1. DEFINITIONS "Goldman Professionals" means OVER-DELIVER LTD, T/A GOLDMAN PROFESSIONALS, a company incorporated and registered in England and Wales with company number 11061531, whose registered office is at 85 Great Portland Street, London, England, W1W 7LT.
"Confidential Information" means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party's business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
"Course Materials" means the information provided by Goldman Professionals to accompany a course provided as part of the Services in hard copy or electronic form.
"Fees" means the fees paid by you to Goldman Professionals for the Services.
"Intellectual Property Rights" means copyright, rights in or relating to databases, patent rights, performers' rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
"Online Course" means the delivery by us of an online course pursuant to which you learn course materials remotely.
"Services" means the provision of the Online Course and/or the Full support course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Site.
"Full support course" delivery by us of an online course pursuant to which you learn course materials remotely and accompanied personal consultations.
"Site" means https://goldmanprofessionals.co.uk/
and Thinkific Course Hosting Platform https://www.thinkific.com/ https://uk-jobs-on-visas.thinkific.com/
& any refers to any other website where the Course Materials are hosted.
"you" means the individual purchasing the Services.
2. ABOUT THE SERVICE 2.1 A description of the Services together with the dates on which the Services will begin are available on our Site. We will provide the Services with reasonable care and skill in accordance with the description set out on the Site.
2.2 We reserve the right to vary or withdraw any of the Services described on the Site without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
3.1 If you are a user who signs up for the Service, you will create a personalised account which includes a unique username and a password to access the Service and to receive messages from Goldman Professionals. You agree to notify us immediately of any unauthorised use of your password and/or account. Goldman Professionals will not be responsible for any liabilities, losses, or damages arising out of the unauthorised use of your member name, password and/or account.
3.2 By visiting our site and/ or purchasing something from us, you engage in our Services and accept these terms of Site use and that you agree to comply with them. If you do not agree to these Terms, you must not use our site. We recommend that you print a copy of these Terms for future reference.
3.3 We reserve the right to refuse rendering the Service to anyone for any reason at any time.
3.4 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by Us.
3.6 We may suspend or withdraw our site
(a )We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons, including in connection with your breach of the Acceptable Use Policy. We will try to give you reasonable notice of any suspension or withdrawal, but in case of breach of the Acceptable Use Policy, you understand and acknowledge that this will be immediate and without notice.
3.7 You must keep your account details safe
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us
3.8 Both the Training Material and the Content are owned or otherwise legally possessed by Us. We are also the owner or the licensee of all intellectual property rights in and on our site, and in the rest material (the one that is not included into Training Materials and/or Content categories) published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- All intellectual property rights in all of the above, including the design, graphics and text of all printed materials and the audio and video of all webinars and podcasts, are owned by Us. When you are given access to the Training Material and/or the Content, you are granted a non-exclusive, non-transferable, revocable license to use the Training Material and/or the Content. No Training Material or any part of the Content may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Our prior permission. Any such use is strictly prohibited and will constitute an infringement of Our intellectual property rights.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site if not expressly stated otherwise.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.9 Do not rely on information on this Site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
3.10 We are not responsible for websites we link to. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
3.11 User-generated content is not approved by us. This site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
3. 12 When you upload or post content to our site, you grant us full permission to use that content for the purposes of Service rendering.
3.13 We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform access on our site. You should use your own virus protection software.
3.13 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy
3.14 After signing up for the Service, you will have access to a personalised account and Online Course for 2 calendar years. We can extend access if you request under our discretion. Goldman Professionals will provide you with full support within 1 calendar year, after which maintaining full support will be under our discretion.
4. USE RESTRICTIONS
4.1 Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
4.2 You agree that you will not under any circumstances:
· access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,
· collect or harvest any personal data of any user of the Site or the Service
· use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
· distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user's account without permission;
· intentionally allow another user to access your account;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user's browser or computer.
4.3 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.
4.4 You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4.5 You must not transmit any worms or viruses or any code of a destructive nature.
4.6 A breach or violation of any of the Terms will result in an immediate termination of your Service.
4.7 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is or may at any time be stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
5.ORDERING SERVICES 5.1. In order to purchase any of the Services on-line you must proceed to payment with us via the https://goldmanprofessionals.co.uk
5.2. Following receipt by us of your order for Services via the Site we will contact you confirming the receipt of your order. We will accept your offer by entering your booking onto Our system and sending you an email confirming that you have been booked together with information on starting your learning.
