Terms & Conditions of business (eCommerce + e-Learning)

Please read these Terms carefully before using the Website or placing an Order. By using the Website, or by placing an Order for Digital Content, you confirm that you accept these Terms and that you agree to comply with them.

If you are using the Website as a Consumer, nothing in these Terms affects your statutory rights.

These Terms should be read together with the following documents, which form part of these Terms and are incorporated into them by reference:

• our Privacy Policy;
• our Cookie Policy;

Together, these documents set out the entire agreement between you and us in relation to your use of the Website and any Order, and they supersede any prior discussions or arrangements. If there is any conflict between these Terms and any other document referred to above, these Terms will prevail unless we expressly state otherwise.

2. About us

Surge Ahead Ltd is a Company incorporated in England and Wales (company number 10229055) with its registered office at 29 Cavell Court, Trowbridge, Wiltshire, BA14 0HH. We provide business training and eLearning services. For how to contact us, please use the ‘Contact’ section on our Website (https://www.surgeahead.co.uk/contact/) or see Section 27 (Notices) below.

3. Definitions

In these Terms:

“Business Customer” means a person acting for purposes relating to their trade, business, craft or profession.

“Business Day” means a day other than a Saturday, Sunday or public holiday in England.

“Business Hours” means 9:00am to 5:00pm on a Business Day.

“Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.

“Consumer Law” means the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and any other applicable consumer protection legislation in force from time to time (including, where you are a Consumer resident outside the UK, any mandatory consumer protection laws that apply to you in your country of residence).

“Contract” means the agreement formed under Section 5 (Contract Formation).

“Customer” / “you” means the Consumer or Business Customer purchasing or accessing Digital Content, and where the Customer is a business, “you” includes your authorised Users.

“Data Controller” means the person or organisation that determines the purposes and means of the processing of personal data (as those terms are used in Data Protection Law).

“Data Protection Law” means all applicable data protection and privacy laws in force in the UK from time to time, including the UK GDPR, the Data Protection Act 2018, the Data (Use and Access) Act 2025, and the Privacy and Electronic Communications Regulations 2003 (PECR), together with any replacement or successor legislation.

“Digital Content” means data produced and supplied in digital form, including eLearning modules, online courses, video content, downloads, assessments, and all digital training materials delivered electronically.

“Services” means any support services we provide in connection with Digital Content (for example access support and technical support), as described at the point of sale.

“Users” means the individual end users nominated by the Customer to access Digital Content, and any access credentials issued to a User are for that User only.

“Order” means your purchase of Digital Content.

“Website” means www.surgeahead.co.uk and any related domains or platforms, including all pages, general content and materials, features and functionality made available through them.

4. Eligibility and availability

Eligibility. To create an Order, you must be at least 18 years old. If the legal adult age is higher where you live, you must meet that higher age.

Availability. We do not guarantee that the Website, or any Digital Content on it, will always be available or uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website or Digital Content. Where reasonably practicable, we will give you notice if a change affects Digital Content you have already purchased. We will not be liable to you if the Website is unavailable at any time for any reason, except that nothing in this section limits any liability or remedies we cannot exclude under applicable law.

5. Contract formation

Website use (no purchase). A contract for Website use is formed when you access or use the Website.

Orders. A contract is formed when we accept your Order (for example by email confirmation) or when we provide you with access to the Digital Content after payment (whichever is the earlier).

When we can cancel your Order. We may refuse or cancel your Order if payment is not authorised, we reasonably suspect fraud or misuse, or delivery/performance is not reasonably possible. If we cancel your Order we will notify you and issue a full refund of any amounts you have paid for the cancelled Order.

6. Pre-contract information (consumers)

If you are a Consumer, key information about the Digital Content (including main characteristics, price (including any applicable taxes), duration of access (if relevant), technical requirements, any applicable restrictions (including any territorial or legal restrictions) and how to contact us) will be provided on our Website and/or at checkout before you place your Order, and forms part of the Contract.

7. Non-UK customers

Our Digital Content is intended for purchase and use by Business Customers and Consumers in the UK. If you are a Consumer purchasing Digital Content from outside the UK, you do so at your own initiative and you may have mandatory rights under the laws of your country of residence (for example, rights relating to digital content conformity, remedies, cooling-off/cancellation and unfair terms). Nothing in these Terms is intended to exclude or limit any such mandatory rights that apply to you, and we will comply with them where they apply to the Contract. We may refuse, restrict or cancel Orders from outside the UK where we reasonably consider that access, payment, legal compliance or delivery/performance is not reasonably possible, in which case we will notify you and provide a refund for the affected Order.

