Dot Native Terms and Conditions
Dot Native is brought to you by The ADBL (Academy of Digital Business Leaders), both of which are trading names of AVADO Learning Limited. In these terms and conditions, “Dot Native” means AVADO Learning Limited who will provide the Training and associated learning material through the Dot Native subscription by means of access to the Online Learning Environment and Site(s). In these terms and conditions “we” means AVADO Learning Limited and “our” and “us” shall have the corresponding meaning; “you” shall mean you the customer and “your” shall have the corresponding meaning.
Contact details:AVADO Learning Limited. Registered in England with company number 6177616. Registered Office address: Landmark House, Hammersmith Bridge Road, London W6 9EJ. Contact details: firstname.lastname@example.org, 020 7173 5870.
1.1 In these Terms and Conditions (“Terms“) unless specified the following words shall have the following meanings:
“Brochure” means our brochure used to describe and promote the Training. If no separate document available, the information on the Site about Dot Native courses and services acts as the Brochure;
“Consumer Cancellation Period” means a period of up to 14 calendar days from the first payment of a Dot Native Subscription, during which you are entitled to cancel your Subscription and receive a full refund, as per statutory rights.
“Cancellation Notice Period” means the 28-day period of advance notice you are required to give Dot Native in order to cancel your access and cease future payments, outside of the Consumer Cancellation Period.
“Course” means the Dot Native course(s) as described on the Site and in the Brochure, and consists of associated Materials and Services and forms part of the Training;
“Fee” or “Fees” means the Price payable by you to access the Training, on a recurring (monthly) or one-off basis (in the case of promotional offers which may occur from time to time);
“House Rules” means the House Rules as defined in the Online Learning Environment.
“Intellectual Property Rights” means patents, designs, trademarks, service marks, trade names, logos, get-up, domain names, copyright (including rights in computer software), database rights, rights in performances, moral rights, confidential information and know-how, whether registered or not including applications for registration and all similar forms of protection anywhere in the world;
“Materials” means teaching materials of any nature whether physical or electronic which are used in the delivery of the Training;
“Member” means a user of the Site who has registered for access to the Online Learning Environment;
“Member Output” means any content that is produced by a registered User on the Online Learning Environment, including but not limited to forum posts, blog entries, videos, graphics, copy, quotes, potential names/trademarks, research and audio recordings;
“Online Access” means access to our online learning community and online learning material (the “Online Learning Environment“);
“Online Learning Environment“; means the our online learning community and online learning material;
“Order” means an order submitted by you to us to procure access to the Online Learning Environment, which includes access to Training, including Courses;
“Payment Date” means the date the initial payment is made, either the first of monthly payments or a one-off payment as part of a promotional offer;
“Price” means the price of the Training confirmed in the Order (including VAT where applicable);
“Promotional Offer” means a conditional offer made available for set periods of time, typically related to price of and access to the Dot Native Training;
“Respectful Behaviour Policy” means the behaviour policy as defined in the Online Learning Environment;
“Site” means the our website(s) used to describe, to promote and to access the Training (www.dotnative.com) including the Online Learning Environment;
“Start Date” means the date of registration onto the Dot Native platform, and as confirmed in the Order;
“Subscription” means the purchase of access to the Online Learning Environment through payment of the payment of the agreed price, as stated in the Order;
“Subscription Period” means a period of 12 months from the date of the initial purchase as stated in the Order;
"Third Party Material" means anybody we have a partnership with; current and up and coming third parties we may do business with and/or partner with to create content; and content owned by 3rd parties to which Dot Native may signpost Users and Members towards including but not limited to websites, blog posts, social media, documents, videos, podcasts, quotes, potential names/trademarks;
“Training” means Dot Native courses and other learning material and functionality within the Online Learning Environment as described on the Site and in the Brochure, and consists of associated Materials and Services and Online Access;
“Tutor” means an individual(s) appointed by us to deliver Training;
“Tutor” means an individual(s) appointed by us to deliver Training;
“Tutor Support” means the tuition relating to the Course and is provided by tutors appointed by us;
“User” means someone using the Site, regardless of whether they have registered to become a Member or not;
“VLC” means Virtual Learning Campus, which forms part of the Online Learning Environment.
