General terms and conditions

Effective from 10 May 2018

1. Who are we?

Welcome to Uasabi Limited and our Site, learnk8s.io, which we own and operate. Uasabi Limited is a company registered in England and Wales under registration number 08578228. Our registered office is 8b Accommodation Road, London, NW11 8ED United Kingdom. Our VAT number is GB 179048575.

To contact us, please email hello@learnk8s.io.

2. What these general terms and conditions of supply are for

2.1 These general terms and conditions of supply (“Terms”) of Uasabi Limited (from now on, “Uasabi”, “we”, “our” and “us”) (together with the documents expressly referred to in this document) tell You information about us and the legal terms and conditions on which we sell any of our goods and services (including meetups, talks, conferences, skillscasts and workshops courses and events, In-The-Brain sessions, Hackathons and other types of events, SkillsCast recordings, articles or online content programmes and other services) (“Services”) listed on our website (our “Site”) to our customers (from now on, “You”).

2.2 These Terms are an important and legally binding document and will apply to any contract between Uasabi and You for the supply of Services (“Contract”). Please read these Terms carefully and make sure that You understand them before ordering any Services, whether from our Site or directly from us. By ordering any of our Services, You, the individual or entity that has ordered from us, agree to be bound by these Terms and the other documents expressly referred to in this document.

2.3 You should print a copy of these Terms or save them to Your computer for future reference.

2.4 We amend these Terms from time to time. Every time You wish to order Services, please check these Terms to ensure You understand the terms which will apply at that time. Those Terms existing as of the date of Your order and accepted by You are valid for and govern Your order. Every time You order Services from us, the Terms in force at that time will apply to the Contract between You and us. Whenever we revise these Terms, we will keep You informed and give You notice of this by stating the relevant date at the top of this page. These Terms were most recently updated on the date set out at the beginning of them.

2.5 These Terms, and any Contract between us, are only in the English language.

2.6 If You are a purchaser of one of our courses (“Courses”) then the specific terms and conditions set out below in “Specific terms related to courses”, “Specific terms related to vouchers” will also apply to our provision of those Services.

3. Our services and reliance on information

3.1 We update information about the availability of our Services frequently on our Site. Sometimes however Courses and tickets sell out or are cancelled between this time and when You have placed an order. If so, we will notify You as soon as possible.

3.2 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.

3.3 Any views given by any speakers at any of our Conferences, events and Courses during the supply of our Services are provided for general information only and it is not intended to amount to advice on which You should rely or to be considered an endorsement by us of such views.

4. Intellectual property rights

4.1 You acknowledge that Uasabi Limited is the owner of the unregistered trade marks for “learnk8s” and its logo and the owner or authorised licensee of all intellectual property rights in the images and descriptions and other content published on our Site and provided to You by us when providing our Services. Those works are protected by copyright laws and treaties around the world.

4.2 No licence is given to You and no intellectual property rights are transferred to you except as expressly stated in these Terms. All rights not expressly dealt with under these Terms are reserved to us exclusively.

5. Applicable law

5.1 If You are a consumer, please note that these Terms, their subject matter and Contract formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland, You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland.

5.2 If You are a business, these Terms, their subject matter and Contract formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

6. If you are a consumer

6.1 This clause only applies if You are a consumer. You may only purchase Services from our Site if You are at least 18 years old.

6.2 As a consumer, You have legal rights in relation to Services that are faulty or not as described. Advice about Your legal rights is available from Your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6.3 As a consumer, You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.4. This means that during the relevant period if You change Your mind, You can notify us of Your decision to cancel the Contract and receive a refund.

6.4 Your legal right to cancel a Contract starts from the date of the Order Confirmation (discussed in section 9 [TODO]), which is when the Contract between us is formed. How long You have depends on what You have ordered and how it is delivered:

  • (a) Have You bought services? If so, You have 14 days after the date of Order Confirmation. However, once we have completed the services You cannot change Your mind, even if the period is still running. If You cancel after we have started the services, You must pay us for the services provided up until the time You tell us that You have changed Your mind.

