Terms and Conditions

Our Terms & Conditions

Terms and Conditions Governing Website Use

Your use of the Site is subject to these terms and conditions. By using the Site, you will be deemed to have accepted and agreed to be bound by these terms and conditions.

This website, including all of its features and content (“Site”) is made available by Rise and Learn Limited or its affiliates/nominees (“we or us”) and all content, information, services and software provided on or through this Site (“Content”) is subject to the following terms and conditions (‘Terms’).

  1. Right to access. As a user of this Site you are granted a nonexclusive, nontransferable, revocable, limited right to access and use the Site and Content in accordance with these Terms. We may terminate this right at any time for any reason without notice.
  2. Limitations on Use/ Third Party Communications.

2.1. Except where otherwise agreed to by us, the Content on this Site is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. The use of any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users is prohibited. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Content without our prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Unauthorised use of this Site or its Content is prohibited.

2.2. We have no liability for any third party communications you may receive or any actions you may take or refrain from taking as a result of any third party communication you receive on the Site. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third party communications. We are not responsible for verifying, and make no representations or warranty regarding any third party communications on the Site.

  1. Unless otherwise indicated on the Site, the Content provided on the Site is not intended to create any professional liability on our part and no professional – client relationship is automatically formed through use of the Site. Submissions or Postings to the Site are not confidential. We do not warrant or guarantee the accuracy, completeness or adequacy of the Content. Your use of Content on the Site or materials linked from this Site is at your own risk.
  2. Intellectual Property Rights.

4.1 Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third party any license or right, to intellectual property rights in the Content or the Site. 

4.2 You grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorise use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, “Postings”) to the Site. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.

4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to us a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 4.2 of these Terms and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.

4.5. By submitting Postings to this Site, you acknowledge and agree that we may create our own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary or other right in the Postings you submit.

  1. You may provide links to this Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Site, including any advertisements, Terms, copyright notice, and other notices on this Site, (b) you immediately deactivate and discontinue providing links to this Site if requested by us, and (c) we may deactivate any link(s) at our discretion.
  2. You shall not make any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without our express written permission. Notwithstanding the foregoing, in any interactive areas of this Site (the “Interactive Areas”), which includes, without limitation, any blogs, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own Site’s uniform resource locator (URL) and b) may recommend third party Sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended Site, product or service or its recommendation.
  3. Certain sections of this Site may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform us of any changes to that information. Unless otherwise agreed to and/or indicated by us (on the Site), each registration is for a single individual only, unless specifically designated otherwise on the registration page. We do not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorised use, you must notify us immediately in writing to admin@riseandlearn.org.
  4. Postings.

8.1. You may not post, publish, upload, email, attach or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, infringe the rights of any party, or give rise to liability or violation of any applicable law. We may delete your Postings at any time for any reason without permission from you.

8.2. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.

8.3. We do not monitor or screen Postings and are not responsible for the content in such Postings or any content linked to or from such Postings.

  1. We do not represent or warrant that the Site, Content or Postings will be error-free, accurate, up to date, reliable, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We may make improvements and/or changes to the Site or the Content at any time.
  2. Third party content (including, without limitation, Postings) may appear on the Site or may be accessible via links from this Site. We are not responsible for and have no liability in respect to any third party content on the Site.
  3. DISCLAIMER. THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
  4. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. WE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE ACTUAL LOSS SUFFERED WITHOUT ANY INTEREST WHATSOEVER.
  5. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you or arising from or related to any Postings uploaded or submitted by you.
  6. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of us and our officers, directors, employees, agents, advisors, licensors, suppliers, and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
  7. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, Internet Protocol (IP) addresses and traffic information.
  8. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Sites operated by us or our affiliates and their features.
  9. This Agreement, and any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the Laws of Kenya. The parties irrevocably agree that Kenyan courts shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with this Agreement (including non-contractual disputes or claims).
  10. Privacy Policy: your use of this Site is subject to our Privacy Policy which is incorporated by reference to these Terms.
  11. These Terms incorporate by reference any notices contained on this Site, and the Privacy Policy (the ‘Additional Terms’). If any provision of these Terms is unlawful, void or unenforceable, or conflicts with the Additional Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms, if you have a separate signed written agreement with us that applies to your use of any of our Content, that agreement constitutes the entire agreement between you and us with respect to the affected Content only.
  12. Amendments and variations to Terms. We reserve the right to amend/vary these Terms at any time. Updated versions of the Terms will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.
 

 

Terms and Conditions Governing Our Online Courses 

These Terms and Conditions of 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.

1. Online Course Provider

1.1  The Online Courses are provided by Rise and Learn Limited and our partners.

1.2   We will use our reasonable endeavours to provide the Online Courses advertised by Rise and Learn Limited.

1.3   We will provide the Online Courses using reasonable care and skill.

1.4    We may appoint independent sub-contactors 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 Frontier Bushcraft is not responsible for the actions or omissions of such sub-contractors or third party suppliers.