2.1 These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with the Training ordered by you. You should understand that by ordering the Training you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2 These Terms shall govern the sale to you of the Training from us as well as the provision to you of the Training by us.
2.3 By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
2.4 You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately if there are any changes in the details which you provided to place and confirm an Order.
2.5 We reserve the right to: (a) suspend or terminate access to Online Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Brochure or Site at any time; (c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default); (d) amend these Terms and Conditions. The latest Terms and Conditions will be available at http://www.dotnative.com/assets/terms.php
3. Order and delivery of the training
3.1 An Order shall be deemed to be an offer by you to purchase the Training on these Terms, which we shall be free to accept or decline at our absolute discretion.
3.2 A Dot Native Subscription Period is deemed to be a period of 12 successive calendar months, as outlined in the Order. The subscription can be cancelled at any time for no extra charge, provided 28 days notice of cancellation is given in writing (including email) to Dot Native.
3.3 We will grant Online Access and send login details to the last email address provided to us. Proof of delivery of login details (or use of the Online Learning Environment) will bind you to these Terms.
4.1 The Price for the Training must be paid prior to the Start Date or as otherwise defined in the Order. Exceptions for this may occur from time to time, as notified to you, as part of promotional offers where access may be granted (Start Date) prior to payment (Payment Date). In all circumstances, details of payment must be provided prior to the Start Date.
4.2 Payments are to be made by debit/credit card (Visa and MasterCard). For purchases made by a business, an invoice payment option is available. All invoice payments are to be paid within thirty (30) calendar days from the date of the invoice, unless otherwise specified in the Order. Unless otherwise specified in the Order, payments are to be made in UK Pound Sterling currency.
4.3 Unless otherwise specified in the Order, payments are to be made in UK Pound Sterling currency.
4.4 The payment schedule for a subscription (Membership) to Dot Native is the Price payable on a recurring monthly basis, unless otherwise specified such as in promotional offers.
4.5 Payments are charged in advance, so a monthly payment will be charged on the first day of a 30-day period of access to the Online Learning Environment. Payments for the subsequent months will only be charged on the first day of access for each 30-day period.
4.6 Online Access and access to associated Services and Materials are dependent on payments defined in the Order.
4.7 Subject to clause 11.1 below, if you fail to make payments on time as defined in the Order, we may suspend Online Access and associated Services and Materials until appropriate payment has been received.
4.8 The Price for the Training is defined in the Order and available on our Site. Prices are liable to change at any time, but changes will not affect Orders already accepted in accordance with Clause 3.
4.9 For the avoidance of doubt, all members shall pay all subscription fees irrespective of actual usage of the Online Learning Environment.
4.10 At the end of the Subscription Period, if you purchased by debit or credit card we will automatically renew your subscription for a further 12 months. We will notify you in advance in writing of this automatic renewal. The renewal price will be the price at the time of renewal and won't include any promotional offer your previous subscription was purchased under. If you wish to cancel your subscription at any time you may do so under the terms and conditions set out in Clause 5.
5.1. If you are acting as a consumer as defined in the Consumer Contracts Regulation 2014, you have a statutory right to cancel within 14 calendar days of the date of purchase as long as you have not yet accessed the relevant Training (logged into the Online Learning Environment).
5.1.1 Accordingly, you may validly cancel an Order during the period up until the end of 14 calendar days from the date of purchase (“Consumer Cancellation Period“), as long as you have not yet accessed the relevant Training (logged into the Online Learning Environment).
5.1.2 If you are acting as a consumer and validly cancel any contract for Services within the Consumer Cancellation Period we shall refund to you any payment already received for the Training.
