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COMMODIOUS TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of www.commodious.co.uk (the “Site”). This site is owned and operated by Commodious LLP (the “Company”).

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. Please read the Terms and conditions before purchasing Courses from the Site.

The Company is referred hereto as “COMMODIOUS”, "we" or "us" and “you” or “user” means you as a user of the Site (individually the “Party” and collectively the “Parties”).

Please read the Terms and Conditions carefully before you start to use the Site. By using the Site or opening an account you accept and agree on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms and Conditions and our Privacy Policy.

If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

  1. COMPANY DETAILS

Name: Commodious LLP

Trading under the name(s): www.commodious.co.uk

Address: GIBC, Mulgrave Terrace, Gateshead, Tyne and Wear, NE8 1AN, UK

Telephone number: +44 191 6941231

E-mail address: admin@commodious.co.uk

Company registration number: OC377836

VAT number:  GB139971567

 

  1. PURPOSE OF COMMODIOUS

Commodious offers online training Courses (the “Courses”) on the Site. We promise to provide the Courses and other related services on our Site with reasonable care and skill. All Courses have external accreditation including RoSPA, Institute of Hospitality, IOSH, IIRSM, IATP and CPD. We also have ISO9001 for the production and sale of our Courses.

 

  1. ACCOUNTS
    1. In order to access the Courses and use certain sections and features of the Site, you must first register and create an account with us.
    2. To register for an account, you must provide us with a first name, last name, and e-mail address.
    3. When you create an account on our Site, you agree that all personal information you provide us through your account is up to date, accurate and truthful and you will update your personal information if it changes.
    4. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
    5. In case of a dispute on user account ownership, we reserve the right to determine ownership to a user account based on our reasonable judgment.

 

  1. USERNAMES AND PASSWORDS
    • Each person who uses the Site must register for their own account. When you register for an account, you will be asked to choose a username and password for the account.
    • You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your account.
    • You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account.
    • You further agree not to use the account or log in with the username and password of another user of the Site if you are not authorized to use both; or such use would violate the Terms and Conditions.

 

  1. NON-PERMITTED USAGE
    • As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
      • violate the rights of other users of our Site;
      • violate the intellectual property rights of the Site owners or any third party to the Site;
      • hack into the account of another user of the Site; or
      • act in any way that could be considered illegal or fraudulent.
    • If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to

 

  1. FREE TRIALS

We offer free trial with access to all Course content except for the assessments and certifications for 1 (one) month. Please e-mail us at enquiry@commodious.co.uk to request a free trial and to choose your modules of interest.

 

  1. PRICES AND OTHER FEES
    • The use of certain services such as access to Courses and Course materials, Assessments or Certificates (the “Paid Services”) are subject to payment of the relevant fees (the “Fees”), as determined by COMMODIOUS in its sole discretion.
    • COMMODIOUS reserves the right to change its Fees at any time.
    • All payments are in GBP, except as specifically stated otherwise in writing by COMMODIOUS.
    • The prices of the Courses will be as quoted on our Site at the time you submit your order.
    • Prices are only valid at the time of making the purchase and cannot be used as a future reference; the prices of our Courses vary from time to time, but changes will not affect any order you have already placed.
    • You can find the list of our Courses and prices at our Site. You may purchase a singular Course or chose to opt in for bundle deals. You can upgrade to a bundle any time after purchasing a Course and you will be discounted the original purchase price automatically.
    • The prices are shown on the Site as “Course Fee + VAT” at the applicable current rate chargeable in your country of purchase. You shall be responsible for payment of all applicable taxes relating to your use of the Paid Services, or to any payments or purchases made by you.
    • If COMMODIOUS is obligated to collect or pay taxes for the Fees payable by you, and whether or not such taxes were added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding Fees and will be reflected in the invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Paid Services (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). COMMODIOUS is not responsible for any such additional fees or costs.
    • As part of registering or submitting information to receive the Paid Services, you also authorize COMMODIOUS (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and Fees (or otherwise charge, refund or take any other billing actions) from our payment providers or your designated banking account, and to make any inquiries COMMODIOUS or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider.

