Terms And Conditions

TERMS AND CONDITIONS

Version number: [T&C-13.2.19-V1]

Effective date: [13.2.19]

1. Introduction
1.1 We are Internet Profits Limited trading as “Commerto”. Our company information is at the end of this document.

2. Definitions
2.1 The following (capitalised) definitions apply in this document:

2.1.a)“Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

2.1.b) “Content” – all information of whatever kind (including videos) uploaded to our Service.

2.1.c) “Customer” – a User who uses our Service to view videos and associated material uploaded by Instructors.

2.1.d) “Instructor” – a User who uses our Service to upload videos and associated material for viewing by Users (including where uploaded by us on the Instructor’s behalf).

2.1.e) “Pay-Per-Video Contract” – a contract to supply Pay-Per-Video Services (i.e., between Instructor and Customer).

2.1.f) “Pay-Per-Video Services” – Instructors making training or other videos and associated materials, available to Users on pay-per-video basis.

2.1.g) “Review” – any review, comment or rating.

2.1.h) “Service” – our website, the services we offer by means of our website and any related software and services.

2.1.i) “User” – persons or organisations using our Service (whether or not registered with us).

2.1.j) “Subscription Service” – our service to make “teaser” and similar Instructor videos available to Users on a subscription basis.

3. Applicability of terms and conditions
3.1 Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our Service in future. These terms and conditions are available in the English language only.

4. Changes to the terms and conditions
4.1 We may change these terms and conditions by posting the new version on our website. Please check our website from time to time. You shall be bound by the revised agreement if you continue to use our Service following the effective date shown.

5. Forming contracts on our Service
5.1 These terms and conditions are a contract under which we make our platform available to Users, including Instructors and Customers.

5.2 If, as a Customer, you use our Subscription Service, then that is part of your contract with us. If, however, you buy access to a particular video / course (which we call “Pay-Per-Video Services”), then you are contracting direct with the Instructor for that service.

6. Right to cancel (“cooling off”)
6.1 If you are a Consumer living in the “European Economic Area”, you have the right to cancel your contract with us (i.e. for the Subscription Service) or the Instructor (Pay-Per-Video Contract) subject to the provisions set out below.  

6.2 You lose the right to cancel where the supply of digital content began before the end of cancellation period with your specific agreement and you acknowledged that your right to cancel would be lost in such case.

6.3 If you do have the right to cancel, please see the instructions at the end of this document.

7. Your right to use our Service
7.1 We grant you a limited personal non-transferable right to use our Service on any applicable device owned or controlled by you subject to these terms and conditions.

8. Who can use our Service?
8.1 You must not use, or attempt to register on, our Service if:

8.1.a) you are under 16 years of age; or

8.2.b) display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).

9. Acceptable use of our Service
9.1 You undertake not to do any of the following in connection with the Service:

9.1.a) breach any applicable law, regulation or code of conduct;

9.1.b) upload any Content (including links or references to other content), or otherwise behave in a manner, which:

    • is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
    • infringes any intellectual property or other rights of others;
    • involves phishing or scamming or similar; or
    • we otherwise reasonably consider to be inappropriate;

9.1.c) upload any Content which includes someone else’s personal information unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
9.1.d) impersonate any person or entity in order to mislead others;
9.1.e) upload any Content which links to any third party websites which are unlawful or contain inappropriate Content;
9.1.f) use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
9.1.g) use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
9.1.h) do anything which may have the effect of disrupting the Service including  denial of service attacks, worms, viruses, software bombs or mass mailings;
9.1.i) do anything which may negatively affect other Users’ enjoyment of the Service;
9.1.j) gain unauthorised access to any part of the Service or equipment used to provide the Service;
9.1.k) use any automated means to interact with our systems excluding public search engines; or
9.1.l) attempt, encourage or assist any of the above.

9.2 You undertake to:

9.2.a) comply with any rules or requirements on our Service;

9.2.b) promptly comply with any reasonable request or instruction by us in connection with the Service; and

9.2.c) ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

10. Promises by Instructors
10.1 Instructors undertake to us and to the relevant Customer that:

10.1.a) they have the necessary skills and qualifications in connection with their Content;

10.1.b) they will act in accordance with the highest applicable professional or industry standards; and

10.1c) they will comply with all applicable laws and regulations and will not infringe any third party rights.

