The Platforms are owned and operated by OffPeaks, a trading name of Piton Guides Ltd (“OffPeaks”). Piton Guides Ltd is a registered company in the United Kingdom under company number 09017444 and has its registered office at Cwm Cae Barn, Maypole, Monmouth, Monmouthshire, NP25 5QH, United Kingdom.
The Terms apply to you regardless of the means of delivery of the Platforms.
By using the Platforms, you acknowledge and agree that any and all liabilities, costs, damages, claims, expenses and losses suffered or incurred by you arising out of or in connection with any act or omission of another Customer, Instructor, user of the Platforms or any other Third Party (“Third Party”) will be limited to a claim against that Third Party and you agree not to bring any such claim or action against OffPeaks.
In the Terms any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Headings do not affect the interpretation of the Terms.
1.1 Now that you have registered, you can receive the full benefit of OffPeaks’ Platforms. You acknowledge and agree that OffPeaks has only developed the App for certain devices. To the extent that OffPeaks does not develop the App for a certain device, OffPeaks does not warrant that the App will be compatible with any such device.
1.2 OffPeaks provides an online platform connecting customers who wish to book instruction (“Instruction Services”) in respect of outdoor activities, pursuits, sports and hobbies (“Customer(s)”), with instructors who wish to provide such Instruction Services (“Instructor(s)”). Once you have registered, you may create your own personal profile (“Profile”). You may also offer Instruction Services to Customers by creating a listing (“Listing”).
1.3 Once you have registered your details, set up an account (“Account”) and agreed to the Terms, the Platforms can be used by you to facilitate:
1.3.1 the booking and purchase by you, as a Customer, of Instruction Services to be provided by an Instructor; and/or
1.3.2 the Listing, provision and sale by you, as an Instructor, of Instruction Services to be purchased by a Customer.
1.4 You acknowledge and agree that OffPeaks does not offer Instruction Services nor does OffPeaks employ any Instructors. OffPeaks’ sole responsibility is limited to:
1.4.1 providing the Platforms to enable the facilitation of introductions between Customers and Instructors; and
1.4.2 receiving payment of the Instruction Fees (defined in clause 8.1) on behalf of the relevant Instructor and paying such Instruction Fees (less the Administration Charges (defined in clause 8.1)) to such relevant Instructor.
1.5 OffPeaks provides the Platforms for Customers and Instructors to negotiate and complete transactions. Accordingly, the contract formed pursuant to clause 7.5 below for the provision of Instruction Services is solely between the Customer and the Instructor. You acknowledge and agree that OffPeaks is not a party to this contract nor assumes any liability or responsibility arising out of or in connection with it.
1.6 You acknowledge and agree that OffPeaks does not:
1.6.1 endorse any Instructors or Instruction Services;
1.6.2 confirm, or attempt to confirm the identity of any Customer, Instructor or user of the Platforms.
2.1 In order to book Instruction Services or create a Listing, you must register an Account with OffPeaks.
2.2 On registering an Account you must provide complete, true and accurate details. You acknowledge and agree that OffPeaks is entitled to rely on any such registration details you provide.
2.3 It is your responsibility to update and maintain changes to your Account using the appropriate feature on the Platforms.
2.4 You must have a valid bank account in order to receive payment for Instruction Services sold via the Platforms.
2.5 Where a user is an individual, each registration is for a single individual. Where a user is a company, each registration is for a single company. You must keep your registration details confidential. OffPeaks recommends that you do not select obvious registration details and that you change your registration details regularly.
2.6 You must choose a valid email address which gives you frequent access to emails as OffPeaks may need to contact you. You warrant to OffPeaks that you are entitled to receive emails to the email address you provide to OffPeaks. You also acknowledge and agree that OffPeaks may stop sending emails to you without notifying you.
2.7 You must not:
2.7.1 impersonate or try to impersonate a Third Party;
2.7.2 disclose your registration details to another Third Party;
2.7.3 allow another Third Party to use your registration details; or
2.7.4 use another Third Party’s registration details.
2.8 You are responsible for any and all usage in respect of your Account, even if another Third Party is using your Account without your knowledge. You agree to indemnify and keep indemnified, reimburse, refund and/or repay to OffPeaks any cost OffPeaks suffers or incurs arising out of or in connection with any use by you or any other Third Party of your Account.
