GoPurpl Online Terms and Conditions for Digital Content

1. These terms may have changed since you last reviewed them

Please check the updated version on our website www.app.gopurpl.io/terms. (Site). 

2. Where to find information about us and our digital content

You can find everything you need to know about us, GoPurpl Ltd, a company registered in England and Wales, company number 14874584 and having its registered office at Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX, and our digital content on our Site before you order. 

3. These terms and conditions apply to you whether you are a business purchasing 1-4 licences or a consumer 

Please read these terms and conditions carefully before using the Site. By accessing or using the Site, you agree to the following terms and conditions. If you are entering into these terms and conditions on behalf of a business, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms, you must not accept these terms and conditions and may not use the digital content. Please note these terms only apply to you as a business if you purchase 1-4 licences. If you wish to use more than 4 licences, please contact us as we will need to enter into a separate agreementfor that. 

4. Age restrictions

Persons under the age of 18 should use this Site only with the consent of an adult. Payment information for accessing the digital content must be provided by or with the permission of an adult.

5. We don't give business customers all the same rights as consumers 

For example, business customers can't cancel their orders, they have different rights where there is a problem with the digital content and we don't compensate them in the same way for losses caused by us or our digital content. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying digital content wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

6. If you are a business customer this is our entire agreement with you

If you are a business customer purchasing 1-4 licences from us, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

7. Orders, contract and provision of digital content

   7.1 No part of this Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acceptance is deemed to occur when we send an order confirmation email to confirm we have accept your order. Only once we have sent you an order confirmation email will there be a binding contract between us and you.
   
   7.2 When we accept your order, only you can access and consume the digital content. You cannot transfer your access to anyone else
   
   
   7.3 If we, for any reason, do not accept your order, no payment will be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar day
   
   
   7.4 Payment for the digital content will be taken via the payment method selected on the Site, immediately for any setup fee that corresponds to the digital content plan you purchased and at the same day of each subsequent month (billing cycle) for charges accrued during the previous month and/or as indicated in the order confirmation you received.
   
   7.5 We aim to fulfil your order within 2-3 working days or if not, within a reasonable period following your order, unless there are exceptional circumstances. If we cannot fulfil your order within a reasonable period, we will inform you at the time you place the order by a note on the relevant web page or by contacting you directly after you place your order. Time is not of the essence of the contract, which means we will aim to fulfil your order within any agreed timescales but this is not an essential term of the contract and we will not be liable to you if we do not do so. 
   
   7.6 We shall use all our reasonable endeavours to provide the digital content with reasonable skill and care, commensurate with best trade practice.
   
   7.7 In the event that digital content are provided that are not in conformity with your order or incorrect in any way, you should contact us immediately. We will try to make any necessary corrections within five (5) working days.
   
   7.8 Additional terms and conditions may apply to the provision of certain digital content. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your order.
   
   7.9 We provide standard technical support via our online support forum and/or phone. We will try to respond in a timely manner but we do not guarantee a particular response time.

Sometimes we reject orders, for example, because the digital content or part thereof is no longer available. When this happens, we let you know as soon as possible and refund any sums you have paid.

9. Digital content, Pricing and Availability

   9.1 Whilst we try to ensure that all general descriptions of digital content available from us correspond to the actual digital content that will be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the digital content may vary depending on your individual requirements and circumstances. 
   
   9.2 Where appropriate, you may be required to select the required plan of digital content on our Site.
   
   9.3 We neither represent nor warrant that such digital content will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Site.
   
   9.4 All pricing information on the Site is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
   
   9.5 In the event that prices are changed during the period between an order being placed for digital content and us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
   
   9.6 Increase in prices on renewal. 

Prior to the expiry of the subscription, we will advise you of the renewal fee at the prevailing rate for your agreed subscription. If you do not wish to renew your subscription, please let us know a minimum of 1 business day before the renewal date.

10. We charge you when we accept your order 

However, for some digital content, such as some subscription plans, we take payment at regular intervals, as explained to you during the order process.

11. If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

12. We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4 % a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. 

13. We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the digital content, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

14. Intellectual Property 

    
    
    14.1 All content included on the Site, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is our property, our affiliates or its licensors. By continuing to use the Site you acknowledge that such material is protected by English law and applicable international intellectual property and other laws.
    
    14.2 Except where allowed by applicable law, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given our express written permission to do so.

15. Links to Other Websites

This Site may contain links to other websites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.

16. Links to this Site

Those wishing to place a link to this Site on other sites may do so only to the home page of the site purpl.learnworlds.com without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more please contact Us by email at info@gopurpl.io .