8. What we provide

We provide eLearning digital content to help develop knowledge, online courses, assessments, sessions, self-paced eLearning modules, and related supporting materials and resources.

9. What we do not provide

We provide training and educational content only and do not provide regulated, professional or advisory services (including financial, legal or tax advice, investment or other regulated advice, consultancy services, business audits, due diligence, research or diagnostic services), so any examples, tools or suggestions we share are for general learning purposes only and you should not rely on them as professional advice. Please obtain independent advice where appropriate before taking action.

10. Digital content (e-learning access)

Access. Access to Digital Content is provided under licence (not sold) and is delivered electronically via our platform or a secure link. Access is personal to you (if you are an individual) or, if you are a Business Customer, limited to your nominated User(s), and it must not be shared with anyone else; you must keep all login credentials confidential.

Changes to Digital Content and Platform Availability. We may update, change, replace, remove or discontinue Digital Content and/or the platform (including by retiring or migrating platforms) from time to time, including for legal, regulatory, security, technical or operational reasons. We will use reasonable efforts to ensure that any such change does not materially and adversely reduce the overall functionality or learning value of the Digital Content you have purchased during the applicable access period. If access is described as “lifetime access”, this means access for as long as we (or our platform providers) continue to make the content available. If we withdraw a module or a change materially and adversely reduces access to the Digital Content you have purchased, we may provide access to a substantially equivalent replacement where reasonably available; if we cannot do so, we will provide a fair and proportionate refund for any unused portion of any paid access period (and for lifetime access, a reasonable partial refund based on the price paid and remaining learning value), in each case subject to any mandatory rights you have may have under Consumer Law. We do not guarantee uninterrupted availability.

Licence to Use Digital Content. When you buy Digital Content, you receive a non-exclusive, non-transferable and revocable licence to access and use it for internal learning purposes only. If you are a Consumer, this licence is for your personal use only. If you are a Business Customer, this licence is limited to your nominated User(s) and your internal training purposes only, and it does not permit use by any third party (including contractors or group companies) unless we agree in writing.

How Long You Can Access the Digital Content. Your access will be either time-limited (for example, 6 or 12 months) or “lifetime access” where this is clearly stated at the point of sale.

How You May and May Not Use the Digital Content. You must not (and must not allow anyone else to): copy, reproduce, record, download for redistribution, publish, sell, resell, rent, licence, or otherwise make the Digital Content available to others. You must not upload the Digital Content to any internal systems, AI tools, learning platforms or other software except to the extent expressly permitted by your licence or agreed by us in writing. You must not share login credentials or allow anyone else to access the Digital Content using your account.

Suspension for Misuse or Breach. We may suspend or restrict access to the Digital Content (in whole or in part) if we reasonably believe there has been misuse, unauthorised sharing, a security issue, or a breach of these Terms. Where reasonably possible, we will notify you and give you an opportunity to fix the issue before suspending access, unless we need to act immediately to protect the Website, platform, content, or other users.

11. Licence and intellectual property

Our Intellectual Property. We own (or have appropriate licences to use) the intellectual property rights in the Website and any platforms we use to provide it. Your use of the Website is by way of a limited licence only. No ownership or other intellectual property rights in the Website, any platforms, or the Digital Content transfer to you under these Terms or otherwise. Certain parts of the Website, the platform and/or the Digital Content may be owned by third parties (for example our website developer, hosting provider, eLearning platform provider, or other suppliers) and are used under licence or other arrangements; nothing in these Terms transfers ownership of any third-party intellectual property rights. These rights are protected by copyright, trade marks and other intellectual property laws.

What You’re Allowed to Do. You may use the Website and access the Digital Content for your own personal use (if you are a Consumer) or for your internal business purposes (if you are a Business Customer), in each case in accordance with these Terms. You may also print or download reasonable extracts of resources you receive as part of your Order for that same personal or internal business use.

What You’re Not Allowed to Do (No Copying or Resale). You must not copy, modify, reproduce, record, distribute, publish, sell, resell, rent, lease, licence, or otherwise make available any part of the Website or Digital Content to anyone else unless we have given you written permission. You must not use any Digital Content for commercial purposes unless you have obtained a licence from us or our licensors.

Trade Marks and Branding. Our name and logos (and any third-party names and logos on the Website) may be trade marks. You must not use them without the relevant owner’s permission unless permitted by law.

