TERMS AND CONDITIONS OF MEMBERSHIP, COURSES AND PURCHASE OF PRODUCTS
Last updated: August 2022
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
- Our terms
1.1 These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content, including our membership services. Where we refer to our “products” in these terms, we mean the provision of our goods, services, digital content and membership.
1.2 These terms, together with the membership registration or online order, form the basis of our contract with you to supply our products.
1.3 Please read these terms carefully and make sure that you understand them before you submit your order or membership to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
1.4 These terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us
2.1 We operate our site, The Teach Hub website at https://theteachhub.co.uk/. We are Hubbard Consultancy Limited, a company limited by guarantee, registered in England and Wales. Our company registration number is 9491817 and our registered office is at Offices 2 & 3 Bow Street Chambers, 1 / 2 Bow Street, Rugeley, Staffordshire, England, WS15 2BT.
2.2 You can contact us by phone 07730 354345 or by writing to us at The Teach Hub (Hubbard Consultancy Limited), 20 Moors Wood, Gnosall, Staffs. ST20 0FD. You can email us at firstname.lastname@example.org.
2.3 If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or membership registration. When we use the words “writing” or “written” in these terms, this includes emails.
3. Accounts and orders
3.1 When you create an account with us and for goods, services and digital content other than memberships, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.
3.2 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
3.3 You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
3.4 For memberships: When you click to complete your membership online or email us with details of your registration, you are making an offer to subscribe to our membership services in accordance with these terms.
3.5 Our acceptance of your order or membership will take place on the date of the order, at which point a contract will come into existence between you and us.
3.6 If we are unable to accept your order or membership for any reason, we will inform you of this and will not charge you for the product. We reserve the right to refuse any membership at our complete discretion. If we refuse your membership, we will inform you of this as soon as we can. If you have already paid for the order or membership, we will refund you as soon as we can.
3.7 We will assign an order number to your order or, where applicable, a membership number in respect of your membership and tell you what it is when we accept your order or membership. It will help us if you can tell us the order number or membership number whenever you contact us about your order or membership.
3.8 Subject to any early cancellation or termination rights in accordance with these terms, your membership will start on the Commencement Date (which is the date on which we email you to accept your order) and will last for a period of 12 months, unless otherwise stated in writing by us.
4. Intellectual Property
4.1 The Service and its original content, features and functionality are and will remain the exclusive property of Hubbard Consultancy Limited and its licensors.
4.2 The names, images and logos identifying us, our partners or third parties and our/their products and/or services contained in products are proprietary marks and may not be reproduced or otherwise used without express permission.
5. Our products and licensed use
5.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images.
5.2 We grant you a non-exclusive, non-transferable licence without rights to sub-licence to any third party to access and use the digital content in electronic format for your internal business use and teaching purposes.
5.3 You may print, download, extract or store copies of digital content for your internal business use and teaching purposes only.
5.4 You may not delete any of our intellectual property protection notices from digital content.
5.5 All other uses of digital content other than permitted by these terms are prohibited. If you wish to use digital content in a manner which is not authorised by these terms, please contact us.
6. Your rights to make changes
6.1 If you wish to make a change to the product you have ordered, for example, because you wish to make a change to the quantity of products ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the order and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7. Our rights to make changes
7.1 We may change the product to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
7.2 In addition, we may make more significant changes to the product, but if we do so, we will notify you.
8. Providing the products
8.1 The costs of any goods to be physically delivered to you will be as displayed to you on our website. We will deliver goods to the delivery address specified by you when you submit your order, or such other address as we may agree in writing with you.
8.2 If the products are goods, we will deliver them to you as soon as reasonably possible. Any dates quoted for delivery during the order process are approximate only.
8.3 If the products are one-off services, we will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
8.4 We will make the digital content available as soon as practicable after we accept your order.
8.5 We will supply membership services to you from the Commencement Date for the duration of the membership term unless you end the contract as described or we end the contract by written notice to you.
8.6 We may require certain information from you so that we can supply the products to you, for example, the address of the location if face to face services are to be performed. Where certain information is required, this will have been stated in the description of the products on our website or we will contact you to ask for this information. If you do not provide this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
8.7 If the services are face to face services which we have agreed will take place in a specified location (for example, your school) and you do not allow us access to the property to perform the services as arranged, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property, we may end the contract.
8.8 We may have to suspend the supply of membership services to: deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.
8.9 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days within any one-month period, we will adjust the price so that you do not pay for products while they are suspended.
8.10 We may suspend supply of membership services if you do not pay or if you are in breach of these terms. If you do not pay us for the products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, or, if you are materially in breach of these terms (including for reason of non-compliant uses of membership services), we may suspend supply of the products until you have paid us the outstanding amounts or you have rectified any such breach (to the extent capable of rectification). We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the outstanding sum. We will not charge you for the products during the period for which they are suspended. As well as suspending the products, we can also charge you interest on your overdue payments.
9. Price and payment
9.1 The price of the product will be the price indicated on the order pages when you placed your order, or as otherwise indicated by us in writing. We use our best efforts to ensure that the price of the product advised to you is correct. However, please see below for what happens if we discover an error in the price of the product you order.
9.2 The fees for membership services consist of an annual membership fee. The membership fee must be paid in full before you are able to access the digital content which is part of our membership services. We may update our membership fees from time to time; however, any uplift of fees will only ever be applied on renewal of memberships.
9.3 We will issue you with an invoice for the order. When you must pay depends on the payment method you select at the checkout. Where you choose to pay by ‘school invoice’, we will invoice you for the balance of the order once you have provided us with an email address to send it to. If agreed, you may access your order prior to invoice completion. If you think an invoice is wrong, please contact us promptly to let us know.
