General Terms and Conditions for LVL/UP Online Courses

Standard Terms for the Purchase of Online Courses

These terms and conditions apply to Services provided by LVL/UP of 278 Rosendale Road, London, SE24 9DL (“LVL/UP” or “we” or “us”). 

You may contact us on hello@lvluparts.uk.

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course.  Please read these terms and conditions carefully when purchasing an Online Course and print off a copy for your records.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:

1. Course Specific Terms and Conditions;

2. These Standard Terms for the Purchase of Online and Taught Courses;

3. Website Disclaimer.

For purchases via our website, by clicking on the “Book Now” button you agree to the terms of this agreement which will bind you. The person who completes the booking does so on behalf of all the individuals included on it, so that all are bound by the booking conditions. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. 

1. Definitions

“Us”, “LVL/UP”, “we”, “Our Instructors” are all interchangeable and refer to the Partnership known as LVL/UP.

“You”, “Client”, “participant”, “attendee” and “student” are all interchangeable and mean the individual purchasing the services.

“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website or by telephone.

“Course”, “Online Course” and “Intensive” are interchangeable and means the delivery by us of an online course pursuant to which you learn course materials remotely. 

“Booking” means the purchase of a Course whereby money is exchanged for participation in a Course.

“Forced majeure” means any unforeseen circumstances that prevent LVL/UP from fulfilling its contract with Participants.

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by LVL/UP to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” means the fees paid by you to LVL/UP for the Services.

“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Code of Good Practice” means the proper use of our Services including but not limited to the manner, language, behaviour, communication deployed as outlined in the Code of Good Practice at 17, below.

“Website” means www.lvluparts.uk.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services

3.1. The Services can be purchased on-line or via Invoice, upon request. 

3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. LVL/UP reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.

3.3. Following receipt by us of your order for Services via the Website we will contact you confirming receipt of your order. 

3.4. A legally binding agreement between us and you shall come into existence when we have:

(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and

(b)    received payment of the relevant Fees from you in accordance with clause 5 below. 

3.5. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase.  Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

3.6. LVL/UP does not and is not responsible for booking any examination with any professional body or examination board.  It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by LVL/UP.

4. Cancellation and Variation

4.1. Where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted to cancel your place on a course up to two weeks before the start date and receive a full refund. Should a cancellation be made between 14-7 days prior to the course start date then a 50% refund will be issued. Finally, should a cancellation be made less than 7 days prior to the course start date then no refund will be issued. 

4.2. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of LVL/UP.

4.3. In the instance that LVL/UP  is forced to cancel due to forced majeure a full refund will be issued. 

5. Fees

5.1. The Fees for the Services shall be as set out on the Website.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are inclusive of VAT or other local taxes, Course Materials and participation in online Course sessions.

5.4. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase.  Fees must be paid in full prior to accessing any Online Course.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and LVL/UP shall not be responsible for these.

5.6. You shall be responsible for all costs you incur in connection with your access onto any Online Course.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although LVL/UP aims to provide the Services to the highest standards of the industry, neither it, nor its Instructors accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, LVL/UP’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit LVL/UP’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by Instructors at the Online Course are, and remain, the intellectual property of LVL/UP or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:-

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course 

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of LVL/UP on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses. 

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

1. fail to pay when due your Fees;

2. Fail to comply with our Code of Good Practice;

3. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of LVL/UP, any Instructor who provides the Online Courses or any participant who attends any Online Course;

4. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services;

5. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Forced Majeure

LVL/UP shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of LVL/UP.

14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.4. We use information such as your session identifiers to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.

14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.6. LVL/UP endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.7. If you wish to change or update the data we hold about you, please email hello@lvluparts.uk.

15. Law and Jurisdiction

This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.

16. Notices

You can contact us via hello@lvluparts.uk

17. Code of Good Practice for Working Online

LVL/UP Courses takes place in a private, password protected Zoom session. Course participants will receive the link and password in advance of each session.

To participate you will need to download Zoom to a computer (select 'Zoom client for meetings' option), tablet or smart phone (you will need to interact with your screen so we don't recommend using a smart TV). Please note that Zoom will be storing your data, here is their privacy policy). Make sure you are familiar with how it works and check if the software needs updating well before the event as it can take time to download.

Zoom uses up a fair amount of bandwidth so you may find it helpful to not run other programmes and downloads at the same as watching this show.

If you are using a tablet you may need to double tap the screen for full view.

17.1 Preparing for the Session

Your background should be clear, appropriate and professional, with no inappropriate or sensitive items in the background, or anything that shares any personal information or your exact location. 

Try to have reduced any clutter behind you and keep a simple background (a plain wall, a potted plant, or a bookshelf works perfectly). 

Position yourself so that most of the light is coming from in front of you (behind your monitor), instead of behind you. If you have a window behind you, shut the blinds. Otherwise, you will be backlit and look silhouetted. 