  • (b) Have You bought digital content for download or streaming? if so, You have 14 days after the date of Order Confirmation, or, if earlier, until You start downloading or streaming. If we delivered the digital content to You immediately, and You agreed to this when ordering, You will not have a right to change Your mind.

  • (c) Have You bought goods? if so You have 14 days after the day You (or someone You nominate) receives the goods, unless:

    • I. Your goods are split into several deliveries over different days. In this case You have until 14 days after the day You (or someone You nominate) receives the last delivery to change Your mind about the goods.

    • II. Your goods are for regular delivery over a set period. In this case You have until 14 days after the day You (or someone You nominate) receives the first delivery of the goods.

6.5 When You don’t have the right to change Your mind. You do not have a right to change Your mind in respect of:

  • (a) digital products after You have started to download or stream these;
  • (b) services, once these have been completed, even if the cancellation period is still running;
  • (c) sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after You receive them; and
  • (d) any products which become mixed inseparably with other items after their delivery.

6.6 We will process any refund due to You as soon as possible and refund You on the credit card or debit card (if any) used by You to pay.

7. If you are a business customer

7.1 This clause only applies if you are a business.

7.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

7.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

7.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

8. How the contract is formed between you and us - orders

8.1 To place an order for attendance at one of our Courses on our Site, you can click the ‘Book Now’ buttons provided on the page on our Site that describes that conference or course or meet up.

8.2 If you are ordering for a business, You confirm that You have authority to bind any business on whose behalf You use our Site to purchase Services.

8.3 Our order process allows You to check and amend any errors before submitting Your order for attendance to us. Please take the time to read and check Your order at each page of the order process. If there are any errors or changes please email us immediately. Please note that changes can not be made once Your order is confirmed.

8.4 After You place an order, You will receive an email from us acknowledging that we have received Your order. However, please note that this does not mean that Your order has been accepted. Our acceptance of Your order will take place by our confirming our acceptance to You by sending You an email that confirms that (“Order Confirmation”). The Contract between us will only be formed when we send You the Order Confirmation.

8.5 Our cancellation of orders because of our fault: Subject to our specific terms for Conferences, Courses, Facilities Hire, Vouchers and Community Sponsorship in sections 15, 16, 17, 18 and 19 [TODO], if we are unable to supply You with a Service, for example because that Service is no longer available or because of an error on our Site, we will inform You of this by email and we will not further process and will cancel Your order. If You have already paid for the Service, we will refund You the full amount as soon as possible.

8.6 Our cancellation or delay due to Your fault: Subject to our specific terms for Conferences, Courses, Facilities Hire, Vouchers and Community Sponsorship in sections 15, 16, 17, 18 and 19 [TODO], if we are unable to perform, or are prevented or delayed from performing, any of our obligations under the Contract by any act or omission by You or failure by You to perform any relevant obligation (“Customer Default”):

  • (a) we have, without limiting our other rights or remedies, the right to cancel or suspend performance of the Services until You remedy the Customer Default, and to rely on the Customer Default to relieve us from the performance of any of our obligations to the extent the Customer Default prevents or delays our performance of any of our obligations; and
  • (b) we will not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from our failure or delay to perform any of our obligations as set out in this clause 8.6.

8.7 We are not responsible for delays outside our control. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

8.8 Your cancellation of orders: Subject to our specific terms for Conferences, Courses, Facilities Hire, Vouchers and Community Sponsorship in sections 15, 16, 17, 18 and 19 [TODO], any order cancellations by You before Order Confirmation must be made by email or phone at hello@learnk8s.io .

9. Price of services

9.1 The prices of the Services will be as quoted on our Site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.

9.2 Prices for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

9.3 Except as expressly stated on our Site, the price of any Services excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of Your order and the date of delivery, we will adjust the VAT You pay, unless You have already paid for the Services in full before the change in VAT takes effect.

10. How to pay

10.1 You can pay for Services using secure banking through Barclays or direct credit to our bank account Uasabi Limited sort code 20-66-11 account number 03635848.

10.2 We will accept payment in the currency advertised with the event only.

10.3 Uasabi does not collect or gather cardholder information but such information is collected for payments made to us by our merchant services providers.