2.9 If you become aware that another Third Party may have access to, or be using, your Account, you must tell OffPeaks as soon as possible using the Contact Us form. For the avoidance of any doubt, OffPeaks may terminate or suspend your access to the Platforms without any further obligation to you if you share your registration details with any other Third Party.
2.10 You may close your Account at any time by using the appropriate feature on the Platforms.
3.1 You can also access your Account (via the Platforms) by logging into any account you may have with certain Third Party social networking sites (“Social Networking Account”).
3.2 You may link via your Account to a Social Networking Account by:
3.2.1 providing login information for a Social Networking Account to OffPeaks via the Platforms; or
3.2.2 allowing OffPeaks to access a Social Networking Account, as is permitted under the applicable terms and conditions that govern your use of a Social Networking Account.
3.3 You confirm that you are entitled to disclose your login information for each Social Networking Account to OffPeaks and grant OffPeaks access to each such Social Networking Account without breach by you of any of the terms and conditions that govern your use of the applicable Social Networking Account.
3.4 By granting OffPeaks access to any Social Networking Account, you acknowledge and agree that:
3.4.1 OffPeaks will access, make available and store (where applicable) any content that you have provided to and stored in any Social Networking Account so that it is available on the Platforms; and
3.4.2 personally identifiable information that you post to any Social Networking Account will be available on the Platforms.
3.5 Content obtained from any Social Networking Account may no longer be available on the Platforms where:
3.5.1 a Social Networking Account or associated service becomes unavailable; or
3.5.2 OffPeaks’ access to any Social Networking Account is terminated by the Third Party service provider.
3.6 You may disable the connection between your Account and any Social Networking Account at any time by using the appropriate feature on the Platforms.
3.7 You acknowledge and agree that you are responsible for any and all content and information OffPeaks obtains from each Social Networking Account. You agree to indemnify and keep indemnified, reimburse, refund and/or repay to OffPeaks any amount OffPeaks suffers or incurs arising out of or in connection with any and all content and information OffPeaks obtains from any of your Social Networking Accounts.
Please note that this clause 4 applies to you where you are using the Platforms as a Customer.
4.1 As a Customer, you warrant to OffPeaks that:
4.1.1 you will check the suitability and qualifications of the Instructor for the Instruction Services you require;
4.1.2 you will ensure that all of your comments and statements made in connection with the Platforms, any Instructor, any Instruction Services and about yourself (whether as part of your Profile or otherwise) are complete, true and accurate in all respects;
4.1.3 you are personally responsible for any and all content and information posted by you or on your behalf (including any content obtained from any Social Networking Account) and your conduct on the Platforms and during the provision of any Instruction Services, such information and conduct to be in no way offensive, defamatory, infringing upon the rights (including the right to privacy and human rights) of any other person or entity;
4.1.4 you shall not incite or participate in the commission of a civil or criminal offence;
4.1.5 you will adhere to the Terms at all times;
4.1.6 you will comply with all applicable laws and regulations.
4.2 As a Customer, you must (at your own risk) assess the suitability of an Instructor. In respect of each Instructor, an Instructor’s experience is provided on his or her Profile. OffPeaks is not responsible for the information or content of any Profile as this information is provided by the Instructor. Accordingly, whilst OffPeaks requests Instructors to provide true, complete and accurate information, OffPeaks cannot be held responsible, and disclaims any and all liability and responsibility (whether directly or indirectly), relating to any Listing, Profile (or any other information provided by an Instructor) or any Instruction Services and any booking is made at the Customer’s own risk.
4.3 If you are under the age of 18 and wish to use the Platforms, you must first secure the express written permission of your parent and/or guardian and that parent and/or guardian must supervise and actively permit your use of the Platforms and purchase of any Instruction Services. In the event of such parent and/or guardian’s participation, that parent and/or guardian shall be treated as a user of the Platforms and subject to the Terms. If the parent and/or guardian does not agree to the Terms, you and your parent and/or guardian should refrain from using the Platforms.
4.4 You acknowledge and agree that OffPeaks is not your insurer. You are responsible for obtaining any and all insurance relating to the Instruction Services.
4.5 If you purchase Instruction Services from an Instructor, the contract formed at the completion of the sale is solely between you and the Instructor. OffPeaks is not a party to this contract nor assumes any liability or responsibility arising out of or in connection with it.
Please note that this clause 5 applies to you where you are using the Platforms as an Instructor.
5.1 As an Instructor, you may create Listings for the provision by you to Customers of Instruction Services. Listings will be made publicly available via the Platforms where Customers will be able to view and book Instruction Services.
