Booking Terms of Use and Booking Conditions

Definitions

Course/Event means an educational course or event which may be delivered fully online, at a specific date or time or a combination of these with a specific Education Provider or Partner

Digital Resource means any document or other digital file that is purchased for download an use from an Education Provider or Partner

Education Provider means our agreed third-party providers of educational courses and resources who offer their courses and services for sale via our Website or other mediums.

Learner, “you” and “your” means you, the buyer of any education services

Mobile/Online Platform means alternative areas where Nabuno has a presence such as Facebook, Instagram, LinkedIn.

Nabuno “us” and “we” means us, Nabuno the owner of the Nabuno Website and Mobile/Online Platforms.

Order is the contract between you and the Education Provider or Partner, once the payment transaction has completed on the Nabuno website and has been accepted by the aforementioned Education Provider or when you book directly with an Education Provider or Partner via Nabuno.

Order Confirmation As business agents for the Education Providers or Partners, we will provide you with a confirmation of a booked course via Nabuno on behalf of the Education Provider.  The confirmation is your receipt from Nabuno and the confirmation that the Education Provider accepts responsibility for the order.

Partner means our agreed third-party providers of services other than educational courses who offer their services for sale via our Website or other mediums.

Services means any educational course, event, goods or services of an Education Provider or Partner for booking or purchase via the Nabuno website or other mediums unless advertised as provided by Nabuno.

Website means www.Nabuno.com where Nabuno and their Partners provide goods and services.

TERMS

• By purchasing a course or other product on the Nabuno platform you accept the Terms and Conditions of the Education Provider whose course you are purchasing. The Education Provider’s Terms and Conditions are available for you to view and download for your records in the documents section of the Education Provider’s profile.
• The services and courses you can buy on Nabuno are sold by Nabuno member Education Providers or Partners unless stated otherwise.   Nabuno member Education Providers or Partners subscribe to our services and utilise Nabuno as a business agent to arrange and confirm your booking on their behalf.
• If you pay for courses or services provided by our Education Partners or Partners via our Website, Mobile/Online Platform we may collect and receive the payment on their behalf as their appointed business agent. Your payment to Nabuno acts as a receipt and will release your debt for the services provided by our Education Provider or Partner.  Courses and services are paid for on the Nabuno platform but provided by our Education Providers and Partners
• Upon successful booking of courses and services via the Nabuno, any monies paid are with Nabuno until such time as the Education Provider accepts the booking. Once the booking has been accepted by the Education Provider, regardless of whether payment has been made via the Nabuno platform to the Education Provider, all contracts are now between the Education Provider and the Learner, and any refunds or issues must be taken up with the Education provider in the first instance. Nabuno acts as a booking agent between our Learners and Education Providers. Once your booking is accepted and confirmed by the Education Provider, your contract becomes binding with the Education Provider and all payment and booking queries must be addressed with the Education Provider.
• The contract for any purchased services is between you and the relevant Education Provider or Partner directly.  Nabuno accepts no liability for the services or courses from your chosen Education Provider or Partner. Should you have any difficulties, or the Education Provider or Partner fails to provide you with your expected outcome then we will do our best to assist in resolving the matter following completion of the Education Provider’s complaints procedure.
• Please ensure that all details and requirements such as pre-requisites for the course or event you wish to book fit with your requirements BEFORE booking.     
• Should you require support for your course or event, either learning or any physical disability, this should be notified to the Education Provider or Partner BEFORE booking to ensure that they are able to facilitate your requirements.  Nabuno and our Education Providers and Partners cannot be held responsible for undisclosed situations.
• Nabuno reserves the right to remove a Learner’s account with Nabuno in the unlikely event of an infringement of these Booking Terms and Conditions and/or where the Learner acts in a way that is inappropriate, abusive, or otherwise unacceptable towards Nabuno staff or that of our partners.  This applies whether the infringement is via written or verbal communication or whilst at the Education Provider’s premises.  Termination of a Learner account may also occur if our Nabuno guidelines in relation to reviews and feedback are infringed.

CANCELLATION RIGHTS

If you need to reschedule or cancel a course or with an Education Provider or Partner, and if this is within their terms and conditions this should be actioned directly with the Education Provider or Partner. Any refund must be agreed within the Education Provider or Partner’s own policies. Once a refund has been agreed between these parties, Nabuno will pursue a recouperation of funds from the Education Provider and return any monies to the Learner via the original payment method inline with our policies.

