This agreement is between you, the user of this website, and Midnuances, the owner of this website. It is assumed that you agree to comply with and be bound by clauses 1, 2, 4-11 and 15-25 of these Terms and Conditions on your first use of the website. Clauses 3 and 12-14 apply only to the sale of the services. If you do not agree to be bound by these Terms and Conditions, you should stop using this website immediately.
No part of this website is intended as a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to have taken place when we send you a confirmation email stating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, payment information and credentials used by Users to access Paid Content and/or any communication system on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or is part of the website;
"Services": means the services available to you through this website, in particular the use of Midnuances proprietary e-learning platform;
"Payment Information": means any details required to purchase the Services from this website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"System": means any online communication infrastructure that Midnuances makes available through the Website, now or in the future. This includes, but is not limited to, web-based email, message boards, live chat tools and email links;
"User"/"Users": means any third party accessing the Website and not employed by Midnuances Ltd and acting in the course of their employment;
"Website": means the website you are currently using (academy.midnuances.com) and any subdomains of this site (e.g. subdomain.yourschool.com) unless they are expressly excluded by their terms and conditions; And
"We/Our": means Midnuances, a company based in Via Mulino Vecchio 9, Guarene, Italy, VAT number 03980250041.
People under the age of 18 should only use this website under adult supervision. Payment information must be provided by an adult or with his/her permission.
These Terms and Conditions also apply to customers who acquire the Services as part of the commercial activity.
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4.1 Subject to the exceptions set out in Clause 5 of these Terms and Conditions, all Content included on the Website, except those uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layouts, source code and software are the property of Midnuances, our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable intellectual property laws and other international laws.
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4.2 With exception to Clause 6, you may not reproduce, copy, distribute, store or in any other way re-use material from the Website, unless otherwise indicated on the Website or unless we have express written permission to do so.
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5.1 Unless explicitly stated otherwise, all intellectual property rights, including but not limited to copyrights and trademarks, to product images and descriptions belong to the manufacturers or distributors of the aforementioned products, if applicable.
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5.2 Except as provided in Clause 6, you may not reproduce, copy, distribute, store or in any other way re-use such materials, unless otherwise stated on the website or unless express written permission is granted by the relevant manufacturer or supplier.
Material from this website may be reused without written permission if any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This web page may contain links to other sites. Unless explicitly stated otherwise, these sites are not under the control of Midnuances or our affiliates. We assume no responsibility for the contents of those websites and disclaim any liability for any form of loss or damage arising from the use of them. The inclusion of a link to another site on this web page does not imply an endorsement of the sites themselves or of those who control them.
Those wishing to place a link to this website on other sites may only do so on the main page of the academy.midnuances.com site without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission. To find out more, contact us by email at info@midnuances.com
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9.1 When using any system on this website, you should do so in compliance with the following rules. Failure to comply with these rules could result in the suspension or closure of your account and the non-refund of the amount spent to gain access to our services:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is illegal or otherwise inappropriate. This includes, but is not limited to, Content that is sexual, abusive, threatening, harassing, defamatory, age, gender, or racial in nature;
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9.1.3 You must not submit Content that promotes or incites violence;
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9.1.4 It is advisable to send requests for assistance using the Italian or English language as we may not be able to respond to requests sent in other languages;
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9.1.5 The manner in which you identify yourself must not violate these Terms and Conditions or any applicable law;
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9.1.6 You must not impersonate any other person, especially employees and representatives of Midnuances or our affiliates;
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9.1.7 You must not use our System for any unauthorized mass communications such as "spam" or "junk mail".
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9.2 You acknowledge that Midnuances reserves the right to monitor all communications made to Us or using Our System.
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9.3 You acknowledge that Midnuances may retain copies of all communications made to Us or using Our System.
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9.4 You acknowledge that any written or media information such as photographs, illustrations, audio or video that you submit to Us via Our System may be modified by Us in any way and you therefore waive your moral right to be identified as the author of that information. Any restrictions You wish to place on Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 To acquire Services on this website and to use certain other parts of the System, you must create an Account which will contain certain personal details and Payment Information which may vary based on your use of the website as we may not require payment information until you want to make a purchase. By continuing to use this website you represent and warrant that:
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10.1.1 all information you provide is accurate and truthful;
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10.1.2 you are permitted to provide payment information where required;
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10.1.3 you will keep this information accurate and up to date. Creating an account is further confirmation of your representation and warranty.