11. If you provide Content for our site (e.g., videos and associated material made available by Instructors)…
11.1 You are responsible for your Content.

11.2 You guarantee you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.

11.3 If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.

11.4 We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the police or other relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal offence may have been committed, or where required by law or where requested by the police or other appropriate authorities, or if we consider that Content does not meet our quality standards.  If so, you must not attempt to re-publish or re-send the relevant Content.

11.5 It is your responsibility to decide which Content to upload (subject to these terms and conditions). We do not accept responsibility if your Content is misused by others as this is outside our reasonable control. Do not upload any Content if you are concerned that it may be misused.

11.6 We reserve the right to place advertisements near or within your Content. We retain all revenue from such advertisements.

11.7 It is your responsibility to make your own backup of Content to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

11.8 We may irretrievably delete your Content without telling you after this agreement ends.  

12. If you view Content of other Users…
12.1 You accept that we have no obligation to vet or monitor Instructors or their Content. We do not endorse or recommend any Instructors or other Content. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. Think carefully before relying on such Content.

12.2 You acknowledge that in using the Service you may encounter behaviour or Content which you consider inappropriate. If so, please contact us as explained below {including if you wish to give us notice of defamatory material). Please also use any available blocking mechanisms, seek relevant external help If appropriate (e.g. from law enforcement authorities) and/or stop using the Service.

13. Other peoples’ services / advertising / websites
13.1 We may display other peoples’ services, advertising and /or links to other websites. We do not recommend or endorse, nor are we legally responsible for, any of these.  You use them at your own risk.

14. Guidance
14.1 If we ourselves provide any guidance or other general information on our Service, we do not guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

15. Your account
15.1 Unless otherwise specifically stated on our Service, your account is for your personal use only and is non-transferable. You undertake not to allow any other person to use your account. You undertake to take reasonable care to keep your login information confidential and to notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password.  You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

16. Payment
Payment for Subscription Service by Customers
16.1 Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

16.2 Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service.  Ending your subscription does not entitle you to a refund.

16.3 We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.

Payment for Pay-Per-Video Services by Customers
16.4 Customers must pay the relevant fee to us in advance on behalf of the Instructor as shown on our Service.

Payment by Customers – generally
16.5 The prices shown on our website include any applicable VAT unless we say otherwise.

16.6 You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

16.7 If we notify you that any fee has been mis-priced, then you can decide if you want to continue with the relevant service at the correct price but, if you do not, we will cancel the Service and provide a full refund of any payments already made.

16.8 You must contact us immediately with full details if you dispute any payment.

Payment to Instructors – Pay-Per-Video Services
16.9 Subject to your compliance with this agreement, we shall use reasonable endeavours to pay you within 30 days of the calendar month of receipt by whatever method we specify the amount of the fee received from the Customer subject to any deductions mentioned below.

16.10 We are entitled to deduct (including applicable VAT) our fee, the payment provider fee and any relevant affiliate commission from the Customer fee in the amounts specified by us when you signed up for the Service. We may at any time change the amount of these fees. If so, we will give you notice by email or otherwise. Any Customer order placed after that notice will be subject to our new fees.

16.11 We are entitled in our discretion to refund to the Customer on your behalf all or part of the Customer fee insofar as the Customer makes a complaint or raises a dispute or cancels the order within any applicable cancellation period or if we otherwise consider it appropriate to make such a refund in our discretion (which may be based on any cancellation policy which applies at that time). We are entitled to deduct the amount of such refund from any other fees due to you and you are liable to repay any shortfall if the relevant Customer fees have already been paid to you.

16.12 We are entitled to deduct from the fees due to you the amount of any chargeback which has arisen or which we consider is likely to occur (irrespective of whether the chargeback relates to the payment currently due). You agree to pay to us immediately on demand the amount of any chargeback relating to a payment which we have transmitted to you.

16.13 You are responsible for making up any shortfall arising from charges made by your bank.

16.14 You are responsible for checking that any invoices provided by us are suitable for your purposes and for accounting for VAT or any other applicable tax. We do not offer tax-related advice.

17. Discount codes
17.1 We may offer discount codes from time to time. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion.

17.2 We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue.  We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

18. Support
18.1 We do not supply support except to the extent specifically stated on our Service, as may be varied from time to time.

