PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE SITE
1. THE SITE
1.1 You may [buy, enrol for, access and complete a Course on the Site.]
1.2 Your use of the Site will be subject to these terms of use (“the Terms of Use”) (together with
the documents referred to in them).
1.3 By using the Site, you confirm that you accept the Terms of Use and that you agree to comply
with them.
1.4 If you do not agree to the Terms of Use, you must not use the Site.
2.1 The Terms of Use refer to the following additional terms and policies, which also apply to your
use of the Site:
(a) Our Privacy Policy which sets out the terms on which we process any personal data we
collect from you, or that you provide to us. By using the Site, you consent to such processing and
you warrant that all data provided by you is accurate.
(b) Our Cookie Policy , which sets out information about the cookies on our Site.
(c) Our User Licence which sets out the terms under which you Take a Course on the
Site.
2.2 In the event of any inconsistency between any of these terms, they are to be read with the
following clauses taking priority in order: the User Licence, the Terms of Use, the Privacy Policy,
and the Cookie Policy.
3.1 The Site is owned and operated by Upskill Online Limited trading as Olive Media (referred to as
“Olive” "we", "our", or "us")].
3.2 Olive is a limited company incorporated in Ireland with company number 470792, whose registered
office is at Unit 5, Red Cow Business Park, Clondalkin, Dublin, D22 HC81.
4.1 We may revise these Terms of Use at any time by amending this page.
4.2 Please check this page from time to time to take notice of any changes we have made, as they are
binding on you.
5.1 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or
change all or any part of the Site without notice.
5.2 You are responsible for making all arrangements necessary for you to have access to the Site.
6.1 We own or are the licensee of all intellectual property rights in the Site, and other material
advertised, licensed, or sold on the Site unless otherwise stated.
6.2 You agree not to modify, reproduce, copy, distribute, disclose to third parties or derive any
unlicensed benefit from the intellectual property in any material on the Site without our prior
written permission.
6.3 No part of the Site may be reproduced or stored in any other website or included in any public
or private electronic retrieval system or service without our prior written permission.
7.1 "Olive", Olive Media" and the Olive logo are Olive trademarks and may not be used without prior written permission from Olive.
8. LIMITATION OF LIABILITY
8.1 It is agreed and acknowledged by you that:
(a) the content provided on the Site is intended as general information only;
(b) the Site has not been developed to meet your individual requirements;
(c) the Site does not provide legal or other professional advice on which you may rely;
(d) the Site may from time to time be wholly or partially unavailable, inaccessible, or subject to
interruption, and we do not guarantee their availability.
8.2 We will not in any circumstances be liable to you or to any third party, for any claim (whether in
contract, tort (including negligence), breach of statutory duty or otherwise) arising under these Terms
of Use or in connection with your using the Site, for any loss, damage, cost, or expense and including
any:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) malware, viruses, worms, or like software that may damage your computer systems or equipment or
other property due to your having accessed the Site;
(f) loss of business opportunity, goodwill or reputation; or
(g) any special, indirect, incidental or consequential loss, damage, costs, or expense of any kind or
nature, even if foreseeable or if we have been advised of their possibility.
8.3 In any event, our maximum aggregate liability under or in connection with the Terms of Use will in
all circumstances be limited to a sum of £100. This cap on liability does not apply to clause 8.48.4.
8.4 Nothing in the Terms of Use will limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be lawfully excluded or limited by English law.
8.5 Save as set out in the documents identified in clause 2.1 as applicable, these Terms of Use set out
the full extent of our obligations and liabilities in respect of the provision of the Site. Except as
expressly stated in the Terms of Use, there are no other conditions, warranties, representations or
terms, express or implied, which are binding on us. Any condition, warranty, representation or other
term concerning the provision of or access to the Site which might otherwise be implied into, or
incorporated into, the Terms of Use whether by statute, common law or otherwise, is excluded to the
fullest extent permitted by law.
8.6 You acknowledge that the risk allocation provided for in this clause 8 is reflected in the rights,
benefits and obligations under the Terms of Use. You also recognise the general nature of the Site and
our lack of control of how and for what purposes the contents of the Site are used by you.
8.7 You indemnify us (on demand) against and will be responsible for each loss, liability, or cost
incurred as a result of any claim by any person against us which arises as a result of you using the
Site.
8.8 The obligations and liabilities connected with Taking or having Taken the Course are dealt with in
the User Licence. For the avoidance of doubt, in the event of any conflict in relation to the Taking of
the Course, the individual User Licence will take precedence.
9.1 Further to the exclusions set out in the Terms of Use, it is agreed that we will not be liable or
responsible for any failure to perform, or delay in performing, any of our obligations under the Terms
of Use which is caused by an Event Outside Our Control, as defined in clause 9.29.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without
limitation failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under
the Terms of Use:
(a) our obligations under the Terms of Use will be suspended, and the time for performance of our
obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under the Terms of
Use may be performed despite the Event Outside Our Control.
10.1 We do not guarantee that the Site will be secure or free from malware, viruses, worms, or like
software that may damage your computer systems. You should use your own protection software in respect
of the same.
10.2 You are responsible for configuring your information technology, computer programs and platform in
order to access the Site.
11.1 You may link to our home page, provided you do so in a way that is fair and does not damage our
reputation or take advantage of it.
11.2 The Site must not be framed on any other website, nor may you create a link to any part of the Site
other than the home page.
12.1 Where the Site contains links to other Site and resources provided by third parties, these links
are provided for information only.
12.2 We have no control over the contents of those Site or resources, and save as expressly set out,
take no responsibility for their content.
13.1 The Terms of Use, their subject matter and its formation (and any non-contractual disputes or
claims), are governed by English law. We both agree to the exclusive jurisdiction of the courts of
England and Wales.
13.2 If any provision within these terms and conditions is held by any competent authority to be invalid
or unenforceable (in whole or in part) the validity of the other provisions of these terms and
conditions and the remainder of the provision in question will not be affected.