5.1.3 If you are acting as a consumer and cancel an Order outside the Consumer Cancellation Period, any payment already received for the relevant Training shall be non-refundable, regardless of whether you have access the Training (logged into the Online Learning Environment) or not.
5.1.4 If you wish to cancel an Order outside the Consumer Cancellation Period, you can do so at any time within the 12 month Subscription period, but must give 28 calendar days notice (the ‘Cancellation Notice Period’), by contacting our ‘Community Support’ department in writing, either by email (email@example.com) or in writing to our registered address.
5.1.5 For the avoidance of doubt, payments scheduled to be charged to you within 28 calendar days from the date of us receiving your notice to cancel outside the Consumer Cancellation Period, will still be charged and are non-refundable. Payments scheduled to be taken after the 28 calendar days notice period, will not be charged.
5.1.6 During the Cancellation Notice Period you will still have access to the Online Learning Environment, providing previous payments have been made (see clauses 4.6 and 4.7)
5.2 If you are not acting as a consumer, you may cancel an Order during the period up until the end of 14 calendar days of the date of purchase as long as you have not yet accessed the relevant Training (logged into the Online Learning Environment).
5.2.1 If you are not acting as a consumer and validly cancel an Order during the period up until the end of 14 calendar days of the date of purchase as, we shall refund to you any payment already received for the relevant Training, as long as you have not yet accessed the relevant Training (logged into the Online Learning Environment).
5.2.2 If you are not acting as a consumer and cancel an Order after 14 calendar days from the date of purchase, any payment already received for the relevant Training shall be non-refundable, regardless of whether you have access the Training (logged into the Online Learning Environment) or not.
5.2.3 If you wish to cancel an Order after 14 calendar days from the date of purchase, you can do so at any time within the 12 month Subscription period, but must give 28 calendar days notice, by contacting our ‘Community Support’ department in writing, either by email (firstname.lastname@example.org) or in writing to our registered address.
5.2.4 For the avoidance of doubt, payments scheduled to be charged to you within 28 calendar days from the date of us receiving your notice to cancel outside the Consumer Cancellation Period, will still be charged and are non-refundable. Payments scheduled to be taken after the 28 calendar days notice period, will not be charged.
5.3 If you wish to cancel an Order you should, as soon as possible, contact our ‘Community Support’ department by telephone (020 7173 5870), by email (email@example.com) or in writing to our registered address.
5.4 In the case where a refund to you is due, we will process such refund as soon as possible and, in any case, within fourteen (14) days of the day you have given notice of your cancellation.
5.5 After the Cancellation Notice period has expired, your Online Access will be terminated.
6.1 By accepting these Terms, you also agree to the provision by us of the Services set out in this Clause 6.
6.2 We may sub-contract our obligations under these Terms to any other party. The sub-contracting by us of any of our obligations under these Terms shall not in any way relieve us of our liabilities and obligations to you.
7. Online access
7.1 Training is provided via the Online Learning Environment. Whilst accessing the Online Learning Environment you agree to abide by the rules of the Online Learning Environment set out therein from time to time. We reserve the right to cease or suspend access to the Online Learning Environment in the event that you breach any of these Terms or the rules of the Online Learning Environment.
7.2 You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose to gain Online Access remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us immediately.
7.3 We do not warrant that the Online Access will be uninterrupted or error-free or that defects therein will be corrected.
7.4 Where Online Access is granted by us you agree that: (a) the licence granted to you to access the content on the Online Learning Environment shall be personal to you and you should take all reasonable precautions to ensure that your log-in details are kept secure and not provided to any other party. You shall comply at all times with the rules of the Online Learning Environment as applicable from time to time; (b) upon termination or in circumstances where payment has not been received by us in respect of the Training in full we may suspend or terminate your Online Access.
8. Intellectual property rights
8.1 The Intellectual Property Rights in the Training, Materials and the Online Learning Environment are owned by and shall remain vested in us and our licensors.