 

  1. PURCHASES AND PAYMENTS
    • You can pay your Course Fees through PayPal or Stripe, by Credit Card or Debit Card (Mastercard, Amex, Visa) or any other payment method available at the time.
    • We are not liable for any direct or indirect losses you suffer as a result of your use of third-party gateways for payment.
    • If we believe your payment has violated any law or the Terms and Conditions, we reserve the right to cancel or reverse your transaction.
    • Businesses and legal entities may make a request to pay the Course Fees via invoice, in that case the Course Fees will be due within 30 days as of the invoice date. We reserve the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on overdue fees and also to suspend Course access until payment is received.
    • You confirm that you have sufficient authority to bind the legal entity or business on whose behalf you use our Site to purchase the Courses.
    • Before
    • After you place an order for a Course, you will receive a confirmation e-mail from us; this is our acceptance. Please check the confirmation e-mail and inform us if any of the information in the confirmation e-mail is incorrect.
    • If a Course is unavailable at that moment or there is a mistake as to the pricing, we will not process your order any further and refund you any monies already paid.
    • An agreement could only be deemed as formed between COMMODIOUS and the user after the receipt of the confirmation e-mail.
    • We reserve the right to refuse any order placed through the Site at our sole discretion.
    • Certificates will only be issued to the users who have fully paid the Course Fees.

 

  1. CANCELLATIONS
    • If you haven’t started your course, you may use your right to cancel and request a full refund within 14 days as of your purchase; COMMODIOUS will review your refund request within 48 hours and may issue a full refund at its own discretion.
    • The right of cancellation will not apply if:
      • You have accessed any of the online learning modules or materials prior to cancellation;
      • You logged into the online student learning portal and/or started your course; 
      • Any software supplied has been used or the security seal is broken;
      • You have been provided with any service related to your purchase.
    • If you want to use your right to cancel, please send us an email at admin@commodious.co.uk and return all Course material to us immediately.
    • If your refund request is approved, you will receive a refund within 30 days after you return all the relevant Course material to us.

 

  1. DORMANT ACCOUNTS

Without prejudice to your request on the contrary and relevant data and privacy laws, if we detect no activity in your account and this inactivity continues for 7 years, we may delete your account.

 

  1. PROPRIETARY RESTRICTIONS AND INTELLECTUAL PROPERTY
    • The Site, including its general layout, look and feel, design, information, content, especially the training content, all source codes, databases, functionality, software, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks and logos contained therein and other materials available thereon, unless otherwise indicated is exclusively owned by COMMODIOUS and protected by copyright, trademark, and other intellectual property laws.
    • The Site, the Content, trademarks and logos are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the Terms and Conditions, no part of the Site and no Content, trademarks or logos may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
    • Access to the Courses and Course materials are limited to the authorised users. Authorised users are granted a limited license to access and use the Site and to download or print a copy of a portion of the Content to which such users have properly gained access solely for personal and non-commercial use.
    • Users have no right, and specifically agree not to do the following with respect to the Site or any part, component, or extension of the Site:
      • reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organisation;
      • remove any copyright notice, identification or any other proprietary notice;
      • use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site;
      • attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site;
      • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site;
      • use any robot, spider, crawlers or other automatic device, process, software or queries that intercept, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same;
      • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
      • copy, reproduce or use without our express consent any or all parts of the training and/or training material;
      • use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other users’ enjoyment of the Site; or
      • access or use the Site in any way not expressly permitted by these Terms and Conditions.
      • Users also agree not to permit or authorize anyone else to do any of the foregoing.

 

  1. ACCESS TO THE COURSE MATERIAL
    • Users have 12 months to access all training material as of the purchase date of a Course.
    • Trainings in the bundles may only be accessed by 1 person only. Please purchase separate bundles for multiple persons.
    • If you use, print, copy or download any course material in a manner which breaches the Terms and Conditions, access to Course material and/or the assignments may be temporarily or permanently suspended.

 

  1. MODULES AND REVIEWS
    • Courses with more than one module are designed in such a way that you can only gain access to the next module by completing the previous module.
    • After you complete the training, you will be directed to a ratings and comments page. Your ratings and reviews are displayed publicly on the relevant training’s page. The reviews are semi anonymised with your initials and surname. By purchasing a Course, you explicitly give consent that we can publicly use and share your reviews.
    • We do not check user reviews for appropriateness, violations of copyright, trademarks, other rights or violations and the user posting the review shall be solely responsible for the consequences of posting the review.
    • We reserve the right to remove any and all reviews that;
      • could be considered in any way illegal or fraudulent;
      • could be considered in any way inappropriate or offensive;
      • could be considered in any way spam, nonsense, violent or deceptive;
      • infringe our or third party’s private and/or confidential information;
      • infringe or violate any copyright, trademark or any other intellectual property, proprietary or privacy, data protection or publicity rights of us or any third party;
      • violate any applicable local or international laws, regulations, and conventions; or
      • violate any of our or third party’s policies and/or Terms and Conditions or terms of service.
    • Any reviews, suggestions, comments, or other feedback relating to the services offered through the Site (whether existing, suggested or contemplated) that a user provides, which is or may be subject to any Intellectual Property rights (the “Feedback”), shall be exclusively owned by COMMODIOUS.
    • By providing such Feedback to COMMODIOUS, you acknowledge and agree that it may be used by COMMODIOUS to:
      • further develop, customize, and improve COMMODIOUS’s services;
      • provide ongoing assistance and technical support;
      • contact you with general or personalized notices and/or interview requests based on your Feedback;
      • facilitate, sponsor, and offer certain promotions, and monitor performance;
      • create aggregated statistical data and other aggregated and/or inferred information, which COMMODIOUS may use to provide and improve its services;
      • enhance COMMODIOUS data security and fraud prevention capabilities; and
      • comply with any applicable laws and regulations.
    • You represent and warrant that your Feedback is accurate, complete, and does not infringe any third-party rights.