12. Prices and payment

Prices (Including VAT and other taxes). Prices for Digital Content are shown on our Website and/or confirmed to you before you place an Order. Prices include UK VAT where stated; if UK VAT applies and is not included, we will show this at checkout or before purchase. If you purchase from outside the UK, you may be responsible for any local taxes (including VAT, GST or sales taxes), bank charges and/or currency conversion charges that apply in your country, unless we expressly state at checkout that such taxes are included or collected by us.

Pricing Errors. If we discover an obvious pricing error before we accept your Order, we will tell you and you may either place the Order again at the correct price or cancel for a full refund of any amounts you have paid. If we discover an obvious pricing error after we have accepted your Order, we will contact you as soon as reasonably possible and you may choose to continue at the corrected price or cancel for a full refund for the affected Order (and if we cannot reach you within a reasonable time, we may cancel and refund you).

Payment Terms. Unless we agree otherwise in writing, payment must be made in full at the time you place your Order.

Payment Processing and Card Details. We use secure third-party payment providers to process payments. We do not store your full card details (although our providers may do so in accordance with their own terms and privacy policies).

Non-Payment (Access May be Withheld or Suspended). If payment is not received or is reversed/charged back, we may withhold access to the Services or Digital Content and/or suspend access until payment is received in full.

13. Consumer cancellation rights (UK Consumers)

Your 14-day right to cancel (cooling-off period). If you are a Consumer and you buy Digital Content online, you generally have the right to cancel your Order within 14 days under Consumer Law.

When the 14 days starts and ends. For Digital Content, the 14-day cancellation period starts on the day the Contract is formed and ends 14 days later unless you ask us to supply the Digital Content during that period (in which case the Digital Content waiver applies).

How to cancel. To cancel, you must give us a clear statement (for example by email) that you want to cancel. Please use the contact details in Section 24 (Contact) and follow the notice rules in Section 25 (Notices). We will confirm receipt of your cancellation.

Refunds if you cancel within the cooling-off period. If you cancel in time, we will refund you using the same payment method you used unless we agree otherwise.

Digital Content waiver (when you lose the right to cancel). If you request immediate access to Digital Content during the 14-day cooling-off period, you agree that:

• you expressly consent to us supplying the Digital Content immediately; and
• you acknowledge that you will lose your statutory right to cancel once the Digital Content is made available to you (for example, when access begins or a download starts).

Other important rights (not affected by this Section 13). Nothing in these Terms limits your legal rights if the Digital Content is not provided with reasonable care and skill, are not as described, or the Digital Content is faulty. Those rights are separate from (and can apply in addition to) the 14-day cooling-off right.

12. No guarantee of outcomes

Our Digital Content is designed to support learning and development, but results will vary and depend on how you apply the content in practice, so we do not guarantee any particular business performance improvements, financial outcomes, employment or organisational results, or specific operational changes.

15. Your responsibilities

You agree to:

• engage with the Digital Content and complete any learning activities as appropriate;
• ensure that any information you provide to us is accurate and up to date;
• use reasonable judgement when applying the training content; and 
• obtain independent professional advice where appropriate.

You understand that you remain responsible for any decisions you make (and the outcomes of those decisions) based on the Digital Content.

16. Limitation of liability

Liability we cannot exclude or limit. Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot legally be excluded or limited under applicable law.

When we are not liable. Subject to the above, and to the fullest extent permitted by law: (i) we are not liable for any outcomes resulting from your use of, reliance on, or implementation of the training content, or for decisions, actions or inaction taken by you (or, if you are a Business Customer, by your organisation, employees, contractors or Users) based on the Services or Digital Content; and (ii) we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, business, goodwill, opportunity or anticipated savings.

Liability cap. Subject to the above, our total aggregate liability arising out of or in connection with the Contract (whether in contract, tort (including negligence), breach of statutory duty or otherwise) is limited to the fees actually paid by you for the specific Digital Content giving rise to the claim.

Consumer statutory rights preserved. If you are a Consumer, we only exclude or limit our liability to the extent permitted by Consumer Law and nothing in these Terms affects your statutory rights.

17. Website terms of use

Use of the Website. You may use the Website only for lawful purposes and in accordance with these Terms. You must not misuse the Website, introduce viruses or other harmful material, attempt to gain unauthorised access to the Website or any server, or interfere with the security or performance of the Website.

Account registration and security. Where we provide an account (including for our training platforms), you must keep your login details confidential and take all reasonable steps to prevent unauthorised access. You are responsible for all activity on your User account. We may suspend or disable your account if we reasonably believe there has been a security breach, unauthorised access, misuse or breach of these Terms.

