Terms & Conditions

1.Definitions and Interpretation

In these Terms the following expressions shall have the following meanings:

• "Account" means collectively the personal information, Payment Information and credentials used by Users to access Content, Services and / or any communications System on the Web Site.
• "Content" means any text, graphics, images, audio, video, software, workbooks, data compilations and any other form of educational or informational material made available through the Web Site or the Services.
• "Foundation" means the Showing Up Foundation initiative described in Clause 9, through which Showing Up Learning Limited provides training opportunities to individuals facing barriers to entering the workforce.
• "Payment Information" means any details required for the purchase of Services from this Web Site, including but not limited to credit / debit card numbers, bank account numbers and sort codes.
• "Services" means collectively any training programmes, courses, digital Content, coaching offerings and other facilities that Showing Up Learning Limited makes available through the Web Site either now or in the future.
• "Showing Up Learning Limited" means Showing Up Learning Limited, the provider of the Web Site and the Services.
• "Systems" means any online communications infrastructure that Showing Up Learning Limited makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
• "User" / "Users" means any third party that accesses the Web Site or the Services and is not employed by Showing Up Learning Limited and acting in the course of their employment.
• "Website" means the website that you are currently using (www.showinguplearning.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2.Acceptance of these Terms

1. 2.1
   These Terms form a binding contract between you and Showing Up Learning Limited. By accessing or using the Web Site or the Services, you agree to be bound by these Terms in their entirety.
2. 2.2
   If you do not accept these Terms, or any part of them, you must discontinue use of the Web Site and the Services immediately. Continued use constitutes acceptance.

3.Age and Eligibility

1. 3.1
   Users must be 18 years of age or older to create an Account and to purchase or access the Services.
2. 3.2
   Where a User is under the age of 18, the Services may be accessed only with the express permission and under the supervision of a parent or legal guardian, who assumes responsibility for the User's compliance with these Terms.

4.Account Registration

1. 4.1
   When registering for an Account, you agree to provide accurate, current and complete information, and to update it promptly in the event of any change.
2. 4.2
   You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.
3. 4.3
   Showing Up Learning Limited is not liable for any loss or damage arising from unauthorised access to your Account, save where such access is caused by our negligence.

5.Intellectual Property

1. 5.1
   All Content made available through the Web Site and the Services is owned by Showing Up Learning Limited or is properly licensed to it. All rights are reserved.
2. 5.2
   You may not copy, reproduce, download, distribute, modify, publish, broadcast, transmit or otherwise exploit any Content, nor use any Content for commercial purposes, without the prior written permission of Showing Up Learning Limited.

6.Access to Services

1. 6.1
   Access to the Services is granted following successful payment or enrolment, and will typically be activated within two working days of order confirmation.
2. 6.2
   Showing Up Learning Limited reserves the right to modify, add to, remove or suspend any feature of the Web Site or the Services at its discretion and without prior notice.

7.Payments

1. 7.1
   All prices are stated in Pounds Sterling (GBP) and, where applicable, include VAT at the prevailing rate.
2. 7.2
   Payments are processed securely by authorised third-party payment providers using the Payment Information supplied by the User. You warrant that all Payment Information provided is accurate, current and belongs to you or that you are otherwise authorised to use it.
3. 7.3
   Where a Service is offered on a subscription basis, billing will recur at the interval specified at the point of purchase until cancelled in accordance with Clause 8 or the cancellation mechanism provided within your Account.

8.Cancellation and Refunds

1. 8.1
   Users who purchase Services as consumers (and not in the course of a business, trade or profession) have the right to cancel their order within 14 days of purchase, provided that no Content has been accessed or downloaded.
2. 8.2
   By accessing, downloading or otherwise consuming any Content prior to the expiry of the 14-day period, you expressly waive your right to cancel and to receive a refund.
3. 8.3
   Cancellation and refund requests should be directed to contact@showinguplearning.com.

