Terms & conditions

Last revised: 7th July 2021

NOTE THAT CLAUSES 12 AND 13 LIMIT OUR LIABILITY

These terms and conditions (together with our Terms of Use and Privacy and Cookies Policy) tell you information about us and the legal terms and conditions (these terms) on which we provide you any of the courses available (Course or Courses) on our website (this site). For the purpose of these terms, you or your means the person using this site to order and/or purchase services from us.

These terms will apply to any contract for the provision of a Course to you (Contract). Please read these terms carefully and make sure that you understand them, before ordering or purchasing anything from this site and before commencing a Course. If you order and/or purchase services on this site and/or undertake a Course, you agree to be legally bound by this contract. Please note that before placing an order and commencing the Course you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order from this site or undertake the Course.

You should print a copy of these terms or save them to your computer or device for future reference.

We amend these terms from time to time as set out in clause 3. Every time you wish to order a Course, please check these terms to ensure you understand the terms which will apply at that time.

These terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US AND COMMUNICATIONS BETWEEN US

This site is operated by Indie Retail, a division of C 2 Zero Ltd (weus or our). We are a limited company registered in England Wales whose registered office is 2nd Floor, Hygeia House, 66 College Road, Harrow, Middlesex HA1 1BE. Our company registration number is 5121702 and our VAT registration number is 839636580.

You may contact us by telephone on 01273 427 700 or by e-mailing us at info@indieretail.uk or writing to us at Indie Retail, PO Box 5110, Hove BN52 9EB.

Notice of any formal matter under these terms must be given in accordance with clause 15 below.

2. TERMS OF USE AND PRIVACY AND COOKIES POLICY

Our Terms of Use govern your use of this site. By ordering our services you also agree to be legally bound by our Terms of Use. We only use your personal information in accordance with our Privacy and Cookies Policy. Please take the time to read these documents, as they include important terms which apply to you.

In the event that a Course is available to you free of charge due to your ACT/ActSmart subscription, you also agree to be legally bound by the terms of such susbcription.

3. OUR RIGHT TO VARY THESE TERMS

We may amend these terms from time to time. Please look at the top of this page to see when these terms were last updated and which terms were changed. The terms in force at the time of your order will apply to the resultant Contract.

We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. We will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract (and get a full refund) if you are not happy with the changes.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

You will be guided through the steps you need to take to place an order with us on this site. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

After you place an order, you will receive an e-mail from us confirming your order (Order Confirmation). This constitutes our acceptance of your order and the Contract will only be formed when we send you the Order Confirmation.

If we are unable to supply you with a Course, for example because of an error on this site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Course, we will refund you the full price.

5. BUSINESS CUSTOMERS

You confirm that you have authority to bind any business on whose behalf you use this site to purchase Courses. You are responsible for the compliance with our Terms of Use by any candidate whom you register on this site and confirm that you have the authority to supply and allow us to process the personal data of any such candidate in accordance with our Privacy and Cookies Policy.

Where you are purchasing a Course, the Course is non-refundable and you may not cancel a Contract after we have sent you the Order Confirmation (except as otherwise provided in these terms).

These terms and our Privacy and Cookies Policy, Terms of Use constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in entering into a Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or our Privacy and Cookies Policy and Terms of Use. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement.

6. CONSUMER CUSTOMERS

You are a consumer customer if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession. In essence, you are only a consumer customer where you purchase a Course wholly or mainly for your own personal purposes. For example, if you purchase a Course as the first step in your training to become a retail salesperson (being a trade), you will be a business customer.

If you purchase or place an order for a Course, and provide your consent for us to do so, we will share your details with our partner service providers so that they may contact you about services that we feel could benefit you.

7. YOUR CONSUMER RIGHT OF RETURN AND CANCELATION

This clause 7 only applies if you are a consumer.

If you are a consumer and have purchased a Course from us, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period starting from the date of the Order Confirmation (the date on which we e-mail you to confirm our acceptance of your order) and ending 14 days from the date of the Order Confirmation. This would mean that during the 14-day period, if you change your mind or decide for any other reason that you do not want to receive a Course, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

However, if you access the Course within the 14 days following your order, you expressly consent to the supply of the Course before the end of the 14-day cancellation period and acknowledge that the right to cancel will be lost once you have accessed the Course or the supply has otherwise begun.

To cancel a Contract (before you have accessed the Course or the supply has otherwise begun), you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at info@indieretail.uk, giving your name and order details, and clearly stating your wish to cancel the Contract.

You can also cancel the Contract by sending a cancellation form to us but this is not obligatory. Instructions on how to send it to us may be found on the form. Where you have purchased a Course from us directly, a link to the cancellation form will be included in our Order Confirmation.

If you cancel your Contract we will refund you the price you paid for the Course on the credit card or debit card or to the Paypal account you used to pay. We will do so as soon as possible and in any event within 14 days after the day on which you inform us of your decision to cancel the Contract.

This clause does not affect the rights you have if the services provided by us are faulty.

