Terms Of Service / Use

By using our site you accept these terms

These terms of use, together with the relevant webpage specific terms in Part B below (together the Terms of Use), set out the terms on which you may use our sites. Use of our sites includes accessing, browsing or registering to use our sites.

Please read these Terms of Use carefully before you start to use any of our sites, as they will apply to your use of our sites.

By using our site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our sites.

Who we are and how to contact us

Our sites are operated by Coursana, LLC.

To contact us, including to raise any issues or complaints in relation to our sites and services, please use the contact us page.

Definitions

In these Terms of Use, references to:

“us”, “we” and “our” shall mean Coursna, LLC as set out above;

“you” and “your” shall mean to any person who accesses the site;

“Page Specific Terms” shall mean additional terms of use applicable to a specific webpage and Services of our site, as set out in Part B below;

“Panel Firm(s)” shall mean our approved panel of solicitors and conveyancers;

“site” shall mean all and / or any of our webpages; and

“service” shall mean the relevant service provided by any of the relevant sites.

Other terms that may apply to you

Our Privacy Notice (which sets out the terms on which we process your personal data and which sets out information about the cookies on our site) will also apply to your use of our site.

Changes to these Terms of Use

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time for any changes we have made, as they are binding on you. These terms were most recently updated on 03/08/20. We do not guarantee that our sites, or any content on them, will be free from errors or omissions.

COMPLETION AND CERTIFICATION POLICY

The STUDENT agrees to complete all phases of the curriculum in order to receive a completion certificate. STUDENT may be required to pay fees to COURSE PROVIDER if through no fault of COURSE PROVIDER, STUDENT requests a duplicate and/or reissue of the original certificate of completion.

CANCELLATION AND REFUND POLICIES

It is important to us that you are satisfied with your purchase. If you change your mind about the course, we’ll refund the full cost of any course purchased on our website within thirty (30) days of purchase, as long as a certificate of partial completion has NOT been issued. Once a partial completion certificate has been issued, NO REFUND will be available. Refunds will only be issued if the course has not been completed. We will issue your refund within thirty (30) days of your request.

Accessing our site

We do not guarantee that our site, or any content on them, will always be available or be uninterrupted. Access to our sites are permitted on a temporary basis. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal by including a notice on the applicable site. We will not be liable to you if for any reason our site is unavailable or interrupted at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and personal to you. You must not disclose it to any third party nor use any third party’s identification and security information to access our site.

We have the right to disable any users account or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user password or login information, you must contact us immediately.

Your use of our site

You may use our site only for lawful purposes. You may not use our site:

in any way that breaches any applicable local, national or international law, regulation or code of practice;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
in any way that infringes the rights of any third party (including intellectual property rights and rights to privacy); and/or
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation to any person.

You also agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these Terms of Use.

Breach of any of these conditions of use of our site constitutes a material breach of these Terms of Use.

Viruses, hacking and other offences

We do not guarantee that our site will be secure or free from bugs or viruses, however, we make all reasonable effort to ensure our site will be secure.

Although we use reasonable efforts to ensure that our site is free from viruses and other malicious or harmful content, you are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. It is recommended that you should virus check all materials downloaded from our site and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.

You agree:

not to use our site to knowingly transmit any data, send or upload any material that contains any viruses, Trojan horses, worms, logic or time bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code;
not to attempt to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any database connected to our site;
- any equipment or network on which our site is stored or which is connected to our site; and/or
- any software used in the provision of our site; and
not to attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act (CFAA) of 1986 (and may commit additional offences under local laws in other applicable jurisdictions). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Intellectual Property and how you may use material on our sites

The trade marks, copyright, database rights and other intellectual property rights in the site, and the information, content, material or data that we display on the site belongs to us or our licensees and all such rights are reserved.

You may not copy textual or graphic content of our site or course materials unless specified in your course material.

Under no circumstances may you use any content in a manner that may give a false or misleading impression of us or imply some form of commercial agency partnership or other arrangement.

Save for in accordance with these Terms of Use, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

Although we make reasonable efforts to vet our partners and course instructors, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up to date.

We will provide the service with reasonable skill and care and endeavour to ensure that the databases and data we use in delivering the service is complete, secure and accurate, however we cannot guarantee that your access to or use of the site or service will be uninterrupted or error free.

Limitation of our liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability may apply to liability arising as a result of the supply of our services to you, which will be set out in the relevant terms and conditions applicable to you and listed below in Part B – Page Specific Terms. You must carefully read all Page Specific Terms before you use any of the services provided.

The security of communications sent over the Internet (including by e-mail) is subject to many factors outside of our control. Unless you have separately contracted with us for the provision of our secure messaging and portal service between Lender Clients and Panel Firms, whether under a Panel Management Agreement or service specific terms, we do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications. We shall have no liability for your inability to connect to or to access our site which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites or their content. We will not be liable for any loss or damage that may arise from your use of them.