 

  1. ASSESMENTS AND CERTIFICATES
    • You can only take the assessment of the relevant course after 100% of all the training is complete.
    • Assessments are multiple choice and conducted online.
    • You can take the assessments as many times as you wish. Except where the external awarding body sets forth a limit to the maximum number of re-sits requiring the user to either re-purchase the course or re-sit the training module before reattempting the assessment again. Please read the information and instructions on our Site carefully on the requirements of the external awarding bodies.
    • Assessment questions are selected randomly from a larger question pool.
    • All successful users will be presented with a downloadable certificate. You may also upgrade to a printed certificate which will be posted to your address.
    • Certificates of some Courses are provided by an awarding body (e.g. IOSH). Your user details (name, score, and delivery address) will only be shared with the awarding body for the preparation of your certificate.

 

  1. DISCLAIMER OF WARRANTIES
    • Your use of the Site, its content and any services or items obtained through the Site is at your own risk. The Site, its content and any services or items obtained through the Site are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site or its contents.
    • The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

  1. LIMITATION ON LIABILITY
    • In no event will the Company, its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or obtained from another user of the Site, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of reputation, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    • The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
    • Although we make reasonable efforts to keep the information on our Site up to date, we do not make any guarantees, representations or warranties whether express or implied, that the content on our Site is complete, accurate or up-to-date.
    • Nothing in the Terms and Conditions excludes our liability for death or personal injury arising from our own negligence, or our fraud or fraudulent misrepresentation, or any other liability that is not permitted to be excluded or limited by English law.

 

  1. INDEMNITY

You will indemnify, defend, and hold harmless COMMODIOUS, and our respective directors, officers, employees, representatives, and agents from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of your use of the Site or breach of these Terms and Conditions, your violation of the rights of a third party, including but not limited to intellectual property rights, any review you post or arising out of a contractual, or commercial relationship with another user.

 

  1. CONSUMER PROTECTION LAW

The Terms and Conditions do not in any way exclude or limit your consumer rights and remedies under the Consumer Rights Act 2015.

 

  1. RELATIONSHIP WITH COMMODIOUS

Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute either Party the agent of the other Party, or authorise either Party to make or enter into any commitments for or on behalf of the other Party.

 

  1. DISPUTES AMONG THE USERS

The users must try and settle conflicts amongst themselves. COMMODIOUS will not interfere with conflicts or disputes between its users.

 

  1. LINKS TO OTHER WEBSITES

Our Site may contain links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or services linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

 

  1. APPLICABLE LAW AND JURISDICTION
    • These Terms and Conditions are governed by the laws of England and Wales.
    • The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim which arises out of or in connection with the Terms and Conditions and use of the Site.

 

  1. SEVERABILITY

If any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

 

  1. INTERPRETATION
    • Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting the Terms and Conditions.
    • Words imparting the singular number shall include the plural and vice versa.
    • References to communications include e-mails and posts.

 

  1. FORCE MAJEURE

Neither COMMODIOUS nor the users are liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party; unless, the Parties are aware of the existence of such a cause or it is reasonably foreseeable that such a cause might occur in the future in such an extent that it might affect the performance the Parties’ obligations. Such causes include, but are not limited to industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, global or regional pandemics, governmental action, or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of the Parties may terminate or cancel the services to be carried out under these Terms and Conditions.

 

  1. WAIVER

The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.

 

  1. CHANGES

We reserve the right to amend these Terms and Conditions from time to time in order to maintain compliance with the law or to reflect any changes to the way we expect users to behave on our Site. Changes to these Terms and Conditions only take effect after they have been published in an appropriate manner on the Site.

 

  1. CONTACT DETAILS

If you have any questions or concerns or if you wish to make a complaint, please contact us at:

Address: Commodious LLP, Gateshead International Business Centre, Mulgrave Terrace, Gateshead, Tyne and Wear NE8 1AN, England

Phone: +44 1916941231 

E-mail: admin@commodious.co.uk

 

EFFECTIVE DATE: [01.03.2022]