8. COURSES AND DELIVERY

Information on the Courses, including the different modules, may be found on this site. Courses are available only in the English language.

Once you receive a Registration Confirmation e-mail, the Course you have ordered will be available through your user account, or through the user account of the candidate for whom you referred the Course to, on this site (with the log-in details entered during registration. You (or the relevant candidate) will have online access to the Course materials (without the ability to download) to enable you (or them) to study each module of that Course and the multiple choice questions to be answered for the assessment of those modules.

If you (or the candidate) give any incorrect answers to a particular module's questions, these will be highlighted when that module is completed. There is unlimited opportunity to re-visit the materials for that module and attempt to re-answer its questions correctly.

All questions are multiple choice. A pass mark of 100% is required for sections one, two and three and 80% for sections four and five in order to pass the Course. All successful candidates will receive an electronic certificate of achievement for that Course (delivered by e-mail).

If you are a consumer, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:

  • where the price has not been agreed upfront, or the service is not being provided free of charge, the cost of the services must be reasonable; and
  • where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015. You may also have other rights in law.

9. PRICE OF COURSES

If you are an ACT/ActSmart subscriber, the course is likely to be available to you free of charge. Please review your ACT/ActSmart subscription for this information.

The price of any Course will be as quoted on this site at the time you submit your order. Prices may change from time to time, but changes will not affect any order you have already placed.

The price of a Course will be in pounds sterling (GBP) and includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

10. PAYMENTS

This clause 10 only applies if you are purchasing a Course from us. In the event that a Course is available to you free of charge, this clause shall not apply.

Your payment for a Course will be taken at the time you place your order. Payment may be made via secure check-out pages using Global Iris, SagePay and PayPal who take Visa, Visa Electron, MasterCard, Switch / Maestro cards. Card charges will appear on your statement as ‘C2Z t/a ActSmart'. Global Iris are OCI compliant.

If your payment is not received by us in accordance with the above, we may charge interest on any balance outstanding at the rate of 8% per year above the Bank of England’s base rate.

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

11. FAULTY SERVICES

If the services we have provided to you are faulty, please contact us using the contact details above.

If you are a consumer, under the Consumer Rights Act 2015, you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix the problem.

12. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 12 only applies if you are a business customer.

We only supply the Courses for your business use, for example in your training as a retail salesperson or for the training of prospective, new or existing retail salespeople by your business, and you agree not to resell any Course.

The Courses are undertaken on the understanding that they should not be regarded as giving legal advice or an authoritative interpretation of the legal regulations. All examples, including interactive examples, are provided for training purposes only.

Where you are an Appointed Representative, pursuant to FCA handbook Chapter 12, you are responsible for ensuring your financial promotions are compliant with all regulations in accordance with any other related contracts you have with us.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT, FOR:

  • LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
  • LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
  • BUSINESS INTERRUPTION;
  • LOSS OF ANTICIPATED SAVINGS;
  • LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
  • ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH ANY CONTRACT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE PRICE PAID FOR THE COURSE UNDER THE RELEVANT CONTRACT, OR THE PRICE THAT WOULD BE PAYABLE FOR THE COURSE IN THE EVENT THAT THE COURSE IS AVAILABLE TO YOU FREE OF CHARGE.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE COURSES. 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 ANY COURSE IS SUITABLE FOR YOUR PURPOSES.

13. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 13 only applies if you are a consumer.

The Courses are undertaken on the understanding that they should not be regarded as giving legal advice or an authoritative interpretation of the legal regulations. All examples, including interactive examples, are provided for training purposes only.

Where you are an Appointed Representative, pursuant to FCA handbook Chapter 12, you are responsible for ensuring your financial promotions are compliant with all regulations in accordance with any other related contracts you have with us.[MR10] 

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

IF WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR:

  • ANY LOSS OR DAMAGE THAT WAS NOT FORESEEABLE WHEN THE CONTRACT BETWEEN US WAS FORMED. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THIS CONTRACT;
  • ANY LOSS OR DAMAGE THAT WAS NOT CAUSED BY ANY BREACH ON OUR PART.

WE ONLY SUPPLY THE COURSES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

14. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any act or event beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or epidemics or pandemics.

If such an event takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you and our obligations under the contract will be suspended and the time for performance of our obligations will be extended for the duration of the event, but we will try to start or restart the services as soon as those events have been fixed.

15. COMMUNICATIONS BETWEEN US

When we refer, in these terms, to "in writing", this will include e-mail.

If you are a consumer you may contact us as described in clause 1.

If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting or if sent by e-mail, one working day after transmission;
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and placed in the post and, in the case of an e-mail, that it was sent to the specified e-mail address of the addressee.

The provisions of this clause 15 shall not apply to the service of any proceedings or other documents in any legal action.

16. OTHER IMPORTANT TERMS

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. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these terms.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. GOVERNING LAW AND DISPUTES

If you are a consumer, please note that these terms are governed by English law. This means a Contract and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).