BACKGROUND:
These Terms of Business (“Terms”) set out the terms under which Services are sold and provided by Us to business customers through this website, www.antareseducadus.com (“Our Site”) and/or outside of Our Site. Please read these Terms carefully and ensure that you understand them before ordering any Services from Us. You will be required to read and accept these Terms when ordering Services. If you do not agree to comply with and be bound by these Terms, you will not be able to order Services from Us including but not limited to through Our Site. These Terms, as well as any and all Contracts are in the English language only.
1. Information About Us
1.1 Our Site is owned and operated by ANTARES EDUCADUS LTD, a limited company registered in England and Wales under company number 15921244, whose registered address is 128 City Road, London, EC1V 2NX, United Kingdom.
2. Access to and Use of Our Site
2.1 Access to Our Site is free of charge.
2.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
2.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
2.4 Use of Our Site is subject to Our Website Terms and Conditions. Please ensure that you have read them carefully and that you understand them.
3.Individual Customers and Consumers
3.1 These Terms apply to Individual customers only. These Terms do not apply to Business consumers.
3.2 These Terms, together with any other terms referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
4.Services, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
4.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
4.3 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on Our Site.
4.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers and/or Services from time to time and as necessary. Subject to sub-Clause 5.8 and 5.9 changes in price will not affect any Order that you have already placed.
4.5 All prices are checked by Us when We process your Order. In the unlikely event that We have shown incorrect pricing information, except for situations regulated by sub-Clause 5.8 and 5.9 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed. We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof). We will not proceed with processing your Order until you respond. If We do not receive a response from you within three days, We will treat your Order as cancelled and notify you of the same in writing.
4.6 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.7 Prices on Our Site are shown exclusive of VAT. VAT is added at checkout. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
4.8 Please note that all registrations for our live courses are non-refundable. By completing your registration, you agree to our non-refundable policy. In the event of an emergency or unavoidable circumstance, please contact us as soon as possible, and we will do our best to accommodate your situation. However, we are unable to offer refunds for cancellations or no-shows.
If we need to cancel or reschedule a course, you will receive a full refund or an option to transfer your registration to a future course date. For any questions regarding this policy, please contact our support team."
5.Orders – How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors. Please ensure that you have checked your Order carefully before submitting it.
5.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, in Our sole discretion, accept. Our acknowledgement of receipt of your Order does not mean that We have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you.
5.3 Order Confirmations shall contain the following information:
5.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services; and
5.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges.
5.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 10 days.
5.5 If you want to change your Order, We will let you know if it is possible and at which costs and if possible endeavour to assist you with this.
5.6 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
5.6.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
5.6.2 An event outside of Our control renders the provision of the Services impossible or difficult for Us (please refer to Clause 20 for events outside of Our control).
5.7 If We cancel your Order under sub-Clause 6.6 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 10 days.
5.8 Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Services.
6.Payment
6.1 Payment for the Services will be due in the form of an advance payment for the Services. Price and payment details will be confirmed in the Order Confirmation. Your chosen payment method will be charged as indicated.
6.2 All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
6.3 We accept the following methods of payment on Our Site:
6.3.1 Strip.
6.4 Renewable services - fees due will be processed on the card on the date of expiry of the relevant Service. Notice will always be given in advance, and you will have the right to cancel the Service.
7.Provision of the Services
7.1 We will provide the Services with reasonable skill and care consistent with best practices and standards in the company formation sector. We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).
7.2 We will continue providing the Services until completion or for a period set out in the Order Confirmation.
7.3 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 20 for events outside of Our control.
7.4 If We require any information, action and/or acceptance from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the nature of the Services you have ordered, We may require information from or action by you and We cannot provide the Services if this is not forthcoming.
7.5 If the information you provide or the action you take or acceptance you provide under sub-Clause 8.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.
7.6 In certain circumstances, for example where there is a delay in you sending Us information, taking action or providing acceptance required under sub-Clause 8.4, We may suspend or terminate the Services.
7.7 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.
7.8 If you do not pay Us for the Services as required by Clause 7, We may suspend the Services until you have paid any and all outstanding sums due. This does not affect Our right to charge you interest on any overdue sums under sub-Clause 7.4.
7.9 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as is reasonable possible as specified in Clause 21.
8.General conditions for the Provision of the Services
8.1 You agree that you shall not use the Services for any illegal or illegitimate purposes, and that such uses will constitute grounds for immediate termination of the Services by Us without provision of any refund.
8.2 We reserve the right to suspend or terminate the Services without provision of any refund if We are unable to contact you at the contact address provided by you.
9. Cancelling the Services
9.1 Cancellation of the Contract shall be subject to the specific terms governing the Services in question and may be subject to a minimum contract duration. Details of the relevant duration, cancellation provisions and minimum notice periods will be provided and confirmed in the Order Confirmation or on Our Site.
9.2 Eligibility for refunds may vary according to the Services ordered. You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs) and for any Services ordered by you where fees are non-refundable. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
9.3 Refunds under this Clause 17 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
9.4 Refunds under this Clause 17 will be made using the same payment method that you used when ordering the Services.
10. Our Rights to Cancel
10.1 We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control (as under sub-Clause 20.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services. In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling. Such sums will be deducted from any refund due to you or, and if no refund is due, We will invoice you for the relevant sums.
10.2 Once We have begun providing the Services, We may in Our sole discretion cancel the Contract at any time and will give you at least 14 calendar days’ written notice of such cancellation. We shall not be required to disclose the reason for such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.
10.3 We may cancel immediately by giving you written notice in the following circumstances:
10.4 You breach the Contract in a material way and fail to remedy the breach within 3 calendar days of Us asking you in writing to do so.
10.5 Refunds under sub-Clause 18.3 are provided in Our sole discretion.
10.6 Subject to sub-Clause 18.4 refunds under sub-Clauses 18.1 – 18.3 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
10.7 Refunds under this Clause 18 will be made using the same payment method that you used when ordering the Services.
11. Our Liability
11.1 Subject to sub-Clause 11.1, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
11.2 Subject to sub-Clause 11.2 Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be either £100 or 50% of the total sums paid by you to Us under the Contract, whichever is the lower sum.
11.3 Nothing in these Terms seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
12. Communication and Contact Details
12.1 If you wish to contact Us with general questions or complaints, for matters relating to Our Services or your Order, please contact Us by telephone at +44 748 225 1758, or by email at antareseduglobal@protonmail.com.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 20 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 Our obligations under these Terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
13.2.4 If the event outside of Our control continues for more than 14 calendar days We may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation.
14. Complaints and Feedback
14.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
15. How We Use Your Personal Information (Data Protection)
15.1 All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy located at the footer of Our Site. When We serve as data processors Our Privacy Policy serves as Data Processing Agreement between you as data controller and Us as data processors under the Data Protection Legislation.
15.3 Our Privacy Policy is integrated into these Terms by reference and must be accepted by you in order for Us to provide and continue to provide the Services to you.
16. Other Important Terms
16.1 We may transfer (assign) any or all of Our obligations and/or rights under these Terms (and under the Contract, as applicable) to a third-party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms will not be affected.
16.2 You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without Our express written permission.
16.3 If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
16.4 No failure or delay by Us in exercising any of Our rights under these Terms means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms means that We will waive any subsequent breach of the same or any other provision.
16.5 We may revise these Terms from time to time including but not limited to in response to changes in relevant laws and other regulatory requirements.
17. Law and Jurisdiction
17.1 These Terms, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
17.2 Any dispute, controversy, proceedings, or claim between you and Us relating to the Terms or to the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.