17. We're not responsible for delays outside our control 

If our supply of your digital content is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer digital content team here: info@gopurpl.io  to end the contract and receive a refund for any digital content you have paid for in advance, but not received. 

18. You're responsible for making sure the digital content meet your requirements 

If we're supplying customised digital content to meet your requirements, you're responsible for making sure those requirements are correct. 

19. If you are a consumer and you bought online you have a legal right to change your mind 

    
    19.1 Your legal right to change your mind. For most of our digital content bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.
    
    19.2 When you can't change your mind. You can't change your mind about an order for our digital content, after you have started to download or stream these.
    
    19.3 The deadline for changing your mind. If you change your mind about a digital content you must let us know no later than14 days after the day we confirm we have accepted your order, if it is for digital content for download or streaming, although you can't change your mind about digital content once we have started providing it. 
    
    19.4 How to let us know. To let us know you want to change your mind, contact our Customer digital content Team: info@gopurpl.io.
    
    19.5 When and how we refund you. If we haven’t granted to access to the digital content, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.

20. You can end an on-going contract (find out how)

You can end an ongoing contract with us (for example subscription to digital content at any time before your next billing period) on https://app.gopurpl.io.account or by contacting us at Customer digital content Team: info@gopurpl.io.

See clause 9.6 for increases on renewal. 

21. You have rights if there is something wrong with your digital content

Please contact us. If you think there is something wrong with your digital content, you must contact our Customer digital content Team: info@gopurpl.io.

22. Your rights and remedies if you are a consumer. 

We honour our legal duty to provide you with digital content that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.

23. Your remedies if you are a business. 

 If you give us notice in writing during the subscription period within a reasonable time of discovery that a digital content is faulty and we are given a reasonable opportunity of investigating the problem, we shall, at our option, repair or replace the defective digital content, or refund the price of the defective digital content in full and this will be your only remedy. These terms shall apply to any repaired or replacement digital content supplied by us.

24. We can change the digital content and these terms

    24.1 Changes we can always make. We can always make changes to the content

• to reflect changes in relevant laws and regulatory requirements but we do not warrant that all digital content will be up to date with latest legislation as soon as the legislation becomes effective. 

• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the digital content and

• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

  
  24.2 Changes we can only make if we give you notice and an option to terminate. 

     If we withdraw all or substantially remove all of the digital content from our Site or discontinue the service we'll notify you and you can then contact our Customer digital content Team: info@gopurpl.io to end the contract before the change takes effect and receive a refund for any digital content you've paid for in advance, but won't receive:

     
24.3 We can suspend supply (and you have rights if we do) 

24.4 We can suspend the supply of a digital content. We do this to:

• deal with technical problems or make minor technical changes;

• update the digital content to reflect changes in relevant laws and regulatory requirements; or

• make changes to the digital content (see We can change digital content and these terms).

  
  24.5 We can withdraw digital content

We can stop providing a subscription for digital content or stop content within the subscription plan. We let you know reasonably in advance . No refund is payable unless clause 24.2 applies. 

24.6 We can end our contract with you

We can end our contract with you for a digital content and claim any compensation due to us if:

• you don't make any payment to us when it's due and you still don't make payment within seven days of our reminding you that payment is due;

• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the digital content.

25. Disclaimers 

    25.1 We make no warranty or representation that the Site or the digital content will meet your requirements, that it will be of satisfactory quality, that it will be fit for purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee on specific results from the use of our digital content. 
    
    25.2 No part of this Site is intended to constitute advice and the Content of this Site should not be relied upon when making any decisions or taking any action of any kind.
    
    25.3 Whilst we use reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

26. We don't compensate you for all losses caused by us or our digital content

    26.1 Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control. 

• Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.

• A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

  
  26.2 Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude: 
  
  27. We use your personal data as set out in our Privacy Notice

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

• our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to hundred per cent (100 %) of the total sums paid by you for digital content under such contract.

  
  26.3 Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for
  

• death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

• fraud or fraudulent misrepresentation;

• any matter in respect of which it would be unlawful for us to exclude or restrict liability.

  
  26.4 No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by statute or otherwise.

How we use any personal data you give us is set out in our Privacy Notice: www.app.gopurpl.io/privacy.

28. You have several options for resolving disputes with us

    
    28.1 Our complaints policy. Our Customer digital content Team: info@goprupl.io will do their best to resolve any problems you have with us.
    
    28.2 You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you canalso bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

29. Other important terms apply to our contract

    29.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your digital content. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract 
    
    29.2 You can only transfer your contract with us to someone else if we agree to this. If you're a consumer we may not agree if you transfer your contract with us to someone else. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.
    
    29.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
    
    29.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
    
    29.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Last Updated: [02/10/2024]