The following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to
you, the person, the company, the school, college or university or the legal entity
that will be utilising the software. "The Company", "Ourselves", "We", "Our" and
"Us", refers to Yes Tuition and Training Ltd. Any use of the above terminology or other
words in the singular, plural, capitalisation and/or he/she or they, are taken as
interchangeable and therefore as referring to same.
These terms and conditions shall govern your use of our website.
By using our website, you accept these terms and conditions in full;
accordingly, if you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
If you register with our website, submit any material to our website or
use any of our website services, we will ask you to expressly agree to these terms and conditions.
The Duration of the Licence
This software is available to You on a limited subscription basis for a defined number of users and for
a limited time, as described in our invoice to you.
This license is effective from the date You receive access to the Software, Pages and Documentation,
and continues for a minimal license period or subscription limit as evidenced by your original
acceptance, correspondence, receipt, or invoice from date of subscription. This license will
terminate if the You fail to comply with any term or condition in this Agreement.
Copyright notice
Copyright (c) Yes Tuition and Training Ltd.
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the copyright and other intellectual
property rights in our website and the material on our website; and
all the copyright and other intellectual property rights in our website and the material on
our website are reserved.
Permission to use website
You may:
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal use, providing that such printing is not
systematic or excessive;
stream audio and video files from our website using the media player on our website;
download documents and other files from our website that are specified on the website as
downloadable, store and view them on your computer, and print copies of them, in each case
for your own personal use, and providing that such printing is not systematic or excessive;
and
use our website services by means of a web browser,
subject to the other provisions of these terms and conditions, and providing that you will have no
right to access or use materials that are only available under a subscription unless you have
purchased a relevant subscription and that subscription is current.
Except as expressly permitted by Section 4.1 or the other provisions of
these terms and conditions, you must not download any material from our website or save any such
material to your computer.
You may only use our website for your own person use; you must not use our
website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not
edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must
not:
republish material from our website (including republication on another website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
Notwithstanding Section 4.5, you may redistribute our newsletter in print
and electronic form to any person.
We reserve the right to suspend or restrict access to our website, to
areas of our website and/or to functionality upon our website. We may, for example, suspend access
to the website during server maintenance or when we update the website. You must not circumvent or
bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
Misuse of website
You must not:
use our website in any way or take any action that causes, or may cause, damage to the
website or impairment of the performance, availability, accessibility, integrity or security
of the website;
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our
website;
use our website to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, computer virus, Trojan horse,
worm, keystroke logger, rootkit or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage
capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation
scraping, data mining, data extraction and data harvesting) on or in relation to our website
without our express written consent;
access or otherwise interact with our website using any robot, spider or other automated
means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity (including without
limitation email marketing, SMS marketing, telemarketing and direct mailing); or
do anything that interferes with the normal use of our website.
You must not use data collected from our website to contact individuals,
companies or other persons or entities.
You must ensure that all the information you supply to us through our
website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Cookies
We employ the use of cookies. By accessing Time to Touch Type, you
agree to use cookies in agreement with Yes Tuition and Training Ltd's Privacy Policy. Most
interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies
are used by our website to enable the functionality of certain areas to make it easier for
people visiting our website. Some of our affiliate/advertising partners may also use cookies.
Use on behalf of organisation
If you use our website or expressly agree to these terms and conditions in
the course of a business or other organisational project, then by so doing you bind both:
yourself; and
the person, company or other legal entity that operates that business or organisational
project,
to these terms and conditions, and in these circumstances references to "you" in these terms and
conditions are to both the individual user and the relevant person, company or legal entity, unless
the context requires otherwise.
Registration and accounts
To be eligible for an account on our website under this Section 8, you
must be resident or situated in the United Kingdom.
You must not allow any other person to use your account to access the
website.
You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
You must not use any other person's account to access the website.
You will ensure user accounts are not used by anyone other than the registered user. Where
multiple access to a single user account is detected by Yes Tuition and Training Ltd, then We may, at
our sole discretion, terminate the license agreement without notice and with no liability to You, or
We may permit You to correct the situation within 7 days at our sole discretion.