8.2 The Intellectual Property Rights in the Student Output shall be owned by and shall remain vested in us and our licensors.
8.3 Save as expressly stated in these Terms, you shall not acquire any interest in any of the Intellectual Property Rights in the Training, Materials, Online Learning Environment or Member Output.
8.4 By agreeing to these Terms we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Training and Member Output only for your own personal use and for completing the Training.
8.5 You agree that you will not rent, lease, sub-license, loan, copy, modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Training or use (other than as permitted under these Terms) reproduce or deal in the Training or any part thereof in any way.
9. Links to Third Party Content
9.1 Links to Third Party content, in the ‘Best Practice’ section of the Site.
9.1.1 Dot Native signposts Users and Members to Third Party content in the ‘Best Practice’ section of the Site. This means you will leave Dot Native’s Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.
9.1.2 Dot Native offers links to other third party websites that may be of interest to our website visitors. When you click on these links you will leave Dot Native’s Site and will be redirected to another site. These sites are not under the control of Dot Native.
9.1.3 Dot Native is not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
9.1.4 The security and privacy policies on these sites may be different to Dot Native policies, so we suggest you read third party privacy and security policies closely.
9.1.5 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
9.2 Links to Third Party content, in the ‘Insights & Talks’ section of the Dot Native Site.
9.2.1 Dot Native offers links to other third party websites that may be of interest to our Users and Members. These sites provided within Dot Native are not under the control of Dot Native.
9.2.2 Dot Native is not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
9.2.3 The security and privacy policies on these sites may be different to Dot Native policies, so we suggest you read third party privacy and security policies closely.
9.2.4 If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
9.3 The Online Learning Environment contains signposting to third party content and also contains views of members. Any third party content or views of members are their responsibility and opinions, not Dot Native’s.
10. Use of your data
10.1 Any personal information collected by us will be used by us in accordance with the Data Protection Act 1998. We will take reasonable & appropriate measures to keep personal information secure. Any disclosures of information will be made only with your permission, unless requested by law enforcement. We may use your personal details, such as name, e-mail address, home address and telephone number to contact you for any matter relating to other services in which we feel you may be interested in. We will process the data which you provide to us, or other information that we obtain about you during any of our dealings with you, to provide credit, to help us make credit decisions about you, to prevent fraud, to check identity, to prevent money laundering and to assess your application, to administer the Agreement, to collect installments on our behalf ( via a 3rd party collection agency). If you wish to be removed from this list at any time please send written request to our registered office address.
11.1 We may terminate the agreement set out in these Terms if: (a) you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to suspend the provision of the Services to you and your Online Access until such a breach has been remedied; (b) you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986); (c) you carry out any unauthorised act with regard to the Training which infringes our Intellectual Property Rights.
11.2 You will be entitled to terminate the agreement set out under these Terms under Clause 5 above.
11.3 If either party terminates the agreement set out in these Terms, you must (a) return any copies of the Materials to us and delete or destroy any copies thereof in your possession; and (b) cease using the Services and Online Access immediately.
12. Limitation of liability
12.1 Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: (a) death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
12.2 Other than in respect of liability referred to in Clause 12.1 (a) to (d), we shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.3 The information in our Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
12.4 We cannot guarantee that the Online Learning Environment or the Materials are free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the Online Learning Environment or using the Materials. Technical inaccuracies and typographical errors may appear in the Materials and on the pages of the Online Learning Environment from time to time.
12.5 We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
12.6 We reserve the right to change prices, information and specifications relating to the Training from time to time subject always to our commitments set out in Clause 4 above.
12. Other terms
13.1 These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 If we fail, at any time, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.4 Any notices required to be served on us shall be served at our Registered Office. We may give notice to you at either the e-mail or postal address you provide to us when placing an Order, or we may post the notice on our Site (where of general application). Notice will be deemed received and properly served immediately when posted on our Site, twenty-four (24) hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13.5 If you wish to make a complaint you should contact our ‘Community Support’ department by telephone (020 7173 5870), by email (firstname.lastname@example.org) or in writing to our registered address.
