Copyright © Winners FDD Ltd 2021
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Winners FDD Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Winners FDD Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Winners FDD Ltd and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the Website, unless uploaded by Users, is the property of Winners FDD Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
b. download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network)
c. print one copy of the Content
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Winners FDD Ltd.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
5. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Winners FDD Ltd or that of our affiliates.
6. 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.
7. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
9. Any online facilities, tools, services or information that Winners FDD Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Winners FDD Ltd is under no obligation to update information on the Website.
10. Whilst Winners FDD Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
11. Winners FDD Ltd accepts no liability for any disruption or non-availability of the Website.
12. Winners FDD Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, Winners FDD Ltd accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
23) The “Winners Service” means eLearning courses hosted on our website located at https://winnersfdd.com/elearning and any associated software, applications, and Internet services under Winners’ control, whether partial or otherwise, used in connection with providing the services provided by Winners. The Winners Service provides an online platform to enable you to view information online and through other connected devices about classes, courses, workshops, and other education programs and events offered by Winners (collectively, “Courses”). These Courses may be made available for free or for a fee, in Winners’ sole discretion. The Winners Service will permit the community of users of the Winners Service to engage in discussions and communications with one another and with the Instructors.
24) Course Fees. Winners will charge you a fee to take a Course. The amount of any fees may be revised by Winners from time to time and vary from region to region. By purchasing our Service you agree to pay for all products and services and agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Winners Service.
25) Disputed Charges. If you would like to dispute any charges on your account please submit your dispute in writing to Winners within thirty (30) days of such charge, or your dispute is waived, and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at eLearning@WinnersFDD.com.
The European Commission has provided an ODR website to help traders and consumers resolve disputes out of court https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
26) Refunds. We reserve the right, but are not obligated, to refund fees paid to us. Requests for a refund will be assessed on a case-by-case basis. For Winners to consider providing a refund, clear feedback about the Course must be given, justifying why a refund should be given. Please contact eLearning@WinnersFDD.com to request a refund.
27) Chat Room Service and Blog Post. You may be able to engage in online chat sessions with other users of the Winners Service, including Instructors, as well as post comments on blog posts. You should exercise caution, good sense, and sound judgment when submitting messages or information to be posted in a chat room or on a blog. Think – and read twice – before you post anything. Once something is posted online it may live in perpetuity, and messages posted today could be highly embarrassing or damaging to your credibility or reputation in the future. You are responsible for any comments or materials you post in a chat room or on a blog, and you assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts and we are not responsible for the use of your personal information that you publicly post by any third parties. Winners makes no representations and warranties with respect to the confidentiality of any posts you make through the Winners Service.
29) Content Ownership and Use
Winners owns all of the content we create, but you may use it, subject to these Terms, while you use the Winners Service. The contents of the Winners Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Winners content (collectively, “Winners Content” ). All Winners Content and the compilation (meaning the collection, arrangement, and assembly) of all Winners Content are the property of Winners and are protected under copyright, trademark, or other laws.
No Winners Content or other material made available on or through the Winners Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way without written permission of the copyright owner unless such content is specifically made available for and authorised to be downloaded from the Winners Service, in which case you are authorised to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of the Winners Service. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from the Winners Service, including, but not limited to, user content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Winners or its licensors, unless you have obtained express written authorisation to the contrary.
30) Content Accuracy.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Winners Service.
31) Device Restriction Policy.
Winners allows the use of 4 devices on every single purchase of a Course. If you for any reason or purpose require access to more devices, you can write to eLearning@WinnersFDD.com
32) Legal Advice and Guidance. You agree and acknowledge that Winners, and its Instructors, are not a law firm and are not authorised to practice law in any jurisdiction. Winners does not give legal advice in any form or practice law in any way. The information obtained from or through the Winners Service is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information.
33) No Commercial Use.
No materials obtained from the Winners Service, even if authorised for download from the Winners Service, may be redistributed, nor may they be used for any commercial purpose, without Winners’ prior written permission.
Winners reserves the right to refuse Course fees and reserves the right to deny any applications to participate.
35) Social Sign-On. The Winners Service may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook. You agree to abide by the social networks’ terms and conditions applicable to you.
36) Third-Party Payment Processors. Winners currently uses secure third-party payment processors for electronic commerce. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit or debit cards, PayPal, or finance arrangements. Information that you supply to our payment processors is not stored by us or within our control and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Winners is not responsible for any fees charged by them. Winners disclaims all liability regarding any fees or problems you have with third-party payment processors.
37) Third-Party Services. The Winners Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Winners Service. Some of these third-party websites may use Winners Content (defined below) under license from Winners. Winners is not responsible for these third-party websites, whether or not Winners is affiliated with such third-party websites. You agree that Winners is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Winners Service.
38) Your Account
To use some parts of the Winners Service, you must create an account. You represent and warrant that the information you provide to Winners upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
39) Your Log-In Credentials.
You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorised use of your account. You agree that we will not be liable for any loss or damage arising from unauthorised use of your credentials.
40) Consequences of Violating These Terms
If you do not act responsibly and in accordance with these Terms, we may prohibit your use of the Winners Service.
We reserve the right to suspend or terminate your account and prevent access to the Winners Service for any reason, without notice to you, at our discretion. We reserve the right to refuse to provide the Winners Service to you in the future.
Winners may review and remove any of your user content at any time for any reason, including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Winners Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Winners Service.
41) Winners’ Liability
We are not liable for the actions of our users when they use the Winners Service. We may also change the Winners Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Winners Service or other websites.
42) YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WINNERS SERVICE IS AT YOUR SOLE RISK, AND THE WINNERS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WINNERS SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WINNERS SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE WINNERS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WINNERS SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE WINNERS SERVICE WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN THE WINNERS SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WINNERS SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
43) YOU EXPRESSLY UNDERSTAND AND AGREE WINNERS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WINNERS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WINNERS SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WINNERS SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE WINNERS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
44) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WINNERS SERVICE OR YOUR USE OF WINNERS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED WHAT YOU PAID FOR THE SERVICE.
Winners FDD Ltd details
45. Winners FDD Ltd is a company incorporated in England and Wales with registered number 08639867 whose registered address is c/o Beehive Lofts, Beehive Mill, Jersey Street, Ancoats, Manchester, M4 6JG, and it operates the Website www.winnersfdd.com. The registered VAT number is 171 8468 83.
You can contact Winners FDD Ltd here.