Try and limit as much outside noise as possible. Find a quiet space to meet, shut the door, and mute yourself as necessary.

Position yourself so the camera is seeing you from the chest or waist up, instead of just seeing your face. This is more natural for the viewer and is especially beneficial if you tend to gesture a lot.

17.2 Arriving at the Session

As part of our safeguarding policy, we can only admit people whose name and email address matches the details they booked with. When registering, use the name and email you booked with, not the details you would usually use to login to Zoom. 

Please try and be ready to join the waiting room a little earlier than the start of the session. If possible, perhaps join around 6.20pm. 

Your camera should remain on throughout the session to encourage better communication and relationship building with fellow participants and your instructor. However we understand there may be moments when you need to briefly turn it off.

17.3 During the Session

Our LVL/UP Intensives are designed to be interactive so that you and your fellow participants are engaging regularly and meaningfully with your Instructor and each other. However as this is an online Course, with a focus on fast learning, the sessions are carefully planned to ensure everything is as clear as possible and that the information and tasks your Instructor is sharing are heard and understood by everyone. So please keep yourself muted unless otherwise instructed. Your Instructor will explain how to use the chat function or to ask questions during the session.

For breaks, it is best for participants not to leave the zoom room; instead, though you may wish to turn off their mic and camera. 

Certain tasks will invoice you being placed in breakout rooms with specific instructions and a set time-limit. Please use this as a chance to exercise your efficiency, communication and time-management skills and complete tasks as effectively as possible in the time allowed.

Chat logs in breakout rooms are specific to that room and are deleted when returning to the main room. Ensure you don’t write anything there they would like to keep.

17.4 Etiquette

Your dress and manner should be reasonable and appropriate for a shared space.

Be polite and act with consideration for other online users and participants of all ages and backgrounds.

Stay on topic, don’t hijack the performance to discuss your own personal agenda or promote your own event.

We won’t tolerate any kind of hate-speech.

17.5 Moderation

By following the etiquette guidelines we aim not to moderate your participation in the performance. But we will remove you or your comments if you break our community standards.

For example:

• Personal attacks, abuse and trolling will not be tolerated;

• Offensive content will be removed;

• We will not tolerate racism, sexism, homophobia, transphobia, ableism or other forms of hate-speech, or contributions that can be interpreted as such;

• Use an offensive screen name (e.g. explicit language) or avatar (e.g. containing nudity);

• Act in a deceptive manner or impersonate any person or organisation;

• Harass or stalk any person;

• Distribute “spam” in any form or use misleading metadata;

• Attempt to collect personal information about others;

• Engage in any unlawful activity;

• Cause or encourage others to do any of the above.

18. Technical FAQs

• I’m not sure how to access the session - what do I do?

In advance of the session you will receive a link and password to register in Zoom. Make sure you use the details you booked with as we are matching registrations against our guest list. If you haven’t received these emails then please get in touch via hello@lvluparts.uk.

• I have access to the Session on Zoom but I’m unable to join. What do I do?

If you’re viewing on your browser rather than in the Zoom app, this may be due to ad blocker software. Try disabling any ad blocker software you have running or try opening the link using a different browser. We recommend using the Zoom app to avoid these issues. Please make sure you have the most up to date version of Zoom downloaded. If you are viewing using the Zoom app or the above steps don’t work, please ensure that you or someone else has not joined using your link. If this is the case they will need to leave the performance space to enable you to join. If you think someone is using your link without your permission, please contact us. 

• I’m joining on my iPad / Tablet and the screen looks cropped - what do I do?

If you are viewing using an iPad or tablet in landscape mode your device will automatically be zoomed in. Please double tap to see the full screen. We also recommend setting your device to ‘Do Not Disturb’ to ensure that notifications don’t interfere with your viewing experience. 

• Can I join from my TV?

Our Sessions are interactive so we recommend using your computer, laptop, phone or tablet for the best possible experience. 

• My internet cut out and my connection to Zoom was lost - what happens next?

There are a couple of moments where the screen will say ‘rejoining’ - this is normal and part of the show. If you lose internet access you will be locked out of the Zoom performance space and you will need to email us straightaway. We will then unlock the performance for a few minutes so you can re-enter the performance space. 

• I have video but no sound - can you help?

Check your speaker is connected and not muted. Below is a link to Zoom’s website where they take you through the steps of testing the sound on your laptop. 

https://support.zoom.us/hc/en-us/articles/201362283- Testing-computer-or-device-audio

• I’m running late for the Session - can I still join?

We will endeavour to check the Waiting Room for late-comers once the Session has begun, however due to the Intensive nature of our Sessions, we cannot guarantee admittance once the Session has started.

• If I miss the Session can I watch it afterwards?

We’re afraid not as Sessions are not recorded.