5.2 You warrant to us and all other users (including all other Customers) of the Platforms that:
5.2.1 you have the requisite qualifications and experience to provide the Instruction Services you offer in each Listing;
5.2.2 you will ensure that all of your statements made in connection with the Platforms, any Customer, any Instruction Services and about yourself (whether as part of your Profile, a Listing or otherwise) are complete, true and accurate in all respects;
5.2.3 you are personally responsible for any and all content and information posted by you (including any content obtained from any Social Networking Account) and your conduct on the Platforms during the provision of any Instruction Services, such information and conduct to be in no way offensive, defamatory, infringing upon the rights (including the right to privacy and human rights) of any other person or entity;
5.2.4 you shall not incite or participate in the commission of a civil or criminal offence;
5.2.5 you will adhere to the Terms at all times; and
5.2.6 you will comply with all applicable laws and regulations.
5.3 You acknowledge and agree that as an Instructor, you are solely responsible for:
5.3.1 the provision of the Instruction Services;
5.3.2 assessing the ability and competency of each Customer and ensuring any Instructions Services are suitable for each such Customer;
5.3.3 dealing with any Customer claims or any other issue arising out of or in connection with the provisions of any Instruction Services under the contract between you and any Customer.
5.4 You shall on demand indemnify (and keep indemnified) OffPeaks against any and all liabilities, costs, damages, claims, expenses and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by OffPeaks arising out of or in connection with:
5.4.1 your use of the Platforms;
5.4.2 your failure to comply with the Terms;
5.4.3 any claim, complaint or dispute any Customer makes or brings against OffPeaks which relates (directly or indirectly) to the provision of any Instruction Services by you;
5.4.4 your failure to comply with any applicable laws or regulations.
5.5 OffPeaks may remove or disable access (at any time and without prior written notice to you) to any Listing where OffPeaks considers any Listing to fail to comply with the Terms or otherwise be harmful to the Platforms.
5.6 You acknowledge and agree that OffPeaks is neither your agent nor your insurer. If you provide Instruction Services to a Customer, the contract formed at the completion of the sale is solely between you and the Customer. OffPeaks is not a party to this contract nor assumes any liability or responsibility arising out of or in connection with it.
6.1 OffPeaks recommends that you obtain appropriate insurance to cover:
6.1.1 where you are an Instructor, the provision of the Instruction Services; and
6.1.2 where you are a Customer, the participation in the Instruction Services.
6.2 You acknowledge that any insurance purchased by you is under a contract between you and the insurance provider and that OffPeaks is not a party to any such contract.
6.3 If you need to make a claim under any insurance purchased by you, or have any other queries in respect of such insurance, you should contact your insurance provider directly and not OffPeaks as OffPeaks will not be able to assist you.
7.1 For a Customer to book the provision of Instruction Services from an Instructor, the Customer should use the appropriate feature on the Platforms.
7.2 When a Customer completes the booking of an Instructor via the Platforms, OffPeaks will provide (and the Customer consents to such provision) the relevant Instructor with:
7.2.1 the name of the Customer who has requested the booking, the name of any other people in the party, the dates of the booking, the proposed meeting point, and any other information provided during the booking process;
7.2.2 a link to the Customer’s Profile.
7.3 Once an Instructor has been booked, OffPeaks will:
7.3.1 notify both the Customer and the Instructor by email that the booking has been confirmed (“Confirmation Email”); and
7.3.2 take payment of the Instruction Fees from the Customer.
7.4 Once OffPeaks has sent the Confirmation Email and taken payment of the Instruction Fees from the Customer, a contract shall come into existence between the Customer and the Instructor. For the avoidance of doubt, OffPeaks is not a party to this contract nor assumes any liability or responsibility arising out of or in connection with it.
7.5 You agree to take all reasonable precautions when communicating with another user of the Platforms (including any other Customer or Instructor), particularly if you purchase or sell Instruction Services and you meet with a Customer or Instructor offline
8.1 For the purposes of the Terms:
8.1.1 “Listing Fee” means the hourly or daily fee listed on the Platforms by the Instructor for the provision of Instruction Services.
8.1.2 “Client Fee” means 10.0% of the Listing Fee. Client Fees are added to the Listing Fee, and will be retained by OffPeaks pursuant to clause 8.8 below (the Client Fee for the avoidance of any doubt includes any Referral Fees payable to an Instructor under the Referral Program pursuant to clause 9 below);
8.1.3 “Instructor Fee” means the maximum of fees charged by PayPal (or any other payment processing gateway used) or 3.0% of the Listing Fee to the Instructor, and are included in the Listing Fee.