Our rights

If we determine, in our discretion, that there has been a breach of these Terms of Use, we may take such action as we deem appropriate. Failure to comply with these Terms of Use may result in all or any of the following actions:

issue of a warning to you;
immediate, temporary or permanent withdrawal of your right to use our site;
legal proceedings against you for damages, losses and/or reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of the Terms of Use; and/or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of the Terms of Use. The actions described in these Terms of Use are not limited and we may take any other action we reasonably deem appropriate.

Linking to our site and third party cookies

Any linking to our site is prohibited without our prior written consent.

You must not:

establish a link in a way that is not fair or legal;
establish a link in such a way as to damage our reputation or take advantage of it;
establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
establish a link to our site in any website that is not owned by you;
establish a link to our site in any website that includes unlawful or fraudulent content, or has any unlawful or fraudulent purpose or effect; or
frame our site on any other site.

We reserve the right to withdraw linking permission without notice.

Please note: You are prohibited from placing, or attempting to place, any cookies, tracking pixel, plug-ins, local shared objects, HTMLS LAN Storage, or other similar technologies on any of our sites, or when linking to our sites, without our prior written consent. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).

Personal Information

By using this site you are granting us permission to use any content and Personal Data provided for the purpose of the applicable service.

Any Personal Data obtained through use of cookies, tracking pixels, local shared object, HTMLS, LAN storage or other similar technologies shall be retained in accordance with our Privacy Notice.

Please note that we take data protection very seriously and have put in place appropriate security and technical measures to keep your Personal Data secure. We rely on your consent to process Personal Data for this service and this consent may be withdrawn at any time. For more information please refer to our Privacy Notice. If submitting Personal Data belonging to a third party you should first ask them to read these Terms of Use and our Privacy Notice.

Content Standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in our discretion, whether a Contribution breaches the content standards.

A Contribution must:

be accurate (where it states facts);
be genuinely held (where it states opinions); and
comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trade mark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
be in contempt of court;
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person, or misrepresent your identity or affiliation with any person;
give the impression that the Contribution emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites.

Failure to comply with the content standards constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our site;
immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
issue of a warning to you;
legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
further legal action against you;
disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these content standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Applicable law

These Terms of Use (together with any policies referred to in them) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

You and we both agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising from, or related to, use of our site (including non-contractual disputes or claims).

You are responsible for the accuracy and completeness of all information and/or personal data which you enter on the site which includes completing the on-line re-mortgage questionnaire.

Access to the site and login details

You will have been provided with a password or registration code to access the site.

You are responsible for the security and confidentiality of any usernames, passwords, registration code or other information needed to access or use the site or any of the services. You must not allow others to access the site or any services via your username or registration code.

Material you upload/provide in real time

Whenever you make use of a feature that allows you to upload documents and content to our site, you must comply with our Content Standards set out in Part A of these Terms of Use.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their confidential information, intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

Limitation of Liability

If you are an Unauthorised User:

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the site; or
use of or reliance on any content displayed on the site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

Please note that we only provide our site for domestic and private use. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If you are a Permitted User:

We only provide the site for domestic and private use. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We operate this site as part of the services provided to our Lender Clients pursuant to a contract with them and we are reliant on information, reports, documents and updates from our Lender Clients in this regard. Therefore this site is provided on an information only basis and we exclude all liability for losses arising out of your reliance on any information or documents accessed via this site.

Subject to the following paragraph, our total liability to you (being a Permitted User) in respect of all losses arising from negligent performance of the services we provide in the site, is subject to a cap of five thousand pounds (£5,000.00) per event giving rise to a claim for loss and/or damage.

We exclude all liability for losses arising out of your reliance on the site when there have been errors or inaccuracies in the information provided by you on the site.

Intended Use

The site is intended for use by legal firms and conveyancers who are members of the Panel Firms (Permitted User) and any other user shall be known as an Unauthorised User. By using this site you are confirming that you are a Permitted User.

Access to the site and login details

You will have been provided with a username and password to access the Account Checker, Case Management or Admin sections of the site.

You are responsible for the security and confidentiality of any usernames, passwords, personalised link or other information needed to access or use the site or any of our services. You must not allow others to access the site or any services via your username or password.

Downloading items

You may download items contained within the Client Documents and Case Management section of the site (“Client Documents”), subject to these Terms of Use.

Subject to any changes we make to Client Documents, we make no representations, warranties or guarantees, whether express or implied, that the Client Documents are accurate, complete or up to date. This is the responsibility of the Lender Client who remains liable for inaccurate or false Client Documents, pursuant to the Panel Membership Terms and Panel Agreement (as applicable to you).