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10.2 You are advised not to share your account details, especially your username and password. We accept no responsibility for any loss or damage suffered as a result of your sharing your account details. If you use a shared computer, we recommend that you do not save your account details in your internet browser.
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10.3 If you have reason to believe that your account details have been obtained from another person without your consent, you should contact us immediately to suspend your account and cancel any pending unauthorized orders or payments. Please note that orders or payments can only be canceled until the provision of services has begun. In case you have subscribed to a monthly recurring subscription and in the event that the unauthorized supply begins before you inform us of the unauthorized nature of the order or payment, you will be charged for the period from the start date of the supply of the services until on the date you informed us. In the event that it is not a subscription but a one-off payment, and the supply has started before the date on which you informed us. We reserve the right to study and weigh each case individually, and, where possible, make an exception to the rules in clause 10.3.
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10.4 When choosing your username, you must comply with the terms set out in Clause 9 above. Failure to comply with these terms may result in the suspension and/or cancellation of your account.
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11.1 Both Midnuances and you can terminate/cancel your Account. If we terminate/cancel your Account, we will notify you by email and provide you with an explanation for the termination/cancellation. Nevertheless, we reserve the right to terminate/cancel without giving reasons.
- 11.2 If We terminate/cancel your Account, any pending orders or payments on your Account will be canceled and provision of the Services will not commence.
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12.1 Whilst every effort has been made to ensure that all general descriptions of the Services available from Midnuances match the actual Services to be provided to you, we are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual needs and circumstances. This does not exclude our liability for errors due to our negligence and refers only to variations of the correct Services, not to different Services altogether. Please refer to sub-clause 13.8 for Incorrect Services.
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12.2 When appropriate, it may be necessary to select the required Service Plan.
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12.3 We make no representations or warranties that such Services will be available at all times and we cannot confirm availability until your Order is confirmed. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and to modify or remove special offers from time to time and as necessary.
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12.5 In the event that prices change during the period between placing an order for the Services and our processing of the order and taking payment, then the price valid at the time of the order will be used.
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13.1 No part of this website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer which we may, in our sole discretion, accept. Our acceptance will be indicated by sending an order confirmation email to you. Only after you have sent your order confirmation email will a binding contract be formed between Midnuances and you.
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13.2 The order confirmations referred to in point 13.1 will be sent to you before the start of the Services and will contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Detailed price of the Services ordered, including, where appropriate, taxes, delivery and any additional costs;
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13.2.3 relevant times and dates for the provision of the Services;
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13.2.4 User credentials and information relevant to accessing such Services.
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13.3 If, for whatever reason, we do not accept your order, no payment will be made under normal circumstances. In any event, any amount paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the Services will be made to the payment method chosen by you, immediately for any setup fees which correspond to the service plan you have purchased and on the same day of each subsequent month ("billing cycle") for the charges accumulated during the previous month ("billing cycle") AND/OR as indicated in the order acknowledgment you have received.
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13.5 We aim to fulfill your order within 2-3 working days or, if not possible, within a reasonable period after your order, unless exceptional circumstances occur. If we cannot fulfill your order within a reasonable period, we will inform you at the time of placing the order with a notice on the relevant webpage or by contacting you directly after you have placed the order. Time is not of the essence of the Contract, which means we will try to fulfill your order within any agreed timeframes, but this is not an essential term of the Contract, and we will not be liable to you if we do not do so. If the Services are to commence within 14 calendar days from our acceptance of your order, at your explicit request, you must expressly acknowledge that your statutory rights of withdrawal, as detailed below in Clause 14, will be affected.
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13.6 Midnuances will use all our reasonable efforts to provide the Services with reasonable skill and care, in accordance with best commercial practice.
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13.7 In the event that Services are provided which are not in accordance with your order and therefore incorrect, you should contact us immediately to inform us of the error. We will ensure that any necessary corrections are made within five (5) business days.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of these terms and conditions when you complete your order.