10.4 Payment is in advance.

11. Limitation of our liability if you are a consumer

11.1 This clause only applies if You are a consumer.

11.2 Subject to the rest of the provisions in this clause 11, our total liability to You for any loss You suffer will be limited to the amount of money payable to us for the Services provided to You.

11.3 We are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen, for example, if You discussed it with us during the sales process.

11.4 We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the products; and for defective products under the Consumer Protection Act 1987.

11.5 When we are liable for damage to Your property: If defective digital content which we have supplied damages a device or digital content belonging to You and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay You compensation. However, we will not be liable for damage which You could have avoided by following our advice to apply an update offered to You free of charge or for damage which was caused by You failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. In particular, You are responsible for configuring Your information technology, computer programmes and platform in order to access our Site and use our Services. You should use Your own virus protection software.

11.6 We are not liable for business losses. We only supply the products for domestic and private use. If You use the products for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Limitation of our liability if you are a business

12.1 This clause only applies if You are a business customer.

12.2 We only supply the Services for internal use by Your business, and You agree not to use the Services for any resale purposes.

  • (a) Nothing in these Terms limits or excludes our liability for:
  • (b) death or personal injury caused by our negligence;
  • (c) fraud or fraudulent misrepresentation;
  • (d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  • (e) defective products under the Consumer Protection Act 1987.

12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  • (a) any loss of profits, sales, business, or revenue;
  • (b) loss or corruption of data, information or software;
  • (c) loss of business opportunity;
  • (d) loss of anticipated savings;
  • (e) loss of goodwill; or
  • (f) any indirect or consequential loss.

12.4 Subject to clause 12.2, our total liability to You in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Services.

12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for Your purposes.

13. Other important terms

13.1 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.

13.2 You may only transfer Your rights or Your obligations under these Terms to another person if we agree in writing.

13.3 These Terms and the Contract is between You and us. 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.

13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

13.5 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.

These specific terms apply in addition to sections 1 to 13 above of these Terms to any of our Services that are Courses. To the extent of any inconsistency between these “Specific terms related to courses” and sections 1 to 13 of these Terms, these “Specific terms related to courses” will override.

14.1 Course Fee: The Fee payable for the Course includes attendance of the Course, lunch and light refreshments during morning and afternoon breaks. Unless otherwise stated in the Course description on our Site, the Course Fee will not include breakfast, dinner, accommodation, travel or any other expenses that may be incurred by delegates to the Course.

14.2 Payment Terms: The Fee is due and payable by the date that is the earlier date of:

  • (a) 14 days after our invoice date; or
  • (b) the day before the Course start date. Prices quoted for Course on our Site are exclusive of VAT or other applicable taxes (such as sales taxes), which will be added at the current rate upon invoicing or payment. Where a delegate is attending a Course in the UK, regardless of the delegate’s country of origin, the point of supply for VAT purposes is the location of the Course, which in that case is the UK.

14.3 Substitutions and Cancellations by the Delegate: In addition to any rights we may have in respect of cancellations under clauses 6, 8.5, 8.6 or 8.8, once booked and confirmed, Courses can be cancelled or rescheduled by

You subject to the following charges:

  • (a) Cancellation or reschedule more than 30 days notice prior to Course start date - 0% of Course Fee
  • (b) Cancellation or reschedule with 15 days or more up to 30 days notice prior to Course start date - 50% of the Course Fee
  • (c) Cancellation or reschedule with less than 15 days notice prior to Course start date - 100% of the Course Fee

A qualified substitute may be enrolled in a delegate’s place provided we are notified in writing before the first day of the Course.

14.4 No sharing: There is only one ticket per delegate booking and sharing is not permitted under any circumstances.

14.5 Cancellations and Changes by Uasabi: In addition to any rights we may have in respect of cancellations under clauses 6, 8.5, 8.6 or 8.8, if Uasabi changes the location or date of the Course, we will make reasonable efforts to give delegates as much advance notice as possible of any such change. If the delegate is unable to attend the Course at the revised location or date, we will refund 100% of any prepaid Course Fee. However, we will not be liable for any other costs incurred including (for example) travel charges or any consequential damages, even if we were advised of them. If Uasabi has to cancel the Course for any reason, then we will refund 100% of any prepaid Course Fee, but we will not be liable for any other costs incurred including (for example) travel charges or any consequential damages, even if we were advised of them.