You should use your own virus protection software. It is recommended that you should virus check all materials downloaded from our site and regularly check for the presence of errors, viruses, bugs, other malicious code, and harmful components.

Material you upload/provide in real time

Whenever you make use of a feature that allows you to upload documents and content to our site, you must comply with our Content Standards set out in Part A of these Terms of Use.

Subject to “Licences” below, you retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

You are solely responsible for securing and backing up your content.

Licences

Any Client Documents completed by you or other documents provided as part of the transaction process, are provided by you on invitation from the Lender Client, and the Lender Client shall be free to use such documents as they determine. You are prohibited from using any customer specific information, transaction or Client Documents for any other purposes than permitted by the Panel Terms of Business or Panel Membership Agreement. When you upload or post other content to our site, you are granting us and any other user of the site a licence to use any content and personal data provided for the purpose of the service. Any content and/or personal data you input to this site will be retained by us for a period of 6 years, so that we are able to assist and manage any complaints or claims which may arise in relation to the service and related mortgage application. After this period the personal data will be automatically deleted or kept on an anonymous, statistical basis.

Limitation of Liability

If you are an Unauthorised User you agree not to use this site and we have no liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the site; or
use of or reliance on any content displayed on the site.

If you are a Permitted User, our total liability to you and your total liability to us, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this site forms part of our obligations and shall be limited in accordance with the Panel Membership Agreement and Panel Terms of Business as applicable to you.

Please note indemnity and liability provisions below- you should only use this site and service if you accept these provisions.

Access to the site and login details

You are responsible for the security and confidentiality of any usernames, passwords, personalised link or other information needed to access or use the site or any of the our services. You must not allow others to access the site or any services via your username or personalised link.

We have the right to disable any user access, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you have accessed the service, knows your user identification code or password, you must promptly notify us immediately.

Downloading items

You may download the Self Billing Agreement and Support Guide, subject to these Terms of Use.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Indemnity. The Permitted User shall indemnify Coursana against all claims and proceedings and all liability, loss, costs and expenses incurred by Coursana as a result of any claim made or brought by a customer.

Marketing Fee

Coursana reserves the right to charge an instructor a marketing fee to market their course on the Coursana platform.

Limitation of Liability

We exclude all liability for losses arising out of your reliance on the site when there have been errors or inaccuracies in the information provided by you on the site and when you do not have the authority to provide such information.

If you are a Permitted User, our total liability to you and your total liability to us, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this site shall be limited in accordance with the agreement between us.

use of, or inability to use, the site; or
use of or reliance on any content displayed on the site.

Intended Use

The site is intended for use by students, administrators and course instructors (Permitted Users) and any other user shall be known as an Unauthorised User. By using this site you are confirming that you are a Permitted User.

Access to the site and login details

You will have been provided with a password or registration code to access the site.

Should you lose or misplace your access details you must promptly notify us.

We have the right to disable any user access, identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you has accessed the service, knows your user identification code or password, you must promptly notify us.

Downloading items

You may download items contained within course material, subject to these Terms of Use.

Material you upload/provide to course materials

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with our Content Standards.

You warrant that any such contribution does comply with those Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Subject to “Licenses” below, you retain all of your ownership rights in your content, but you are required to grant us and other users of our site a licence to use, store and copy that content and to distribute and make it available to third parties.

You are solely responsible for securing and backing up your content.

Licenses

Any documents or course materials completed by you provided as part of the course upload process, are provided by you on invitation shall be free to use such documents as they determine. You are prohibited from using any customer sensitive information in your course material. When you upload or post other content to our site, you are granting us and any other user of the site a licence to use any content and personal data provided for the purpose of the service. Any content and/or personal data you input to this site will be retained by us, so that we are able to assist and manage any complaints or claims which may arise in relation to the service.

Limitation of Liability

use of, or inability to use, the site; or
use of or reliance on any content displayed on the site.

The provision of this site forms part of the wider service and obligations on us, and is subject to the liability provisions for any Permitted User, as set out in the applicable Panel Management Agreement, Panel Membership agreement or Panel Membership Terms as applicable to you.

We exclude all liability for losses arising out of your reliance on the site when there have been errors or inaccuracies in the information provided by you on the site.

Access to the site and login details

We have the right to disable any user at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you has accessed the service or knows your personalised link, you must promptly notify us.

Restriction of Use

We reserve the right to restrict access to any part or all of this site.

Limitation of Liability

If you are an Unauthorised User:

We exclude all implied conditions, warranties, representations or other terms that may apply to the site or any content on it.

use of, or inability to use, the site; or
use of or reliance on any content displayed on the site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a Permitted User:

We provide the site for comercial and private use. You agree not to use the site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We exclude all liability for losses arising out of your reliance on the service when there have been errors or inaccuracies in the information provided by you into the service or you continuing to transfer funds when you have received a negative result from the service.