8.1.4 “Instruction Fees” means the total charges to be paid by the Customer to OffPeaks (and which for the avoidance of any doubt includes the Listing Fee, Client Fee, Instructor Fee and any applicable Referral Fees) pursuant to clause 8.4 for the provision by an Instructor of Instruction Services.
8.2 OffPeaks does not charge any fees for Instructors to create Listings, nor does OffPeaks charge fees for Instructors to use the Platform to record and manage bookings that have not been made via the Platforms. If the Instructor choses to invoice Customers through the Platforms, the Instructor Fee may be charged to the Instructor to cover the cost processing Customer payments. Please note that OffPeaks may, in the future, decide to charge you for the creation of any Listing or the management of bookings not made by the Platforms but will notify you of any such decision (via the Platforms) before the same is implemented.
8.3 The Listing Fees are inclusive of all taxes.
8.4 Payment of the Instruction Fees shall be collected from the Customer pursuant to clause 7.3.2 above.
8.5 On receipt of the Instruction Fees from the Customer, the Customer’s obligation to pay the Instructor is extinguished and OffPeaks becomes responsible for paying the Instructor on the Customer’s behalf.
8.6 Each Instructor permits OffPeaks to hold the Instruction Fees on behalf of the Instructor until:
8.6.1 a payment is due to the Instructor pursuant to clause 8.8 or clause 11.2 below; or
8.7 Following completion of the Instruction Services OffPeaks will credit the Instructor’s PayPal account with an amount equal to the Listing Fee less the Instructor Fee and any other amounts due to OffPeaks pursuant to clause 11.4. Each Instructor authorises OffPeaks to deduct the Instructor Fee from the Listing Fee before any payment is made to the Instructor. OffPeaks will not issue a cheque nor will it make any payment in cash.
8.8 The Instructor Fee is exclusive of any taxes which, if applicable, will be payable by the Instructor in addition and deducted from the relevant Listing Fee.
8.9 OffPeaks does not offer tax-related advice. You acknowledge and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. You agree that you are responsible for the collection and/or payment of all taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Instruction Services via the Platforms. OffPeaks is not responsible for collecting, reporting, paying, or remitting to you any such taxes.
8.10 If you do not make any payment due to OffPeaks by the due date for payment, OffPeaks may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay OffPeaks interest together with any overdue amount. OffPeaks may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002.
9.1 As an Instructor, you acknowledge and agree that OffPeaks reserves the right (in its absolute discretion) to vary the Instructor Fee payable by you and/or the manner in which the Listing Fee are paid to you (collectively a “Fee Change”) at any time by giving notice to you (including, but not limited to, by email or posting on the Platforms) stating
9.2 If you do not agree to the Fee Change, you must refrain from using the Platforms as an Instructor before the Effective Date. By providing any Instruction Services on or after the Effective Date, you indicate that you accept the Fee Change and that you agree to abide by it in respect of those Instruction Services and any future Instruction Services that you provide to any Customer (subject to any further Fee Change).
10.1 You may cancel a booking for the provision of Instruction Services via the appropriate feature on the Platforms.
10.2 If you are a Customer and you cancel a confirmed booking for the provision of Instruction Services (being a booking for which you have received a Confirmation Email) (“Confirmed Booking”), you acknowledge and agree that you shall not be entitled to a refund of any of the Instruction Fees paid by you unless:
10.2.1 you cancel a Confirmed Booking no later than 42 days prior to the first day on which the Instruction Services are due to commence, in which case you will receive a refund of 100% of the Instruction Fees less any fees incurred in processing the booking and refund; or
10.2.2 you cancel a Confirmed Booking no later than 28 days prior to the first day on which the Instruction Services are due to commence, in which case you will receive a refund of 50% of the Instruction Fees less any fees incurred in processing the booking and refund.
10.3 All Instruction Fees not refunded to the Customer pursuant to clause 11.2 shall, upon receipt by OffPeaks of the Customer’s notification of the Customer’s cancellation, be credited to the Instructor’s bank account with an amount equal to the Instruction Fees less the Client Fee.