10. If there is a problem with the product or services
10.1 If you have any questions or complaints about the products or services, please contact us. You can telephone us at 07730 354345 or write to us at email@example.com or at The Teach Hub (Hubbard Consultancy Limited), 20 Moors Wood, Gnosall, Staffordshire. ST20 0FD.
11. Membership renewal
11.1 Your membership will automatically renew every year (on the anniversary of the Commencement Date). Prior to the end of your annual membership term, we will send you a reminder that your membership will renew; the reminder will specify the amount of the membership fee due on renewal and how to cancel your membership if you do not wish to renew it. Unless you tell us before the renewal date that you would like your membership to cease at the end of your membership term, membership will automatically renew for a further 12-month period at the end of your membership term.
11.2 Unless you tell us that you do not wish to renew your membership, we will issue an invoice for the new membership fee within a week of the renewal date. If you do not pay the invoice within 30 days, we will pursue payment from you in line with these terms. If you do not pay the new membership fee within 30 days, we will restrict your access to the membership services (including all digital content provided as part of the membership services) until you have settled the invoice in full.
11.3 Your entitlement to renew your membership is subject always to payment of the applicable fees and your continued compliance with these terms.
12. Your rights to end the contract
12.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract.
12.2 If what you have bought is faulty or misdescribed, you may have a legal right to end the contract (or to get the product replaced, a service re-performed or to get some or all of your money back), depending on what has been purchased.
12.3 If you want to end the contract because of something we have done or have told you we are going to do, see below:
12.4 If you are ending a contract for a reason set out in the list below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are: we have told you about an upcoming change to the product or these terms which you do not agree to; we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed; there is a risk that supply of the products may be significantly delayed because of events outside our control; we have suspended supply of membership services or you have a legal right to end the contract because of something we have done wrong.
12.5 You can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded and paid for. If you want to end a contract before it is completed, where we are not at fault, just contact us to let us know.
12.6 You may cancel your membership at any time using the website. However, you agree that you are liable to pay us for the membership fee for the entire membership term and there will be no refund due to you of your membership fee or any other costs if you cancel your membership prior to the end of the membership term.
13. Our rights to end the contract
13.1 We may end the contract if you break it. Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, we may end the contract for a product (including your membership) at any time by writing to you if: you do not make any payment to us within 30 days of the invoice being issued, and you still do not make payment within 14 days of us reminding you that payment is due; in our opinion, you breach any of these terms; you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; in respect of face-to-face services, you do not, within a reasonable time, allow us access to your premises to supply the services; or you do not, within a reasonable time, allow us to deliver the products to you.
13.2 Upon termination (including for any of the reasons set out immediately above in this clause) or expiry of your membership, unless otherwise authorised by us in writing: your right to use our membership services (including any digital content provided as part of those services) shall cease with immediate effect, and we may take all steps as we consider necessary to implement this; and you cannot report to follow The Teach Hub Letters and Sounds Programme in your school – you must immediately remove any reference to the programme or programme resources from your school website, from school policy documents and guidance documents from parents.
13.3 If we end the contract in the situations set out in this clause, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
13.4 We may write to you to let you know that we are going to stop providing the product.
14. The Teach Hub Courses (online and face-to-face)
14.1 Cancellations (made by the delegate/school)
We understand that cancellations by delegates are sometimes unavoidable. In the event of a cancellation, the following terms will be applied:
• Cancellation due to Ofsted: No charge
• Cancellations up to two weeks before the event: No charge
• Cancellations between one and two weeks before the event: 50% charge
• Cancellations one day to one week before the event: 75% charge
• No shows: 100% charge
Cancellations must be made by email to firstname.lastname@example.org (in order to confirm the cancellation date). Failure to do so may result in 100% charge being applied.
14.2 Cancellations (made by us)
We reserve the right to change or alter the presenter, content and/or description of any activity and/or to cancel any activity in their programmes if this is warranted by circumstances beyond our control. It is important therefore that you supply an up-to-date email address and notify us if this changes.
14.3 Transfer of delegate
There will be no charge to replace the participant with another member of staff from the school or academy.
14.4 Transfer of course
On occasion, we may be able to offer schools/academies/delegates an alternative course date. Requests must be made by email to email@example.com.
15. Links To Other Web Sites
15.1 Our Service may contain links to third-party websites or service that are not owned or controlled by Hubbard Consultancy Limited.
15.2 Hubbard Consultancy Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Hubbard Consultancy Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
15.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
16. How we may use your personal information
17. Our Liability
17.1 If we fail to comply with these Terms, we are responsible for any 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 is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.2 We only supply the products for educational use. You agree not to use the products for any commercial, business or re-sale purposes, and we have no liability to you for: any loss of profit (whether direct or indirect); any loss of business (whether direct or indirect); any business interruption (whether direct or indirect); any loss arising from viruses, Trojans or other harmful elements being introduced into your computer or network (whether direct or indirect); any loss of business opportunity (whether direct or indirect); and/or any indirect, consequential or special loss.
17.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any liability which cannot be excluded as a matter of law.
18.1 Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied.
19. Governing Law
19.1 These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.
19.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
20. Other important terms
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 These Terms are between Hubbard Consultancy Limited and you. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
20.5 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.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and Hubbard Consultancy Limited agree that the courts of England and Wales will have non-exclusive jurisdiction.
20.7 If you are a business or not a consumer, these Terms are governed by English law. This means that 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), will be governed by English law. You and Hubbard Consultancy Limited agree to the exclusive jurisdiction of the courts of England and Wales.
21.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is made, we will try to provide at least 30 days notice prior to any new terms taking effect.
21.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
22. Contact Us
22.1 If you have any questions about these Terms, please contact us.