5.3 A legally binding agreement between us and you shall come into existence when we have:
- accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
- received payment of the relevant Fees from you in accordance with clause 6 below.
5.4. Where your order consists of Online Courses or Full support courses, each individual course will be treated by us as a separate offer to purchase.
5.5 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or services, or product or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
5.6 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.
6.CANCELLATION AND VARIATION 6.1. Subject to clause 6.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 5.3 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 5.2, to cancel your purchase of the Services.
6.2. If you have purchased an Online Course or Full support course and have already accessed, downloaded all or part of the Services and/or started to use that Online Course or Full support course then you shall have no right to cancel your order - and the partial refund is possible under our discretion.
6.3. Notwithstanding clause 6.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Goldman Professionals.
6.4 Refunds will be processed within 28 calendar days via bank transfer to the original payer.
7. FEES 7.1. The Fees for the Services shall be as set out on the Site.
7.2 . Fees for the Service selected by you on the Site shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you attending any Full support course or accessing any Online Course.
7.3 . Any fees charged by your bank, debit or credit card provider in connection with your purchase of Services are for your own account and Goldman Professionals shall not be responsible for these.
7.4 You shall be responsible for all costs you incur in connection with your attendance & access at any Full support course orany Online Course.
7.5 Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorise payment, your application will be deemed void. We will not accept any liability for costs incurred as a result of applications deemed void in this manner.
7.6 Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8. LIABILITY 8.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice or UK Immigration advice.
8.2 Although Goldman Professionals aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (a) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (b) any loss or corruption of data, (c) any loss of profit, revenue or goodwill, or (d) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 8.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
8.4. Subject to clause 8.5 below, Goldman Professionals total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Full support course in relation to which a dispute has arisen.
8.5. Nothing in this Agreement shall exclude or limit Goldman Professionals liability for (a) death or personal injury caused by negligence, (b) fraudulent misrepresentation or (c) any other matter which under English law may not be limited or excluded.
8.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
9. INTELLECTUAL PROPERTY 9.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Full support course are, and remain, the intellectual property of Goldman Professionals whether adapted, written for or customised for the Client or not.
9.2. You are not authorised to:
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- record on video or audio tape, relay by videophone or other means the Online Course or Full support course given
- use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
- remove any copyright or other notice of Goldman Professionals on the Course Materials;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 9.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
9.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course and/or attending the Full support course.
9.4 The sole purpose of those materials that are produced by You, while using our Services, is for applying for jobs and professional brand development and not for selling, sharing or showcasing to third parties. This includes your CV, your Cover Letter templates, your interview preparation notes, notes from our training sessions, template messages & similar.
9.5 You may not allow anyone else to access the online training courses via your log-in details. We reserve the right to remove the access of any client to a training course whose behaviour is deemed inappropriate by Us. In these circumstances, We will neither refund any fees nor reimburse any other costs.
10. CONFIDENTIALITY 10.1. Each party shall keep the other party's Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.3 We may showcase some of the work produced by You to our other clients, business partners, prospective employers. We will keep your personal details confidential unless we get your permission to use (for example, by introducing you to a prospective employer).
10.4. This clause shall continue notwithstanding termination of these terms and conditions.
11. TERMINATION 11.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Goldman Professionals, any teacher or lecturer who provides the Full support course;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services where relevant;
- are in breach of these terms and conditions.
11.2. On termination clause 8 (liability), 9 (intellectual property rights), 10 (confidentiality) and 4 (restrictions) shall continue notwithstanding such termination.
12. COOKIES POLICY AND INTERACTIVE SERVICES 12.1 As you interact with our Site, We will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. We use Google Analytics to analyse the use of our Site.
12.3 We may from time to time provide interactive services on our site (the "interactive services"). Where We do provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
- We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service We provide on our site, and We expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
- The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them
- Where We do moderate an interactive service, We will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
13. ASSIGNMENTS Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
15. FORCE MAJEURE Goldman Professionals shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer's family, illness of the trainer, Government edict or regulation.
16. LAW AND JURISDICTION This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
17. CONTACT US For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at firstname.lastname@example.org or by mail using the details provided below:
Over-Deliver Ltd, 85 Great Portland Street, London, LND, W1W 7LT, United Kingdom