13.6 Members are expected to conduct themselves at all times in a manner which demonstrates respect for fellow members, our staff, us and our licensors. We reserve the right to remove access for any member from the Training (at any time and without refund) if they are found to be in breach of the House Rules or Respectful Behaviour Policy (both policies can be found on the Online Learning Environment or by request to our ‘Community Support’ department).
13.7 The agreement set out in these Terms is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the agreement set out in these Terms, or any of your rights or obligations arising under it. We may transfer, assign, charge, sub-contract or otherwise dispose of the agreement set out under these Terms, or any of our rights or obligations arising under it, at any time during the term of the agreement set out under these Terms.
13.8 These Terms are governed by English law. Any dispute arising from, or related to, these Terms shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
AVADO Learning Limited shall collect personal information from you through the use of the registration form(s) and when you e-mail your details to AVADO Learning Limited. AVADO Learning Limited shall also collect information automatically when you visit the Website (which information shall only be used in a depersonalised form to provide demographic data, browsing patterns and similar aggregate analysis results).
Use and Disclosure of Personal Information
AVADO Learning Limited processes personal information collected via this website, phone and written correspondence for the purposes of:
- providing a personalised service to you;
- conducting market research surveys; and
- keeping you informed (by telephone, post, live chat or e-mail) of selected products and services available from Dot Native, general news about Dot Native and special offers.
We may also use your information, or permit selected third parties (including, without limitation, companies within our group) to use your information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post, or telephone. Please let us know if you would prefer not to receive this information.
By submitting your details you agree that you are interested in more information about the range of courses provided by Dot Native, The ADBL, Home Learning College and AVADO Learning Limited; you agree that we may call you regarding your enquiry. You understand you are under no obligation at any time.
We reserve the right to publish and claim rights over all content provided to Dot Native, The ADBL, Home Learning College and AVADO Learning Limited websites by its users. By using the Dot Native website, you also agree that the website can use all content submitted by you in any media. If you wish to remove specific content you have submitted, a removal request may be sent by writing to AVADO Learning Limited.
Although AVADO Learning Limited use “cookies” when you visit the Website this is only to assist you in your research of course products and services. Any “cookie” created will expire within a short prescribed period of time. For more information, please review our Cookies Policy.
The Internet is not a secure medium of communication and AVADO Learning Limited cannot guarantee the security of any information you input on this Website or e-mail to Dot Native, The ADBL, Home Learning College or AVADO Learning Limited.
Limitation of Liability and Disclaimer
The content on this Website is for your general information only.
Any hypertext link to any other Website is for information purposes only and such links do not constitute an endorsement by Dot Native, AVADO Learning Limited or Home Learning College of any products and services advertised on such websites. The use of any link is entirely at your own risk and AVADO Learning Limited accepts no responsibility for the material on or the use of such websites. AVADO Learning Limited has not attempted to verify the truth or accuracy of any material displayed in such websites.
All implied warranties are excluded in relation to your use and/or access of this Website to the maximum extent that the law allows.
AVADO Learning Limited does not guarantee or warrant that the Website is free from infection by viruses or anything else that may have contaminating or destructive properties. AVADO Learning Limited excludes any liability for any errors in or omissions from the Content.
Changes to these Terms and Conditions
AVADO Learning Limited reserves the right at its absolute discretion to make changes to any part of this Website including the Content any time without notice.
AVADO Learning Limited trading as AVADO Learning Limited. Registered in England with number 06177616.
Registered office address:AVADO Learning Limited, 1 Hammersmith Broadway, London, W6 9DL
Telephone: 020 7173 5870;
Email: enquiries@AVADO Learning Limitedlearning.com
VAT registration number: 918560018.
Authorised and regulated by the Financial Conduct Authority -Firm Reference Number 718054.