14.6 Alterations to the course programme: It may become necessary for Uasabi to make alterations to the content, speakers, timing, venue or date of the Course compared to the advertised programme and we reserve the right to do so without liability to any delegate.

14.7 Your contact details: In accordance with our Privacy Policy (which is incorporated by reference into these Terms), Uasabi will use the contact and delegate details You enter during the registration process to provide You with further details on, or any changes to the Course and may also include You in our mailing list which we use to contact You from time to time with information on our other Courses. You will have the option to unsubscribe from this list. Uasabi may provide Your details to third party co-organisers of the Course as described in the Course description on our Site.

These specific terms apply in addition to sections 1 to 13 above of these Terms to the purchase and use of vouchers for our Courses (“Vouchers”).

15.1 Vouchers may be available from time to time for the Courses which are advertised on our Site as being offered and delivered by us. We do not supply vouchers for Courses which we advertise for third parties.

15.2 To purchase a Voucher, You must complete our online check out process and pay the price of the Voucher (together with any applicable VAT). By completing the checkout process, You will be deemed to have submitted an order for the Voucher.

15.3 The price of the Voucher, the value of the Voucher (the “Voucher Credit”), the check out process, the period of time during which the Voucher will be valid for use (the “Validity Period”), the discounts (if any) to which the Voucher will entitle You (the “Agreed Discounts”) and any additional benefits that we propose to include with Your Voucher (the “Additional Benefits”) will be as notified by us to You in writing before You submit Your order.

15.4 Our acceptance of Your order will take place when we contact You to agree the date on which the Validity Period will commence (the “Activation Date”), which must be no later than 30 days from the date of Your order. We will activate the Voucher on the agreed Activation Date.

15.5 Following the Activation Date, You can use the Voucher Credit to purchase the Courses by completing the order process on our Site and entering the Voucher code at the point of payment.

15.6 You may only use the Voucher Credit to purchase Courses that are offered and delivered by us (and not Courses advertised on behalf of third parties).

15.7 Your purchase of Courses and the supply of the Additional Benefits will be subject to availability and to sections 1 to 13 of these Terms. We do not guarantee, when we supply You with a Voucher, that Courses will be available on your preferred dates.

15.8 We will not be responsible for any loss You suffer as a result of Your Voucher code being lost or stolen and we will be entitled to assume that anyone who purchases Courses using Your Voucher has Your authority to do so.

15.9 If the Voucher Credit is on any occasion insufficient to pay for the Course Fee, You will be required to pay the balance of the Fee

15.10 You may only use the Voucher to purchase Courses for Yourself and Your employees, officers and consultants, and not for any other person.

15.11 The Voucher is non-refundable and non-transferable and cannot be exchanged for cash.

15.12 If, pursuant to these Terms, You become entitled to receive a refund of a Course Fee, the refund will be added to the balance of the Voucher Credit and will not be paid in cash.

15.13 Where, as part of the Additional Benefit, we allow You to use any of our logo or trademarks in Your recruitment and HR materials (“Our Trademarks”) then You agree that You may only use Our Trademarks for this specific purpose and only during the Validity Period. In using Our Trademarks, You must not claim any arrangement or relationship with us other than the one which exists and you must not allow any other person to use Our Trademarks. You must not use the Our Trademarks in any way which could adversely affect our reputation and if we consider that Your on-going use of Our Trademarks could have such an effect, we may withdraw Your right to use Our Trademarks by giving You written notice.

15.14 At the end of the Validity Period, the Voucher will automatically expire and You will no longer be entitled to use the Voucher Credit or to receive the Agreed Discounts or the Additional Benefits. You will not be entitled to receive any payment from us in respect of any part of the Voucher Credit which You did not use during the Validity Period.

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