Terms & Conditions

These Terms and Conditions of Thinking Giving Online Courses (“Online Courses”), which incorporate by reference the Terms and Conditions of Website Use and which are subject to any Additional Online Terms and Conditions (if any) (together, the “Online Terms”), apply to the sale of any Online Course. Please read the Online Terms carefully before purchasing an Online Course and print off a copy for your records. By ordering an Online Course, you are confirming your agreement to be bound by the Online Terms.

Online Course Provider
1. Online Courses are provided by ThinkingGiving CIC (hereinafter referred to as “ThinkingGiving”, “we” or “us”), a Community Interest Company incorporated in England and Wales with company number 13670817 and with its registered office at 71 Courtfield Gardens, London SW5 0NJ. www.thinkinggiving.org.uk is operated by ThinkingGiving CIC.
2. We will use our reasonable endeavours to provide the Online Courses advertised by ThinkingGiving.
3. We will provide the Online Courses using reasonable care and skill.
4. We may appoint independent sub-contractors to assist in providing Online Courses or use third parties to arrange or supply certain aspects of, or services in connection with, our Online Courses. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors and third-party suppliers to provide reasonable services related to the Online Courses. You agree that ThinkingGiving is not responsible for the actions or omissions of such sub-contractors or third-party suppliers.
Definitions
1. Capitalised terms used herein (and not otherwise defined) have the following meanings:
  - “Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by ThinkingGiving with a particular user;
  - “Course Fee” means the fee payable for an Online Course.
  - “Course Materials” means the materials provided by ThinkingGiving in the course of the delivery of any Online Course.
  - “Online Study Materials” means any material in an electronic format which may be (i) downloaded from the Website or (ii) accessed and viewed on the Website, including, but not limited to, PDFs, MP3s, JPEGs, MPEG4s and MOVs;
  - “Website” means www.thinkinggiving.org.uk or any other domain operated by ThinkingGiving; and
  - “you” means the individual purchasing the Online Course.
2. The use of singular words herein also includes the plural.
Purchasing and Confirmation
1. In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate.
2. When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms.
3. A legally binding agreement shall only come into existence once:
  1. ThinkingGiving has accepted your offer to purchase an Online Course has received from you (or on your behalf) the Course Fee in cleared funds.
4. Your purchase offer and the order confirmation email constitute the entire agreement between us (the “Contract”). You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise, or statement made or given by us or on our behalf, which is not set out in the Contract.
5. You must check the details on the order confirmation email when you receive it. If there are any errors, please contact us immediately at info@thinkingiving.org.uk.
6. We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise, and we will return any payment accompanying your purchase offer.
7. Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on the Website and/or in any Brochure.
Payment
1. The Course Fee for any Online Course at any given time will be displayed on the Website and/or in a Brochure or Advertisement.
2. All amounts are payable in Pounds Sterling. Any currency conversion costs, or other charges incurred in making a payment shall be borne by you and shall not be deductible from the amounts due to ThinkingGiving.
3. The Course Fee will be accepted by the third-party payment platform Stripe.
4. In the unlikely event that your purchase offer was accepted at a time when the amount of the Course Fee displayed on the Website and/or in any Brochure is incorrect, ThinkingGiving will notify you as soon as it reasonably can. If the correct amount of the Course Fee is higher than the amount displayed on the Website and/or in any Brochure, then ThinkingGiving will contact you to notify you of the correct Course Fee, so you can decide whether or not you wish to continue with your order of the Online Course at the increased Course Fee. If you decide that you would like to cancel your order, ThinkingGiving will give you a full refund in respect of any amount you have already paid. If the correct Course Fee is lower, ThinkingGiving will refund you the difference between the amount which you have paid and the correct Course Fee payable.
Cancellation
1. According to UK Government Guidelines for Online and Distance Selling, once your payment has been accepted and you log into the Online Course for the first time, you will be considered to have made an “instant download” and not be entitled to any refund if you cancel your order. Your statutory rights in the event of receiving faulty goods are not affected.
Online Course content and Access terms
1. The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.
2. As soon as your payment has been cleared by Stripe, you will have unrestricted access to the Online Course unless it is removed.