10.4 If you are an Instructor and you cancel a confirmed booking for the provision of Instruction Services (being a booking for which you have received a Confirmation Email), you acknowledge and agree that you shall not be entitled to receive any Instruction Fees. The Instruction Fees shall be refunded in full to the Customer. If any costs are incurred by OffPeaks during any such refund process fees, OffPeaks retains the right to either: i) deduct such fees from future monies remitted to the Instructor for future Instruction Services, or ii) invoice the Instructor separately for these costs.
11.1 Under the Consumer Protection (Distance Selling) Regulations 2000, a Customer may cancel many online purchases up to seven working days after the transaction has been made (“Cooling-Off Period”), unless the services being purchased by the Customer have already commenced.
11.2 Once the transaction has been made, OffPeaks will send the Customer a Confirmation Email on behalf of the Instructor containing information relating to the Instruction Services. Accordingly, once the transaction has been made, the provision of the services by the Instructor to the Customer has commenced. As such, the Customer agrees that the Customer shall not be entitled to cancel the transaction between the Customer and the Instructor and have the benefit of the Cooling-Off Period.
11.3 If, as a Customer, you do not want to lose your right to the Cooling-Off Period, you should not book any Instruction Services via the Platforms.
12.1 The Platforms allow Customers to view the Instruction Fees for Listings in a number of different currencies. However, if a Customer purchases the provision of Instruction Services from an Instructor, the Customer shall be charged in the currency selected by the Instructor. The exchange rates used by the Platforms and which are applied to the Instruction Fees shall be determined by the exchange rates used and uploaded to the Platforms by OffPeaks from time to time.
12.2 You acknowledge and agree that the applicable exchange rate used for currency conversion by the Platforms may not be identical to the market rate in effect at any particular time.
15.1 You agree that by submitting and/or uploading any comments, posts, any user generated content and/or any other content (including without limitation your name, address and profile picture) (“Content”) to the Platforms, you grant to OffPeaks a royalty-free, non-exclusive, perpetual, irrevocable licence to use, copy, edit, adapt, publish, reproduce, translate, sub-licence, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of the Terms. By submitting your Content, you warrant that you have the right to grant this licence. To the extent permitted by law, you waive all your moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
15.2 OffPeaks may publish, check, edit or remove all or part of any Content from the Platforms at its sole discretion from time to time.
15.3 For the avoidance of any doubt, you acknowledge and agree that OffPeaks may:
15.3.1 continue to publish all or part of your Content even if you change your mind and want OffPeaks to remove it and/or you are no longer registered with the Platforms;
15.3.2 remove your Content at OffPeaks’ sole discretion (even if you have not breached the Terms);
15.3.3 use all or part of your Content in promoting OffPeaks’ products and services;
15.3.4 reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images; and
15.3.5 modify your Content in any way at OffPeaks’ sole discretion.
15.4 OffPeaks does not check, monitor, moderate or even see all the comments and other material submitted to it. While some comments and the applications may be pre-moderated (i.e. checked in advance by OffPeaks before publication), some comments and other content is not.
16.1 You warrant and represent that you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material proprietary to a Third Party, you warrant that you have obtained the permission of such Third Party to use their material in accordance with the provisions of the Terms.
16.2 You warrant that the Content will not:
16.2.1 be inappropriate. The Content will be considered inappropriate if it is:
(a) defamatory, plagiarised, abusive, malicious, threatening, false, misleading, offensive, discriminatory, harassing, racist or sexist;
(b) contains taunts, rudeness, insults, name-calling, indecent suggestions, profanity;
(c) quotes others of out context to create misleading or negative impressions;
(d) indecent, obscene, pornographic or of a sexual nature; or
(e) a breach of confidentiality or another person’s privacy,
16.2.2 prejudice any active legal proceedings of which you are aware;
16.2.3 contain accusations of impropriety or personal criticism of OffPeaks’ staff;
16.2.4 be likely to:
(a) cause someone alarm, anxiety or distress;
(b) incite any other person to breach civil behaviour;
(c) encourage violence or racial or religious hatred; and/or
(d) directly or indirectly cause, incite and/or encourage the commission of any civil and/or criminal offence under the laws of all applicable jurisdictions
(e) infringe any intellectual property rights proprietary to us or any other Third Party;
16.2.5 be technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
16.2.6 offer, advertise or promote any product or service or make any requests for donations or financial support;
16.2.7 constitute spam or junk content;
16.2.8 impersonate another person or otherwise misrepresent your identity, affiliation or status;
16.2.9 encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful; or
16.2.10 is in breach of the Terms.