The standard 14 day Cooling Off period is allowed when making purchases online for goods & services, however this does not relate to the cancellation of any digital online courses or digital resources as these purchases provide immediate delivery of the product following payment and confirmation.  The sale of digital and online courses is final and cannot be revoked.

RESOLVING ISSUES

• Nabuno cares about how you feel when using our services and we aim to have the highest standards possible and, consequently, should you have reason to complain about one of our Education Partners or their Services, we would recommend the following:
  • Speak to the Education Provider or Partner first seek a resolution through their internal complaints policy.
  • If this fails, then consider the review you give them as part of the Nabuno review service.  Please be fair and give them the opportunity to resolve the issue with you before leaving a negative or low rate review.
  • Email us at welcome@nabuno.com we’ll do our best to help resolve the issue.
  • Following receipt of a complaint we will contact the Education Provider or Partner to discuss and seek a resolution.  If the matter cannot be resolved following our discussions, we will consider fairness for all parties and Nabuno will seek to find a mutual resolution. 

It should be noted that Nabuno takes all complaints and legitimate dissatisfaction seriously and we will always attempt to seek resolution, but Nabuno is not responsible to the Learner for the courses, resources, events or services that the Education Provider or Partner provides and we are therefore not obligated to provide you with a refund or credit note should you not be satisfied with your purchase.

PRICING & PAYMENTS

• Pricing for Education Provider or Partner courses and events is controlled by our Education Providers and Partners within their course listings and as such Nabuno cannot be held responsible for any errors or omissions.  If for any reason you are concerned over pricing, please contact the Education Provider or Partner in the first instance.
• Our Education Providers and Partners utilising Nabuno’s platform have full responsibility for accounting for VAT on their sales.  Nabuno does not charge VAT on 3^rd party bookings as the contract is between you, the Learner, and the Education Provider or Partner.  Any VAT receipts that are applicable should be sought from the Education Provider or Partner.
• Payments made on our Website are processed by our merchant services and we endeavour to ensure that this is always available, however we cannot guarantee this.  We also cannot guarantee that this is free of viruses or any errors.  Payment processing times may vary, and the merchant service provider may have times when they need to maintain, update, or repair their service.  Where we have notice of any disruption to our services, we will notify our audience.

VARIATION TO NABUNO BOOKING TERMS & CONDITIONS

Nabuno reserves the right to amend the Booking Terms & Conditions occasionally should there be changes in the methods we use for payment processing, regulatory or legal amendments, changes to the way we provide our service or do business. 

Whenever you make a payment on the Nabuno Website or other mediums the Booking Terms & Conditions in place at that time will apply.  The last date of amendment can be found at the bottom of this document.

COUNTRY OF SALE

All payments are made within the boundaries of the United Kingdom and so are bound by the laws of the United Kingdom.

GENERAL INFORMATION

If you want to talk to us, please get in touch with our team and we’d be happy to help:

Email: welcome@nabuno.com

August 2023

E&OE

Nabuno Refund and Cancellation Policy

Nabuno Academy Digital/Online Courses

As the courses provided directly by the Nabuno Academy are digital only with immediate access, once purchased there is no right to refund.  In the event of any issues please contact welcome@Nabuno.com.

Nabuno Face to Face Events/Courses

Any purchases made directly with Nabuno that involve a face to face/live element will be refundable (less transaction & administration fees) up to 24 hours prior to the event.

If cancellation notice is given less than 24 hours prior to the event or the purchaser does not attend, then a refund will not be given.

In the event of any issues please contact welcome@Nabuno.com.

Cancellations & Nabuno Education Provider Bookings

All Nabuno Education Providers operate their own cancellation policy and therefore requests for an amendment or cancellation should be made directly with the Education Provider. Nabuno cannot intervene in this process and the Education Provider’s decision is final.  Please ensure that you have read the Education Provider Refund & Cancellation Policy prior to booking and that it meets with your expectations and possible requirements.

E&OE
August 2023

Third-Party Content Policy

Before you submit any Third-Party Content (TPC) to our Website or via any Nabuno Mobile/Online Platform (Platforms) please read this Third-Party Content Policy (TPCP) and Terms of Use carefully as these will apply to your use of our Platforms and the TPC you submit to it or them complete.