3. The receipt of an Online Course is personal to you and, unless otherwise agreed by ThinkingGiving pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
4. You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.
5. We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a user is found to be in contravention of the access rules (set out in Clauses 12.1-12.3), we may terminate a user’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
Modifications to Online Courses or technology enhancements
1. From time to time, ThinkingGiving may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
2. Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
Technical Support and Access
1. If you are unable to access an Online Course, ThinkingGiving will use reasonable endeavours to provide a solution where ThikingGiving has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software, or settings thereof, ThinkingGiving may, in its discretion, provide assistance to help you resolve the issue, but we cannot guarantee that any assistance provided will resolve your issue.
2. You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
3. ThinkingGiving will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. ThinkingGiving reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs, or upgrades to improve the performance or functionality of the Website.
4. You also accept and acknowledge that ThinkingGiving cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
  1. the operation of the internet and the world wide web, including but not limited to viruses;
  2. any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
  3. failures of telecommunications links and equipment; or
  4. updated browser issues.
Warranties
1. ThinkingGiving will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant Brochure.
2. ThinkingGiving expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. ThinkingGiving does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course.
3. ThinkingGiving does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
4. ThinkingGiving does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
5. All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Limitation of liability
1. The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
2. Except as set out in the Online Terms, ThinkingGiving shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
  1. indirect or consequential losses;
  2. loss of income or revenue;
  3. loss of business;
  4. loss of anticipated savings; or
  5. loss or corruption of data.
3. ThinkingGiving is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.
4. Save as otherwise set out in this section “Limitation of liability”, ThinkingGiving’s maximum aggregate liability to you for any claims that you may have against ThinkingGiving for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
5. ThinkingGiving will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond ThinkingGiving’s reasonable control. This condition does not affect your statutory rights.
6. Each provision in this Clause 10 shall be construed separately as between you and ThinkingGiving. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
Disclaimer
1. The Online Courses are for training purposes only. ThinkingGiving will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
2. Individuals, charities, and other entities referenced in the Online Course are named for illustrative purposes only. No endorsement of or recommendation to support these organisations is implied by such illustrations.
Intellectual Property
1. At all times, ThinkingGiving and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means without the prior written permission of ThinkingGiving.
2. In consideration of receipt by ThinkingGiving of the Course Fee, ThinkingGiving grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual user only.
3. Save as expressly set out in the Online Terms or as otherwise agreed by ThinkingGiving pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile, or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either ThinkingGiving’s copyright or ThinkingGiving’s other intellectual property rights, and/or the copyright or other intellectual property rights of ThinkingGiving’s licensors.
Data Protection
1. ThinkingGiving will process the information it receives from you or otherwise holds about you in accordance with the Online Terms and its privacy policy. You consent to the use by ThinkingGiving of such information in accordance with ThinkingGiving’s privacy policy.
2. In the event that you do not wish to receive marketing correspondence from ThinkingGiving, a written request or email should be sent to the contact details set out in Clause 17.
Changes by Us
1. An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.
Inconsistency of Terms
1. If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
  1. the Additional Online Terms and Conditions;
  2. the Terms and Conditions of Online Courses; and
  3. the Terms and Conditions of Website Use.
General
1. ThinkingGiving reserves the right to recover any reasonable debt collection costs in connection with the Online Terms.
2. ThinkingGiving may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
3. You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by ThinkingGiving pursuant to Additional Online Terms and Conditions.
4. ThinkingGiving may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
5. No failure or delay by ThinkingGiving in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by ThinkingGiving in writing.
6. If any of the Online Terms are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
7. Any notices required to be served on you by ThinkingGiving under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to ThinkingGiving, respectively. Any notices required to be served on ThinkingGiving by you will be deemed properly served if sent by email or post to the address set out in Clause 17.
8. A notice sent by post is deemed to be given on the day it was posted as evidenced by the sender. A notice sent by email is deemed to be given on the day it was sent.
9. The Contract between you and ThinkingGiving will be concluded in English only.
10. The Contract between you and ThinkingGiving is not intended to be for the benefit of any third party and shall not be exercised by any other person under the Contract (Rights of Third Parties) Act 1999 or otherwise.
11. The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of England and Wales. You agree to submit to the exclusive jurisdiction of the English Courts to settle any disputes which may arise out of or in connection with the Online Terms.
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