9.The Foundation Access Commitment

1. 9.1
   For every paid place taken on a training programme, Showing Up Learning Limited commits, through the Foundation, to providing an equivalent training place free of charge to an individual facing barriers to entering the workforce.
2. 9.2
   The Foundation Access Commitment is not a charitable donation made by the User and is not tax-deductible. No portion of the fees paid by a User constitutes a gift to charity.
3. 9.3
   The Foundation Access Commitment is non-contractual and does not form part of the Services supplied to paying Users. Showing Up Learning Limited reserves the right to determine the eligibility of Foundation participants and the manner in which Foundation places are delivered.

10.Platform and Availability

1. 10.1
   Showing Up Learning Limited uses reasonable endeavours to ensure that the Web Site and the Services are available and operate as intended.
2. 10.2
   We do not warrant or guarantee that access will be uninterrupted, error-free, or free from delays caused by matters outside of our reasonable control.
3. 10.3
   Scheduled maintenance, unforeseen downtime or interruptions caused by third parties may occur from time to time. Showing Up Learning Limited accepts no liability for any such interruption, subject to Clause 14.

11.Acceptable Use

When using the Web Site and the Services you agree that you will not:

1. 11.1
   share your Account credentials with any third party, or allow any third party to access the Services through your Account;
2. 11.2
   copy, record, screen-capture, re-transmit or otherwise reproduce any training Content, whether in whole or in part;
3. 11.3
   upload, post or transmit any material that is unlawful, defamatory, obscene, harassing, discriminatory or otherwise inappropriate;
4. 11.4
   use the Services or any Systems for the purpose of unsolicited marketing, spam or commercial solicitation; or
5. 11.5
   otherwise use the Web Site or the Services in any manner that is unlawful or that adversely affects the experience of other Users.

Breach of this Clause 11 may result in suspension of your Account or permanent removal from the Web Site and the Services, without refund and without prejudice to any other rights available to Showing Up Learning Limited.

12.Data Protection

1. 12.1
   The processing of personal data in connection with the Web Site and the Services is carried out in accordance with the UK GDPR and the Data Protection Act 2018.
2. 12.2
   For further details on how we collect, use and safeguard your personal data, please see our Privacy Policy, which forms part of these Terms by reference.

13.Third Party Links

1. 13.1
   The Web Site and the Services may contain links to external websites that are not owned or controlled by Showing Up Learning Limited.
2. 13.2
   We accept no responsibility for the content, policies or practices of any third-party website, and the inclusion of a link does not constitute an endorsement. You access such sites at your own risk.

14.Limitation of Liability

1. 14.1
   To the maximum extent permitted by law, Showing Up Learning Limited limits its liability to you in connection with the Web Site and the Services as set out in this Clause 14.
2. 14.2
   We exclude all liability for any indirect, consequential, special or punitive loss or damage, including but not limited to loss of profit, loss of business, loss of opportunity or loss of data.
3. 14.3
   Whilst the Services are designed to support professional development, we do not warrant or guarantee any specific training, commercial or career outcome.
4. 14.4
   Our total aggregate liability to you arising out of or in connection with the Services shall not exceed the amount actually paid by you to Showing Up Learning Limited for the relevant Services in the twelve months preceding the event giving rise to the claim.
5. 14.5
   Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

15.Termination

1. 15.1
   Showing Up Learning Limited may suspend or terminate your access to the Web Site and the Services, in whole or in part, where you have breached these Terms or misused the platform.
2. 15.2
   You may close your Account at any time by contacting us at contact@showinguplearning.com. Termination does not affect any rights or obligations that have accrued prior to the date of termination.

16.Changes to these Terms

1. 16.1
   Showing Up Learning Limited reserves the right to update or amend these Terms from time to time as we deem necessary or as may be required by law.
2. 16.2
   Where material changes are made, we will communicate them via email or through a notification on the platform.
3. 16.3
   Your continued use of the Web Site or the Services following such changes constitutes acceptance of the revised Terms.

17.Governing Law and Jurisdiction

1. 17.1
   These Terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales.
2. 17.2
   The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

18.Contacting Us

If you have any questions about these Terms you may contact us at contact@showinguplearning.com.