We advise that you print and keep a copy of this for your personal reference. By using our Platforms and submitting TPC, you are confirming that you agree to accept the TPCP, our Privacy and Cookie Policy, and our Website & Mobile/Online Platforms Terms of Use, and that you agree to comply with them. If you disagree with our terms and policies, you must not submit TPC to our Platforms.  Any items specified with capitalisation will be defined in our Terms of Use.

1. Your TPC
   1. Any content that is submitted to our Platforms by you (or on your behalf) via your User account or directly to the Nabuno management team, which may include without limitation; your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material, will be referred to as your “TPC” (“Third Party Content”).
   1. All TPC submitted to our Platforms will be in agreement with the following rules (in particular, the Legal Requirements and the Nabuno Guidelines). We advise you to use caution and common sense when you submit TPC to our Platforms.
   1. Your TPC will be published at our sole discretion. We are entitled to edit your TPC prior to publication and after publication. We hold the right to refuse publication.
   1. All TPC submitted to our Platforms will be considered non-proprietary and non-confidential.

• Permissions, Waivers & Rights
  • You hereby grant Nabuno and any of our partners and affiliates non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to reproduce, use or publish your TPC (including the authority to adapt, edit, amend and change your TPC) in any media or format (in the present or future) globally without restriction.
  • You warrant, represent and undertake to us that any and all TPC that you submit is not plagiarised or that you have obtained the necessary permissions of the owner of the work and that you have all the necessary rights in your TPC to enable you to grant the rights and permissions in this Clause 2. 
  • If your TPC contains information that identifies individuals, such as names or images, you warrant, represent and undertake to us as follows:

• that any identified or featured individuals that are above the age of 18 and have expressed their consent to appear in the TPC and to your submission of the TPC to third party Websites or Mobile/Online Platforms and
  • where these identified or featured individuals are below the age of 18 you either:
    • are the parent or legal guardian, or the featured or identified individuals can evidence express consent from their parent or legal guardian to feature or be identified in the TPC and to you submitting the TPC to our Platforms.
    • You hereby irrevocably and without condition waive and agree not to claim (or procure the same from any third party where applicable) any and all moral rights, and any other similar rights, and all rights of publicity and privacy across the world in any country in connection with your TPC, to the maximum legal extent.
• Content Guidelines & Legal Requirements
  • You warrant, represent and undertake to us that your TPC (including its use, publication and/or exploitation by us) shall not:
    • infringe any copyrights or database rights, publicity, trademarks, rights of privacy or other intellectual property or any other rights of another person or entity; and/or
    • contain any material which may be considered defamatory of any person; and/or
    • contain any deceptive or misleading statements, omissions, or misrepresentations of your identity (such as impersonation of another person) or your affiliation with any person or entity; and/or
    • contain any material which may breach any legal or fiduciary duty owed to a third party, such as contractual duty or a duty of confidence; and/or
    • promote, endorse, or encourage discrimination based on gender, race, nationality, religion, disability, sexual orientation or age; and/or
    • hold any malicious code, such as worms, viruses, Trojan horses or any other potentially harmful programmes, material or codes; and/or
    • be in violation of any other applicable law, statute, ordinance, rule or regulation, (known as “Legal Requirements”).

3.2                   If your TPC contains any content that you are not the proprietor of, are licensed to and/or which is subject to third party rights, you have the responsibility of obtaining, prior to the submission of your TPC, all releases, consents and/or licenses necessary to permit the usage and exploitation of your TPC by us without any additional compensation. For further details, please refer to Clause 2 above.

