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Terms of Use

1.  These Terms

1.1  What these terms cover
These are the terms and conditions on which we supply videos and other digital content (‘Videos’) to you.

1.2  Why you should read them
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Videos to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.

2. Information about us and how to contact us

2.1  Who we are
We are Lyonsdown Limited (trading as ‘Business Learning’) a company registered in England and Wales. Our company registration number is 05832927 and our registered office is at 23-29 Hendon Lane, London, England, N3 1RT. Our registered VAT number is GB830519543.

2.2  How to contact us
You can contact us by telephoning our customer service team at 0208 349 4363 or by writing to us at support@businesslearning.com and Lyonsdown Limited, 23-29 Hendon Lane, London, England, N3 1RT.

2.3  How we may contact you
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4  ”Writing” includes emails
When we use the words “writing” or “written” in these terms, this includes emails.

3.  Our contract with you

3.1  How we will accept your order
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2  If we cannot accept your order
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Video(s). This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Video or because we are unable to meet a deadline you have specified.

3.3  Your order number
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Your rights to make changes

If you wish to make a changes to your order, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Video, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

5. Our rights to make changes

5.1  Minor changes to the Videos

We may change the Videos:

(a)  to reflect changes in relevant laws and regulatory requirements; and

(b)  to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Videos.

5.2  More significant changes to the Videos and these terms
In addition, as we informed you in the description of the Videos on our website, we may make changes to these terms or the Videos, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Videos paid for but not received.

5.3  Updates to Videos
We may update or require you to update the Videos, provided that the Video shall always match the description of it that we provided to you before you bought it.

6. Providing the videos

6.1 We will make the Videos available for download by you as soon as we accept your order.

6.2  We are not responsible for delays outside our control
If our supply of the Videos 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 Videos you have paid for but not received.

6.13  What will happen if you do not give required information to us
We may need certain information from you so that we can supply the Videos to you, for example, your email address. If so, this will have been stated in the description of the Videos on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Videos late if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.14  Reasons we may suspend the supply of Videos to you

We may have to suspend the supply of a Video to:

(a)  deal with technical problems or make minor technical changes;

(b)  update the Videos to reflect changes in relevant laws and regulatory requirements; and

(c)  make changes to the Videos as requested by you or notified by us to you (see Clause 6).

6.15  Your rights if we suspend the supply of Videos
We will contact you in advance to tell you we will be suspending supply of the Videos, unless the problem is urgent or an emergency. If we have to suspend the Video for longer than 30 days in any 90 day period we will adjust the price so that you do not pay for Videos while they are suspended. You may contact us to end the contract for a Video if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Video in respect of the period after you end the contract.

6.16  We may also suspend supply of the Video if you do not pay
If you do not pay us for the Videos when you are supposed to (see Clause 12.4) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the Video(s) until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Video(s). We will not suspend the Videos where you dispute the unpaid invoice (see Clause 12.6). We will not charge you for the Video(s) during the period for which they are suspended. As well as suspending the Videos we can also charge you interest on your overdue payments (see Clause 12.5).

7. Your rights to end the contract

7.1  You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Video replaced or a service re-performed or to get some or all of your money back), see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c)  If you have just changed your mind about the Video, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)  In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7.

7.2  Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Videos which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the Videos or these terms which you do not agree to (see Clause 6.2);

(b)  we have told you about an error in the price or description of the Video you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the Videos may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the Videos for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)  you have a legal right to end the contract because of something we have done wrong.

7.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4  When you don’t have the right to change your mind
You do not have a right to change your mind in respect of digital content (including Videos) after you have started to download or stream these.

7.6 How long do I have to change my mind?
If you have bought digital content (including Videos) for download or streaming, you have 14 days after the day we email you to confirm we accept your order, 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.

7.7  Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the Video is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Videos which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Video until 3 March. We will only charge you for supplying the Video up to 3 March and will refund any sums you have paid in advance for the supply of the Video after 3 March.

7. Your rights to end the contract

7.1  You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the Video replaced or a service re-performed or to get some or all of your money back), see Clause 11;

(b)  If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;

(c)  If you have just changed your mind about the Video, see Clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

(d)  In all other cases (if we are not at fault and there is no right to change your mind), see Clause 8.7.

7.2  Ending the contract because of something we have done or are going to do
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Videos which have not been provided and you may also be entitled to compensation. The reasons are:

(a)  we have told you about an upcoming change to the Videos or these terms which you do not agree to (see Clause 6.2);

(b)  we have told you about an error in the price or description of the Video you have ordered and you do not wish to proceed;

(c)  there is a risk that supply of the Videos may be significantly delayed because of events outside our control;

(d)  we have suspended supply of the Videos for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

(e)  you have a legal right to end the contract because of something we have done wrong.