Website content and availability. Website content is provided for general information only. We do not guarantee that the Website will be available at all times or that content is accurate, complete or up to date.

Links to third parties. The Website may contain links to third-party sites or services. We are not responsible for third-party sites or their terms, content, security or privacy practices.

Viruses and security. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

18. Platform access

We aim to provide continuous access to Digital Content, but access may occasionally be unavailable due to maintenance, updates, or issues affecting us or our third-party providers. We are not liable for short, temporary interruptions outside our reasonable control, and we will take reasonable steps to restore access as soon as reasonably practicable.

19. Change of provider / platform portability

We may change, replace or appoint new third-party providers to develop, host, support, maintain or deliver the Website, the platform used to deliver Digital Content and/or any related Services (including moving to a different hosting environment, eLearning platform, payment provider or support provider) without needing to amend these Terms. Any such change will not reduce your existing rights under these Terms in respect of Orders already accepted, and we will take reasonable steps to ensure continuity of access and to migrate relevant Customer Data and accounts where applicable, subject to technical feasibility and any third-party rights and restrictions.

20. Marketing communications

We will only send you marketing communications where legally permitted (for example, with your consent or, if you are an existing customer, to market similar Services), and you can opt out at any time using the unsubscribe link in any message or by contacting us (see the Contact section); for more information about how we use your personal data and your rights, please see our Privacy Policy.

21. Data protection

We process your personal data in line with Data Protection Law. For the purposes of Data Protection Law, we are the Data Controller of the personal data we collect and use in connection with the Website, Digital Content and any Orders. We process that personal data ourselves and we also use third-party service providers that process personal data on our behalf (for example hosting, eLearning platform, email and payment providers) (each a “Processor”, and any Processor it appoints a “Sub-processor”). We may change or appoint new Processors or Sub-processors without your consent, provided we ensure they are subject to written obligations to protect your personal data and to process it only on our documented instructions (and with substantially similar data protection obligations to those we apply). For full details of what we collect, how we use it, who we share it with, and your rights, please see our Privacy Policy (which forms part of these Terms).

22. Cookies

Cookies. We use cookies to help the Website work properly and understand how it’s used.

Your choice. We only use non-essential cookies (like analytics and marketing cookies) if you consent. You can change your mind at any time in cookie settings tool.

More details. For more information (including what cookies we use and how long they last), see our Cookie Policy (which forms part of these Terms).

23. Confidentiality

What “confidential” means. “Confidential Information” means information that isn’t public and that is shared in connection with the Website and the Digital Content. This includes our training materials and content (such as course structure, methods, templates, assessments, recordings, slides and workbooks), our pricing and plans, and any log-in details or access links. It also includes any non-public business information you share with us during training.

Do not share our content or access. You must keep our Confidential Information private. Unless we agree in writing, you must not:

• share it with anyone else;
• post it online or on social media;
• record, copy, upload, distribute, or make it available to others; or
• upload it into AI tools, chatbots, internal knowledge bases, learning platforms, or file-sharing systems.

You must keep your account and log-in details secure and not let anyone else use them.

Business customers (limited internal use). If you are buying as a business, you may share Confidential Information only with your nominated User(s) and only as needed for internal training. You are responsible for making sure they follow this clause.

How we treat your information. We will keep your non-public business information confidential and only use it to provide the Digital Content, provide support, and manage our relationship. We may share it with trusted service providers or advisers where they need it to help us perform this Contract, or if the law requires it.

When confidentiality doesn’t apply. Confidentiality doesn’t apply to information that the receiving party can show is already public (through no fault of theirs), was already lawfully known to them, or was independently created without using the other party’s confidential information.

How long it lasts. Your confidentiality obligations apply while you use the Website and/or Digital Content and for 3 years afterwards.

If this is breached. If our Confidential Information is shared or misused, we may suspend access and take other steps allowed by law to protect our business.

24. Termination

When we may pause or stop your access. We may suspend, restrict or end your access to the Website and/or Digital Content (in whole or in part) if:

• payment is not made when due (including if a payment is reversed or charged back);
• you misuse our content or access, including doing anything prohibited under “How You May and May Not Use the Digital Content” (for example sharing logins, copying/recording, or uploading content to other systems/tools where this is not allowed); or
• you breach these Terms.

Notice and immediate action. Where reasonably practicable, we will notify you and (where the issue is capable of being remedied) give you a reasonable opportunity to put things right. However, we may act immediately if we reasonably consider the issue is serious, involves suspected fraud or misuse, presents a security risk, or we need to protect our content, platform, systems or other users.