User login details
If you register for an account with our website, we will provide you with
a user ID and password.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any
disclosure of your password.
You are responsible for any activity on our website arising out of any
failure to keep your password confidential, and may be held liable for any losses arising out of
such a failure.
Cancellation and suspension of account
We may:
edit your account details;
temporarily suspend your account; and/or
cancel your account,
at any time in our sole discretion, providing that if we cancel any services you have paid for
and you have not breached these terms and conditions, you will be entitled to a refund of any
amounts paid to us in respect of those services that were to be provided by us to you after the
date of such cancellation; we will give you reasonable written notice of any cancellation under
this Section 10.1.
Refund Policy
The first lesson of the Time to Touch-Type course is the Home Keys Unit. If after,
completing the Home Keys Unit, you no longer wish to continue the course, you are able to
claim a refund of the total fee paid. However, if you continue with the course beyond the
Home Keys Unit and/or commence other units on the course, then you are no longer entitled to
a refund. All refund requests should be sent to info@yes-tuitionandtraining.co.uk
Training course subscriptions
To become a subscriber to a training course on our website, you must pay
the applicable subscription fees during the account registration procedure. We will send you an
acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at
which point the contract between us for the supply of the website services shall come into force.
You will have the opportunity to identify and correct input errors prior
to making your order by email.
For so long as your account and subscription remain active in accordance
with these terms and conditions and subject to the other provisions of these terms and conditions,
you will have access to the course materials and website features specified on our website in
relation to the training course for which you have subscribed.
Fees
The fees in respect of our website services will be as set out on the
website from time to time.
You must pay to us the fees in respect of our website services in advance,
in cleared funds, in accordance with any instructions on our website.
We may vary fees from time to time by posting new fees on our website, but
this will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and
provide full details of your claim.
If you make an unjustified credit card, debit card or other charge-back
then you will be liable to pay us, within 7 days following the date of our written request:
an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back (including charges
made by our or your bank or payment processor or card issuer);
an administration fee of GBP 25.00; and
all our reasonable costs, losses and expenses incurred in recovering the amounts referred to
in this Section 12.5 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry
on your card statement or other financial statement, and make a charge-back as a result, this will
constitute an unjustified charge-back for the purposes of this Section 12.5.
If you owe us any amount under or relating to these terms and conditions,
we may suspend or withdraw the provision of services to you.
Distance contracts: cancellation right
This Section 13 applies if and only if you offer to contract with us, or
contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your
trade, business, craft or profession.
You may withdraw an offer to enter into a contract with us through our
website, or cancel a contract entered into with us through our website, at any time within the
period:
beginning upon the submission of your offer; and
ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 13.3. You do not have to give any reason for your withdrawal or cancellation.
You agree that we may begin the provision of services before the expiry of
the period referred to in Section 13.2, and you acknowledge that, if we do begin the provision of
services before the end of that period, then:
if the services are fully performed, you will lose the right to cancel referred to in
Section 13.2;
if the services are partially performed at the time of cancellation, you must pay to us an
amount proportional to the services supplied or we may deduct such amount from any refund
due to you in accordance with this Section 13.
In order to withdraw an offer to contract or cancel a contract on the
basis described in this Section 13, you must inform us of your decision to withdraw or cancel (as
the case may be). You may inform us by means of any clear statement setting out the decision. In the
case of cancellation, you may inform us using the cancellation form that we will make available to
you. To meet the cancellation deadline, it is sufficient for you to send your communication
concerning the exercise of the right to cancel before the cancellation period has expired.
If you withdraw an offer to contract, or cancel a contract, on the basis
described in this Section 13, you will receive a full refund of any amount you paid to us in respect
of the offer or contract, except as specified in this Section 13.
We will refund money using the same method used to make the payment,
unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of
the refund.
We will process the refund due to you as a result of a cancellation on the
basis described in this Section 13 without undue delay and, in any case, within the period of 14
days after the day on which we are informed of the cancellation.
Report abuse
If you learn of any unlawful material or activity on our website, or any
material or activity that breaches these terms and conditions, please let us know.
You can let us know about any such material or activity by email.
