tangible Materials, fair wear and tear; 4.4.4. in the case of tangible Materials, wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party; 4.4.5. failure to use the Materials in accordance with instructions; 4.4.6. in the case of tangible Materials, any alteration or repair by you or by a third party who is not one of our authorised repairers; 4.4.7. unless you notify us of any breach within 48 hours of the date of receipt of the relevant Materials by you or the date on which it became apparent, whichever is the later. 4.5. If you are a consumer, this warranty is in addition to your legal rights in relation to Materials that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
5.1. As between us, all intellectual property rights (including copyright) in and connected to the Course, the Services, the Materials and the Website (Course IP Rights) shall remain vested in us. We give you a non-exclusive, non-transferable right to use the Course IP Rights for your own private study. 5.2. Any and all intellectual property rights in User Generated Content shall remain vested in you. You grant us a non-exclusive, royalty free, perpetual, sub-licensable right to access, copy, adapt, modify and use that intellectual property in connection our business, including without limitation for the delivery of educational services to you and/or other members of the public. You also grant other individuals undertaking the Course or similar courses provided by us a right to view and use your User Generated Content for the purposes of private study in connection with the Course or similar study. Unless we agree otherwise we will not identify you as the originator of the User Generated Content. 5.3. You hereby warrant that: 5.3.1. unless expressly stated by you (in which case you must attribute it to its original source), all User Generated Content is and will be your original work and has not been and will not be copied wholly or substantially from any other work or material or any other source; 5.3.2. you are the sole legal and beneficial owner of the rights in the User Generated Content; 5.3.3. you have not assigned or licensed and will not assign or license any of the rights in User Generated Content in a manner which would prevent the exercise by us of the licence granted in clause 5.2; 5.3.4. your rights in the User Generated Content are not subject to any security interest, option, mortgage, charge or lien; 5.3.5. you are unaware (having carried out reasonable and diligent enquiries) of any infringement, or likely infringement of, any of the rights in the User Generated Content; 5.3.6. so far as you are aware (having carried out reasonable and diligent enquiries) the exploitation of the rights in User Generated Content will not infringe the rights of any third party; 5.3.7. the User Generated Content does not contain anything that is defamatory, obscene, indecent or illegal. 5.4. You hereby indemnify us and agree to keep us fully and effectually indemnified against any and all loss, costs, claims, damages, demands and expenses (including reasonable professional fees) arising out of any breach of paragraphs 5.1 to 5.3 inclusive of this Schedule.
6.1. Your right to access the Course shall automatically expire on the date falling 6 months after the Order Confirmation or the expiry of the period specified on the Website for the Course, whichever is the earlier. 6.2. We may terminate the Contract immediately on giving notice in writing to the Customer if the Customer or the User under any Contract commits a material breach of the Contract and such breach is irremediable or, if such breach is remediable, the Customer or User as appropriate fails to remedy that breach within 14 days of a request in writing from us. 6.3. Breach of the provisions of paragraph 6 of this Schedule shall entitle us to cancel the Contract without any further liability to you. 6.4. If we terminate the Contract we may immediately withdraw access to any Course via the Website. 6.5. On expiry or termination of the Contract (other than under than pursuant to the cancellation provisions in clause 10 of this Contract): 6.5.1. the User under any Contract shall immediately cease use of the Course, Services and Materials and the Customer must: 6.5.2. return all Materials to us at your cost; 6.5.3. pay us any element of the Price which is unpaid; 6.5.4. any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect; 6.5.5. any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry, shall not be affected. 6.6. Customers who are consumers agree not to use the Course for any business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 6.7. For Customers who are not consumers we only supply the Course for internal use by your business, and you agree not to use the Courses for any re-sale purposes. 6.8. Except as expressly stated in this Schedule, we do not give any representation, warranties or undertakings in relation to the Course. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
7.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. 7.2. As a Customer, you may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 7.3. If you are a User but not a Customer you may not transfer or assign your rights under these Terms. 7.4. This Contract is between Customers and Users and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise' [email protected] Updated 2nd December 2020 |