19. Functioning of our Service
19.1 We do not guarantee that the Service will be uninterrupted or error-free. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service provided these don’t have a seriously negative effect on the Service.  

20. Ending or suspending this contract
20.1 This contract automatically ends if your subscription expires without renewal (unless you are using Pay-Per-Video Services.

20.2 You can end your contract with us at any time by deleting your account or otherwise following any applicable instructions on our Service. (This doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)

20.3 We are entitled at any time end this contract by email notice without refund if we terminate our Service as a whole.

20.4 We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service or impose restrictions on our Service if:

20.4.a) we have reason to believe that you have breached our terms and conditions;

20.4.b) any fees due to us are unpaid / unjustifiably charged back;

20.4.c) we think that it is necessary to protect us or others; or

20.4.d) we are required to do so by law or appropriate authority.

If we end the contract, we will refund subscription payments relating to the period after termination.

20.5 NB If your contract with us ends for any reason, then any pending Pay-Per-Video Contracts end at the same time.

20.6 If this contract ends:

20.6.a) Your right to use our Service and all licences are terminated.

20.6.b) Existing rights and liabilities are unaffected.

20.6.c) All clauses in this contract which are stated or intended to continue after termination will continue to apply.

20.6.d) You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

21. Liability
21.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

21.2 Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

21.2.a) there is no breach of a legal duty owed to you by us or by any of our employees or agents;

21.2.b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

21.2.c) such loss or damage is caused by you, for example by not complying with this agreement; or

21.2.d) such loss or damage relates to a business of yours.

21.3 Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

21.4 The following clauses apply only if you are not a Consumer:

21.4.a) Our total aggregate liability of any kind (including our own negligence) is limited to amount of the total fees paid by us to in connection with our Service.

21.4.b) In no event (including our own negligence) will we be liable for any:

  • economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
  • loss of goodwill or reputation;
  • special, indirect or consequential losses; or
  • damage to or loss of data

(even if we have been advised of the possibility of such losses).

21.4.c) You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

21.4.d) To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

22. Intellectual property rights
22.1 The intellectual property rights in all material used on or in connection with our Service are owned by us or by Users. For your personal use only, you may view such material on your device.  You must not otherwise use such material including copying, publishing, selling or adapting it or taking extracts from it without our specific prior written consent. You must not misrepresent the ownership or source of such material, for example by changing or removing any legal notices or author attributions.

22.2 Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

22.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

22.4 If you make any Content available on our Service, you allow us to publish such material on our Service as well as to publicise it however we wish including via affiliate relationships. You also allow each User to use your Content in accordance with these terms and conditions.

23. Privacy
23.1 You acknowledge and agree that we may process your personal information in accordance with the terms of our privacy and cookies policy which is subject to change from time to time.

24. Events outside our control
24.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

25. Transfer
25.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

26. English law
26.1 This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is at the end of this document.

27. General
27.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

28. Complaints
28.1 If you have any complaints, please contact us via the contact details shown below.

29. Company information
29.1 Company name: Internet Profits Limited

29.2 Trading name: “Commerto”

29.3 Country of incorporation: England and Wales.

29.4 Registered number: 07224201

29.5 Registered office: 1 Fisher Lane, Bingham, Nottingham, Nottinghamshire, NG13 8BQ

29.6 Main trading address: Windsor House, Long Bennington Business Park, Main Road, Long Bennington, Newark, Nottinghamshire NG23 5JR

29.7 Contact email address: Via https://internetprofitsltd.zendesk.com/

29.8 Other contact information: See our website.

RIGHT TO CANCEL (“COOLING OFF”)
The following applies if you have the right to cancel the contract (as explained above):

Right to cancel
1. You have the right to cancel the contract within 14 days without giving any reason.

2. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

3. To exercise the right to cancel, you must inform us, Internet Profits Ltd trading as “Commerto”, Windsor House, Long Bennington Business Park, Main Road, Long Bennington, Newark, Nottinghamshire NG23 5JR, email details above, (on behalf of the Instructor where applicable) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
5. If you cancel this contract, we will reimburse to you all payments received from you.
6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8. If you requested us to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

CANCELLATION FORM
Complete the online form only if you wish to cancel the contract: Please Click Here for the online form