2. Definitions

2.1 Capitalised terms used herein (and not otherwise defined) have the following meanings:

“Additional Study Materials” means any Online Study Materials or Physical Study Materials not included in the Course Fee.

“Additional Online Terms and Conditions” means any additional terms and conditions relating to an Online Course agreed in writing by Rise and Learn Limited with a particular student;

 “Brochure” means any online or hard copy material produced by Rise and Learn Limited that provides detailed information with respect to the Online Courses;

“Course Fee” means the fee payable for an Online Course but excludes any delivery charges payable in relation to the delivery of Course Materials, if applicable, and any import duties, taxes and customs clearances which may be payable;

“Course Materials” means the materials provided by Rise and Learn Limited in the course of the delivery of any Online Course, which may be (i) Online Study Materials and/or (ii) Physical Study Materials;

“On Demand Online Course” means an online course which does not have a predetermined start date and is available for study by you immediately following delivery by Rise and Learn Limited;

“Online Course” means either an On Demand Online Course or a Scheduled Online Course provided by Rise and Learn Limited;

“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;

“Physical Study Materials” means any material in a physical format, including, but not limited to, DVDs, CD Rom, Blu-ray, and Audio CDs;

“Scheduled Online Course means an online course which is only available for access by you on a predetermined start date;

“Terms and Conditions of Website Use” means the terms and conditions pursuant to which you may access the Website and which can be found [here].

“Website” means www.onlinebushcraftcourses.com or any other domain operated by Rise and Learn Limited; and

“you” means the individual purchasing the Online Course.

2.2               The use of singular words herein also include the plural.

3. Purchasing and Confirmation

3.1  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.

3.2  When you place an order for an Online Course, you are offering to purchase that Online Course on the Online Terms. 

3.3.   A legally binding agreement shall only come into existence once:

 (a)      Rise and Learn Limited has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and

(b)        Rise and Learn Limited has received from you (or on your behalf) either (i) the entire Course Fee in cleared funds, if you choose to pay for the Online Course with a one-off lump-sum payment in accordance with Clause 4.3(a); or (ii) the first instalment of the Course Fee in cleared funds, if you choose to pay for the Online Course in instalments in accordance with Clause 4.3(b).

3.4 The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms.  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.

3.5   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@riseandlearn.ke.

3.6  Where your order consists of multiple Online Courses, each individual Online Course will be treated by Rise and Learn Limited as a separate offer to purchase.  Acceptance of your offer to purchase one or more of the Online Courses will not be an acceptance by Rise and Learn Limited of your offer to purchase any other Online Courses which make up your order.

3.7  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.

3.8  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.

4. Payment

4.1  The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website and/or in a Brochure and/or will be notified to you by a Rise and Learn Limited customer services representative.  

4.2  All amounts are payable in Kenya Shillings.  The prices quoted are inclusive of VAT.  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 Rise and Learn Limited.

4.3  Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable either:

(a)         with a one-off lump-sum payment, payable with your purchase offer; or

(b)        in instalments, with payments being due at certain times over a set period of time, as specified on the Website and/or in a Brochure and/or as notified to you by a Rise and Learn Limited customer services representative, with the first instalment being payable with your purchase offer.  Subsequent instalments will be automatically deducted from the debit/credit card you used to pay for the first instalment. 

4.4        By choosing to pay the Course Fee in instalments in accordance with Clause 4.3(b), you agree that:

(a)         it is your responsibility to ensure that the instalment payments are made on the due dates;

(b)        Rise and Learn Limited and/or its service providers are authorised to collect the instalment payments from the debit/credit card you used to pay for the first instalment when such instalments become due and payable; 

(c)         you will inform us by email at info@riseandlearn.ke if you change your debit/credit card or if your debit/credit card expires or is no longer valid prior to your next instalment becoming due and payable;

(d)         any failure to make payment of an instalment when due and payable constitutes a breach of the Contract and:

(i)    unless otherwise agreed in writing by Rise and Learn Limited,  will result in you losing the right to pay by instalments and all outstanding instalment amounts will become immediately due and payable; and

(ii)   without prejudice to any other rights it may have, Rise and Learn Limited may suspend or cancel your access to the Online Course until the remaining instalment amounts are paid in full;  

(e)  subject to Clause 5.2, where Rise and Learn Limited takes action under Clause 4.4(d)(ii), you will not be entitled to a refund of any amount already paid; and

(f) if you cancel your order in accordance with Clause 5.1 or Clause 5.2, you shall only be entitled to a refund of any amount paid prior to such cancellation.

4.5 The option of paying the Course Fee in instalments is offered subject to availability. Acceptance of your offer to purchase the Online Course and pay the Course Fee by instalments is at the sole discretion of Rise and Learn Limited.  Rise and Learn Limited may withdraw the option of paying the Course Fee in instalments at any time in its sole discretion. Any such withdrawal shall not affect customers who have already purchased an Online Course and are paying the Course Fee in instalments at the date of such withdrawal.