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13.8 Midnuances Academy of Photography provides technical support via our online support. Midnuances makes every effort to respond promptly, but we do not guarantee a specific response time.
We want you to be completely satisfied with the Products or Services you order from Midnuances. If you need to speak to us about your Order, please contact customer support by email at info@midnuances.com. You can cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms relating to the cancellation of the Service, the cancellation policy in the Specific Terms will apply.
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14.1 You have the right of withdrawal from the contract between you and Midnuances. This period begins once your order is confirmed and the contract between Midnuances and you is formed and ends at the end of 14 days after that date. If you change your mind about the Services within this period and wish to cancel your order, please notify us immediately by writing to support@midnuances.com. Your right to cancel during the cancellation period is subject to the provisions of sub-clause 14.2.
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14.2 By purchasing one of our products you accept the following regarding the rules of withdrawal:
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14.2.1 If you have already fully utilized the services/products we offer and/or we have already delivered a certificate of completion within the 14-day cooling-off period, or if you have used and completed more than 50% of the educational material your purchased, you will lose the right of withdrawal.
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14.2.2 If you cancel the Services after starting using our services/products has started but you have not yet used more than 50% of the educational material and/or we have not yet delivered a certificate of completion, you will be refunded 100% of the costs incurred, if the date of the refund request and the cancellation of the account do not exceed 14 calendar days from the start of the service provision. Refunds, if applicable, will be issued within 14 calendar days after you inform us of the cancellation.
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14.3 Cancellation of the Services after the 14-day cooling-off period has expired will not entitle you to any refund.
Your use of the Website is also governed by our Privacy Policy
https://academy.midnuances.com/privacy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, click on the link above. indicato.
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16.1 Any personal information we may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that law.
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16.2 We may use your data to:
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16.2.1 To provide you with our Services;
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16.2.2 Process payment for the Services;
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16.2.3 Inform you of new products and services available from us. You can request to stop receiving this information at any time.
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16.3 In certain circumstances (for example if you wish to purchase Services on credit) and with your consent, we may provide your personal information to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and store your personal information accordingly.
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16.4 We will not provide your personal information to any other third party without first obtaining your explicit permission.
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17.1 We make no warranties or representations that the Website will meet your requirements, be of satisfactory quality, be fit for a particular purpose, not infringe any third party rights, be compatible with all systems, be secure and that all information provided is accurate. We make no guarantees of specific results from your use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content on this Website should not be relied upon when making decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 While we will use reasonable efforts to ensure that the Website is secure and free from errors, viruses and other malware, we strongly encourage you to take responsibility for your own internet security, personal information and computer systems.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to change these Terms and Conditions by law, those changes will automatically apply to any currently pending orders as well as any orders you place in the future.
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19.1 The website is provided "as is" and on an "as available" basis. Midnuances uses industry best practices to ensure high availability, including a fault-tolerant architecture hosted on cloud servers. We do not provide any warranty that the website or its functionalities will be free from defects and/or errors, and we do not offer any refunds for interruptions. We do not provide warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
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19.2 We accept no responsibility for any disruption or unavailability of the Website resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communication network failure, power outage , natural events, acts of war or legal restrictions and censorship.
- 20.1 In the event that any of these clauses is found to be illegal, invalid or unenforceable, that clause will be deemed separate from these Terms of Use and will not affect the validity and enforceability of the remaining clauses. This provision applies only in jurisdictions where a particular provision is illegal.
The failure of any party to exercise any right or remedy contained in these Terms and Conditions will not be construed as a waiver of such right or remedy.
In the event of a conflict between these Terms and Conditions and any previous version thereof, the provisions of these Terms and Conditions will prevail unless expressly specified otherwise.
Nothing in these Terms and Conditions confers any rights on any third party. The agreement created by these Terms and Conditions is between you and Midnuances.
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24.1 All notices and notifications should be sent to us by email at info@midnuances.com. Such notice will be deemed received on the day sent if the email is received in full on a business day and on the following business day if the email is sent over the weekend or on a public holiday.
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24.2 From time to time, if you wish, we may send you information about our products and/or services. If you do not wish to receive this information, please click on the "Unsubscribe" link in any email you receive from us.
Contact us at info@midnuances.com for any questions.