16.3 You must not attempt to avoid or undermine any protections OffPeaks has put in place for the security and operation of the Platforms.
16.4 You must not attempt to gain unauthorised access to the Platforms, the server on which the Platforms are hosted or any server, computer or database connected to the Platforms. By breaching the provisions of this clause 16.4, you may be committing a criminal offence under the Computer Misuse Act 1990. In such circumstances, OffPeaks shall report any such breach to the relevant law enforcement authorities and OffPeaks will co-operate with those authorities by disclosing your identity to them and your right to use the Platforms shall immediately and automatically cease.
16.5 Unless you have OffPeaks’ express written permission to do so, you must not re-submit any Content or other materials that have previously been removed.
17.1 OffPeaks may suspend, terminate or otherwise prevent access to your Account or the Platforms at any time acting in its sole discretion.
17.2 Where OffPeaks suspends, terminates or otherwise prevents access to your Account or the Platforms, you must not attempt to re-register or submit any Content without OffPeaks’ prior written consent.
17.3 For the avoidance of doubt, where OffPeaks suspends, terminates or otherwise prevents access to your Account or the Platforms, OffPeaks may continue to use your Content and any other materials in accordance with the provisions of the Terms.
18.1 You agree that your use of the Platforms (including any Listing or purchasing of any Instruction Services via the Platforms and any contact you may have with any other users of the Platforms (whether in person or offline)) is entirely at your own risk.
18.2 In preparing the Platforms, OffPeaks has endeavoured to offer current, correct and clearly expressed information. However, OffPeaks cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability or responsibility for any reliance placed by any person on the information.
18.3 You acknowledge that the Platforms are provided on an “as is” basis and that OffPeaks makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Platforms for any purpose. OffPeaks expressly disclaims (to the extent legally permissible) all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
18.4 The Platforms may contain advertisements. OffPeaks is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material.
18.5 OffPeaks shall not be liable for any loss or damage whatsoever, whether based on contract, tort (including negligence), breach of statutory duty, or otherwise, even if OffPeaks has been advised of the possibility of such loss or damage, including but not limited to any:
18.5.1 loss of use;
18.5.2 loss or corruption of data;
18.5.3 loss of profits or anticipated profits;
18.5.4 loss of business;
18.5.5 loss of savings;
18.5.6 loss of opportunity; or
18.5.7 indirect, special or consequential losses, arising from your use of or inability to use the Platforms or any Listing, purchase or participation in any Instruction Services or any contact you have with any other user of the Platforms (whether online of offline).
18.6 OffPeaks’ total liability to you in respect of any loss or damage arising under or in connection with your use of or inability to use the Platforms or any Listing, purchase or participation in any Instruction Services or any contact you have with any other user of the Platforms (whether online of offline), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed:
18.6.1 as an Instructor, the total of all Administration Charges paid or payable by you to OffPeaks in the 6 month period immediately preceding the relevant claim; or
18.6.2 as a Customer, the Instruction Fees paid or payable
18.8 Notwithstanding anything in the Terms, OffPeaks does not disclaim liability for death or injury caused by its own negligence or any other liability that cannot be limited or excluded in accordance with any applicable laws.
You acknowledge and agree that from time to time OffPeaks may need to:
19.1.1 fix defects and errors in the Platforms;
19.1.2 install updates and undertake general diagnosis and maintenance of the Platforms; and
19.1.3 undertake emergency maintenance and/or suspend access to the servers; and that as a result of which the Platforms may be less accessible or unavailable to you from time to time.
20.1 Unless otherwise specified, the Platforms are directed solely at those who access them from the UK. Those who choose to access the Platforms from locations outside of the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
20.2 A failure or delay by OffPeaks in enforcing compliance with the Terms shall not be a waiver of that or any other provision of the Terms.
20.3 If any provisions of the Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
20.4 The Terms constitute the entire agreement between you and OffPeaks as to your use of the Platforms and shall supersede any prior agreement or representation in respect thereof.
20.5 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
20.6 Any and all notices to be given by either you or OffPeaks to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail addressed to you at the e-mail address you have given to OffPeaks or to OffPeaks at the e-mail address displayed on the Platform.
20.7 OffPeaks shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Terms that is caused by any event beyond its reasonable control.
20.8 English law governs the Terms and you submit to the exclusive jurisdiction of the English courts.
Thank you for visiting the Platforms of OffPeaks. If you have any concerns about any content on the Platforms, please contact OffPeaks via theContact Us page.