4.6 The total amount paid for any Online Course may differ depending on whether the Course Fee is paid for with a one-off lump sum payment or in instalments.

4.7 Where the Course Fee is paid for:

(a)          with a one-off lump sum payment, payments will be accepted by:

(i)    PayPal;

(ii)   credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro); or

(iii)  bank transfer, which will need to be arranged directly with us over the telephone (please see the contact page.

(b)        in instalments, payments will only be accepted by credit card (including Visa, MasterCard and American Express) or debit card (including Visa Electron, Delta and Maestro

4.8  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, Rise and Learn Limited 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 Rise and Learn Limited 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, Rise and Learn Limited will give you a full refund in respect of any amount you have already paid.  If the correct Course Fee is lower, Rise and Learn Limited will refund you the difference between the amount which you have paid and the correct Course Fee payable.

5. Cancellation and Deferral

5.1  Subject to Clause 5.6, under the Consumer Protection (Distance Selling) Regulations 2000 (“Distance Selling Regulations”) you may cancel your purchase of an Online Course within a period of 7 working days beginning on the day after the day on which the Contract is concluded with you as notified by the order confirmation email from Frontier Bushcraft. For further details of your rights under the Distance Selling Regulations you can visit your local Citizens’ Advice Bureau or visit the Office of Fair Trading website.

5.2        In addition to your rights under the Distance Selling Regulations, subject to Clauses 5.6 and 5.8, Frontier Bushcraft also offers the following refund and deferral policy on its Online Courses:

(a)         pursuant to our 30 day money-back guarantee, you may cancel your order within 30 calendar days after Frontier Bushcraft sends you an order confirmation email which provides you with a link to access the Online Course for a full refund; or   

(b)      you may defer the start date of your Online Course or change to another Online Course at any time up to 7 days prior to the relevant start date, subject to availability on your chosen Online Course and upon payment by you of any difference in the Course Fees payable for the two courses and a $25 charge to cover administration costs plus VAT where applicable.

5.3  Rise and Learn Limited may cancel any Online Course at any time prior to its scheduled termination date.  If Rise and Learn cancels an Online Course prior to its scheduled termination date, you will be entitled to a pro rata refund of the Course Fee.

5.4  If you or Rise and Learn cancel an Online Course in accordance with Clauses 5.1, 5.2 or 5.3 (as relevant), Rise and Learn will refund the relevant portion of the Course Fee to you via your original method of payment (less the relevant delivery charges as set out Clause 5.5 below) within 28 days of receiving your notice of cancellation/giving notice to you of such cancellation.

5.5 If you cancel an Online Course within a period of 7 working days in accordance with Clause 5.1, Rise and Learn Limited will deduct from any refund of your Course Fee the cost of any delivery charges paid by Rise and Learn Limited in relation to the return of any Physical Study Materials, if applicable, by you to Rise and Learn Limited.  If you cancel an Online Course in accordance with Clause 5.2, Rise and Learn Limited will deduct from any refund of your Course Fee the cost of all applicable delivery charges, including delivery charges paid to deliver the Physical Study Materials to you.

5.6 You may cancel or defer your order pursuant to Clauses 5.1 or 5.2 by email, post or telephone using the contact details that are set out at the end of the Online Terms.  Notice will be deemed to be given in accordance with the time period set out in Clause 18.8.

5.7 If Physical Study Materials accompany your Online Course and these have been dispatched to you prior to you cancelling your place on the Online Course then you must return them to Rise and Learn Limited at the address set out in Clause 19 in a reasonable and resalable condition (for audio, video or software products this means in the sealed package in which they were delivered).  Any Physical Study Materials returned to Rise and Learn Limited will be at your own risk.  You must obtain proof of postage, which you may be required to produce in the event of any query.  You will be responsible for payment of any delivery charges incurred in returning the Physical Study Materials to Rise and Learn Limited.

5.8  Rise and Learn Limited reserves the right to withhold payment of part or all of your Course Fee refund until all Physical Study Materials have been returned to Rise and Learn Limited in accordance with Clause 5.7 or if the Physical Study Materials are not returned in a re-saleable condition.  Please note that audio, video or software products cannot be returned if you have removed them from the sealed package in which they were delivered.  Rise and Learn Limited will deduct from any refund of part of all of your Course Fee the retail price of any Physical Study Materials which cannot be returned or which are not returned in a re-saleable condition.

5.9  If Physical Study Materials accompany your Online Course and these have been dispatched to you prior to you deferring your place on the Online Course, Rise and Learn Limited will be under no obligation to provide you with any revised or updated Physical Study Materials relating to your deferred Online Course and any additional Physical Study Materials required by you will need to be purchased by you prior to commencing your deferred Online Course.

5.10      You will not be entitled to any refund if you cancel your order at any time after the period of time set out in Clause 5.2(a).  Your statutory rights in the event of receiving faulty goods are not affected.

 

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