• Content Guidelines for Nabuno Users
  • You warrant, represent, and undertake to us that your TPC:
    • is accurate and authentic, where it states facts; and/or
    • opinions are genuinely held, where it states opinions such as in product or services reviews.
    • You further warrant, represent and undertake to us that your TPC (including its usage, publication and/or employment and application by us) shall not contain any material which:
      • is obscene, offensive, vicious, inflammatory or in any other way falls below commonly accepted standards of taste and decency in the UK; and/or
      • is plausibly likely to harass, upset, agitate, embarrass, or alarm a person (with the inclusion of “trolling” or cyber-bullying); and/or
      • is abusive, threatening, violent or invades another’s privacy, or causes irritation, inconvenience, or anxiety; and/or
      • is sexually explicit; and/or
      • in any way promotes, assists, encourages or depicts violence; and/or
      • promotes, assists or encourages any illegal activity or unlawful act or omission; and/or
      • may be deemed to be unsolicited or unapproved advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise); and/or
      • gives the notion that it originates from Nabuno or is endorsed or connected with us, if this is not the case, (together, or individually the “Nabuno Guidelines“).
• Consequences of breach
  • Nabuno will conclude, at our discretion, whether you have failed to comply with the TPCP when submitting TPC to our Platforms. If you have failed to adhere to the TPCP, we reserve the right at our sole discretion to suspend your from using any of Nabuno’s Platforms without notifying you and/or to edit or remove (in whole or part) any of your TPC from your platforms on either a temporary or permanent basis.
  • Notwithstanding Clause 5.1 above, if you or your TPC does not adhere to this TPCP, and as a result of this non-compliance we suffer any loss or damage, you will be liable to use and hereby concede to indemnify us for any such loss or damage. This means that you will be held responsible for any loss or damage we suffer as a result of your failure to follow our TPCP, including but not limited to our Nabuno Guidelines.
  • We also reserve the right
    • to pass on any TPC that concerns us to the relevant authorities; and
    • to disclose your identity to any third party (or their professional advisor) who alleges that any of your TPC establishes a violation of their intellectual property rights, or of their right to privacy.
• Changes to this TPCP

• We may alter this TPCP occasionally, in which case an up-to-date version will be available via our Website and Mobile/Online Platforms. You should check this TPCP regularly to ensure that you are content with any adaptations. You will be deemed to have accepted any changes to this TPCP after you have been notified of the changes on our Platforms and/or if you continue to access or use the Platforms, where the updated TPCP will be available for your viewing.

E&OE
August 2023

LIABILITY DISCLAIMER

Please read this section carefully. This section limits the Nabuno companies’ liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in this agreement, please consult a lawyer for clarification before accessing or using the services.

The information, software, products and services published on or otherwise provided via the services may include inaccuracies or errors, including reservation availability and pricing errors. Nabuno does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the course or event displayed on the services (including, without limitation, the pricing, availability, photographs, list of courses, event or other product, descriptions, reviews and ratings, etc.). In addition, Nabuno expressly reserves the right to correct any availability and pricing errors on the services and/or on pending bookings made under an incorrect price.

Nabuno makes no representations of any kind about the suitability of the education product, including the information contained on its websites or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its websites or otherwise through the services does not constitute any endorsement or recommendation of such products or service offerings by Nabuno, notwithstanding any awards distributed based on user reviews. All such information, software, products and service offerings made available by or through the services are provided “as is” without warranty of any kind. Nabuno disclaims all warranties, conditions, or other terms of any kind that the services, its servers or any data (including email) sent from Nabuno, are free of viruses or other harmful components. To the maximum extent permitted under applicable law, Nabuno hereby disclaims all warranties and conditions with regard to this information, software, products and the services, including all implied warranties and conditions or terms of any kind as to of merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.

Nabunoalso expressly disclaim any warranty, representation, or other term of any kind as to the accuracy or proprietary character of the content available by and through the services.

The third-party suppliers providing courses, events, or other services on or through the services are independent contractors and not agents or employees of Nabuno.  Nabuno are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. Nabuno has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Subject to the foregoing, you use the services at your own risk and in no event shall the Nabuno companies (or their officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services; any viruses, bugs, trojan horses, information, software, linked sites, products and services obtained through the services (including, but not limited to any Nabuno synchronisation product); personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability or otherwise, and even if Nabuno or its corporate affiliates has been advised of the possibility of such damages.

If the Nabuno is found liable for any loss or damage that arises out of or is in any way connected with your use of the services, then Nabuno’S liability will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to the Nabuno companies for the transaction(s) on or through the services giving rise to the claim, or (b) one-hundred pounds(GBP £100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Nabuno companies.

These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law, for example under consumer protection laws in place.  Nabuno is a UK business and so the laws of the UK apply. 

INDEMNITY

You agree to defend and indemnify Nabuno and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• (i) your breach of this Agreement or the documents referenced herein;
• (ii) your violation of any law or the rights of a third party; or
• (iii) your use of the Services, including the Nabuno website and online platforms.

E&OE

August 2023