7.3  Exercising your right to change your mind (Consumer Contracts Regulations 2013)
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4  When you don’t have the right to change your mind
You do not have a right to change your mind in respect of digital content (including Videos) after you have started to download or stream these.

7.6 How long do I have to change my mind?
If you have bought digital content (including Videos) for download or streaming, you have 14 days after the day we email you to confirm we accept your order, 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.

7.7  Ending the contract where we are not at fault and there is no right to change your mind
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the Video is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for Videos which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the Video until 3 March. We will only charge you for supplying the Video up to 3 March and will refund any sums you have paid in advance for the supply of the Video after 3 March.

8.  How to end the contract with us (including if you have changed your mind)

8.1  Tell us you want to end the contract
To end the contract with us, please let us know by doing one of the following:

(a)  Phone or email. Call customer services on [NUMBER] or email us at [ADDRESS]. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)  By post. Print off the [form INSERT LINK TO PRINTABLE FORM] and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

8.2  Deleting Videos after ending the contract
If you end the contract for any reason after Videos have been made available to you or you have received them, you must delete them.

8.3  How we will refund you
We will refund you the price you paid for the Videos including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.4  Deductions from refunds if you are exercising your right to change your mind
If you are exercising your right to change your mind, where the Video is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.5  When your refund will be made
We will make any refunds due to you as soon as possible.

9. Our rights to end the contract

9.1 We may end the contract if you break it

We may end the contract for a Video at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Videos, for example, your email address; or

(c) you do not, within a reasonable time, allow us to deliver the Videos to you.

9.2 You must compensate us if you break the contract
If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for the Videos we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract.

9.3 We may withdraw the Video
We may write to you to let you know that we are going to stop providing the Videos. We will let you know at least 2 months in advance of our stopping the supply of the Videos and will refund any sums you have paid in advance for Videos which will not be provided.

10. If there is a problem with the videos

10.1  How to tell us about problems
If you have any questions or complaints about the Videos, please contact us. You can telephone our customer service team at 0208 343 4363 or write to us at support@businesslearning.com and Lyonsdown Limited, 23-29 Hendon Lane, London, England, N3 1RT.

10.2  Summary of your legal rights
We are under a legal duty to supply Videos that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Video. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

a) If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

b) If your digital content is faulty, you’re entitled to a repair or a replacement.

c) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

d) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also Clause 8.3.

11.  Price and payment

11.1 Where to find the price for the Videos
The price of the Video (which excludes VAT unless indicated otherwise) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Video advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the Video you order.

11.2 We will pass on changes in the rate of VAT
If the rate of VAT changes between your order date and the date we supply the Video, we will adjust the rate of VAT that you pay, unless you have already paid for the Video in full before the change in the rate of VAT takes effect.

11.3  What happens if we got the price wrong
It is always possible that, despite our best efforts, some of the Videos we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Video’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Video’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Videos provided to you.

11.4  When you must pay and how you must pay
We accept payment with [credit card, debit card and [insert other payment methods]. When you must pay depends on what product you are buying. For Videos and digital content, you must pay for the products before you download them.

11.5  We can charge interest if you pay late
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.6  What to do if you think an invoice is wrong
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12. Our responsibility for loss or damade suffered by you

12.1  We are responsible to you for foreseeable loss and damage caused by us
If we fail to comply with these terms, we may be responsible, to the minimum extent permitted by law, 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.

12.2  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 Videos including the right to receive Videos which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective Videos under the Consumer Protection Act 1987.

12.3  When we are liable for damage to your property
If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.

12.4  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.

12.5  We are not liable for business losses
We only supply the Videos for domestic and private use. If you use the Videos 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.

13. How we may use your personal information

13.1  How we may use your personal information
We will only use your personal information as set out in our privacy policy which is available here: http://www.lyonsdown.co.uk/privacy-policy/

14. Other important terms

14.1  We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for Videos not provided.

14.2  You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we believe the transfer would have an adverse effect on us or our business in any way.

14.3 Nobody else has any rights under this contract
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5  Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Videos, we can still require you to make the payment at a later date.

14.6  Which laws apply to this contract and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the Videos in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Videos in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Videos in either the Northern Irish or the English courts.

The schedule

Model cancellation form

(Complete and return this form only if you wish to withdraw from the contract)

To [LYONSDOWN LIMITED, 23-29 HENDON LANE, LONDON, ENGLAND, N3 1RT, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

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