Limited warranties
We do not warrant or represent:
the completeness or accuracy of the information published on our website;
that the material on the website is up to date;
that the website will operate without fault; or
that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website
services, and to stop publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms and conditions, you
will not be entitled to any compensation or other payment upon the discontinuance or alteration of
any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law and subject to Section
16.1, we exclude all representations and warranties relating to the subject matter of these terms
and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and
conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 16 and
elsewhere in these terms and conditions:
are subject to Section 16.1; and
govern all liabilities arising under these terms and conditions or relating to the subject
matter of these terms and conditions, including liabilities arising in contract, in tort
(including negligence) and for breach of statutory duty, except to the extent expressly
provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our
website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any
event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use, production, anticipated
savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any special, indirect or
consequential loss or damage, providing that if you contract with us under these terms and
conditions as a consumer, this Section 16.6 shall not apply.
You accept that we have an interest in limiting the personal liability of
our officers and employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim personally against our
officers or employees in respect of any losses you suffer in connection with the website or these
terms and conditions (this will not, of course, limit or exclude the liability of the limited
liability entity itself for the acts and omissions of our officers and employees).
Indemnity
You hereby indemnify us, and undertake to keep us indemnified, against any
and all losses, damages, costs, liabilities and expenses (including without limitation legal
expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred
or suffered by us and arising directly or indirectly out of your use of our website or any breach by
you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if
you breach these terms and conditions in any way, or if we reasonably suspect that you have breached
these terms and conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block
your access to our website;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part
of our website, you must not take any action to circumvent such suspension or prohibition or
blocking (including without limitation creating and/or using a different account).
Third party websites
Our website includes hyperlinks to other websites owned and operated by
third parties; such hyperlinks are not recommendations.
We have no control over third party websites and their contents, and
subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may
arise from your use of them.
Trade marks
Time to Touch-Type, our logos and our other registered and unregistered
trade marks are trade marks belonging to us; we give no permission for the use of these trade marks,
and such use may constitute an infringement of our rights.
The third party registered and unregistered trade marks or service marks
on our website are the property of their respective owners and, unless stated otherwise in these
terms and conditions, we do not endorse and are not affiliated with any of the holders of any such
rights and as such we cannot grant any licence to exercise such rights.
Variation
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website
from the date of publication of the revised terms and conditions on the website, and you hereby
waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms
and conditions.
If you have given your express agreement to these terms and conditions, we
will ask for your express agreement to any revision of these terms and conditions; and if you do not
give your express agreement to the revised terms and conditions within such period as we may
specify, we will disable or delete your account on the website, and you must stop using the website.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise
deal with our rights and/or obligations under these terms and conditions - providing, if you are a
consumer, that such action does not serve to reduce the guarantees benefiting you under these terms
and conditions.
You may not without our prior written consent assign, transfer,
sub-contract or otherwise deal with any of your rights and/or obligations under these terms and
conditions.
Severability
If a provision of these terms and conditions is determined by any court or
other competent authority to be unlawful and/or unenforceable, the other provisions will continue in
effect.
If any unlawful and/or unenforceable provision of these terms and
conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be
deleted, and the rest of the provision will continue in effect.
Third party rights
A contract under these terms and conditions is for our benefit and your
benefit, and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and
conditions is not subject to the consent of any third party.
Entire agreement
Subject to Section 16.1, these terms and conditions, together with our
privacy and cookies policy, shall constitute the entire agreement between you and us in relation to
your use of our website and shall supersede all previous agreements between you and us in relation
to your use of our website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in
accordance with English law.
Any disputes relating to these terms and conditions shall be subject to
the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
We will not file a copy of these terms and conditions specifically in
relation to each user or customer and, if we update these terms and conditions, the version to which
you originally agreed will no longer be available on our website. We recommend that you consider
saving a copy of these terms and conditions for future reference.
These terms and conditions are available in the English language only.
Our details
This website is owned and operated by Yes Tuition and Training Ltd.
We are registered in England and Wales under registration number 4972538,
and our registered office is at Kemp House 152-160 City Road London United Kingdom EC1V 2NX.
You can contact us:
by telephone, on the contact number published on our website; or