What happens to “lifetime access”. If we end your access due to misuse or your breach, any “lifetime access” (or other access period) ends immediately and you must stop using the Digital Content.

No refunds for misuse or breach. If we suspend or end access because of misuse or your breach, you still need to pay any amounts already due and we do not have to refund amounts already paid, except where a refund is required by applicable law.

Refunds (no fault). If we end the Contract without fault on your part (including under “Ending your access (by us)”), we will refund any unused, prepaid amounts for the affected Digital Content access period and/or Services on a fair and proportionate basis, subject to any mandatory rights you have under Consumer Law.

Ending your access (by us). We may end the Contract (or any Order) for operational, commercial or business reasons by giving you at least 14 days’ notice. If we do so, we will continue to provide access to the affected Website, Digital Content and/or Services until the end of the notice period where reasonably practicable (for example, we may need to limit or suspend access sooner for security, legal or technical reasons outside our reasonable control). Refunds (if any) will be handled in accordance with “Refunds (no fault)” and subject to any mandatory rights you have under Consumer Law.

25. Complains and disputes

Complaints. If you have a complaint, please contact us using the contact details on the Website and we will try to resolve it.
ADR (UK consumers). If you are a UK consumer, you may be entitled to use an alternative dispute resolution (ADR) provider. We will tell you whether we are obliged to use ADR and, if we are not obliged, whether we choose to do so.

Rights preserved. Nothing in this clause affects your right to bring a claim in court.

26. Force majeure

Events outside our control. If an event outside our reasonable control prevents or delays us from providing the Website or Digital Content (for example, war, terrorism, civil unrest or disorder, riots, strikes or industrial action (other than by our own staff), technical failures, platform outages, interruption or failure of telecommunications, internet or utilities, government action, sanctions, or natural events (including fire, flood, storm, earthquake or pandemic)), we will not be in breach of the Contract for that delay or failure.

Our response. We will take reasonable steps to reduce the impact of the event and restart performance as soon as reasonably practicable. 

Alternatives. Where reasonably possible, we will provide a suitable alternative to any affected Digital Content or access arrangements. 

If we can’t deliver. If the disruption continues for a prolonged period or we cannot provide a suitable alternative, we will provide a fair refund (or, for Business Customers, a credit or refund as appropriate) for the part of the Digital Content you have not received.

27. Variation

Changes to these Terms. We may update these Terms to reflect legal changes, operational improvements, or changes to our Website, Digital Content and/or Services. The latest version will always be on our Website.

When changes apply. Changes apply from the date we post them (or any later date we state). They won’t apply to Orders we accepted before then, unless we clearly say otherwise.

If changes affect you. If a change materially affects your rights or obligations, we’ll take reasonable steps to tell you in advance. If you don’t agree, you can stop using the Website and/or Digital Content (as applicable) and, where relevant, cancel the affected Order in line with these Terms.

28. Notices

If these Terms require a formal notice (for example about cancellation, termination, breach, or a legal claim), it must be in writing and sent either to us:

• by email at lucy@surgeahead.co.uk; or 
• by post to Surge Ahead Ltd, 29 Cavell Court, Trowbridge, Wiltshire, BA14 0HH

We will send notices to you by email to the most recent email address you have provided to us. You must keep your contact details (especially your email address) accurate and up to date. If you do not, we are not responsible if you do not receive (or miss) a notice.

Deemed receipt. An email notice is treated as received when it is sent, provided the sender does not receive a delivery failure message. If it is sent outside Business Hours, it is treated as received at 9:00am on the next Business Day. A notice sent by post (first-class or next-business-day delivery) is treated as received at 9:00am on the second Business Day after posting.

29. Assignment and transfer

Your assignment. You must not assign, transfer, charge, subcontract or otherwise deal with any of your rights or obligations under these Terms or any Contract (including any Order, account, or licence to access Digital Content and/or Services) without our prior written consent. 

No transfer of access. Access to the Website, Digital Content and Services (including login credentials, access links and any licence granted under these Terms) is personal to you (and, for Business Customers, limited to your nominated User(s)) and must not be shared, resold or transferred to anyone else. 

Our assignment. We may at any time assign, transfer, charge, subcontract or otherwise deal with any of our rights or obligations under these Terms or any Contract (in whole or in part), including to any third party (for example in connection with a sale of assets, business sale, reorganisation or change of provider). If we do so, we will take reasonable steps to notify you and we will ensure that: (a) your rights under these Terms are not materially and adversely affected as a result of the transfer; and (b) the transferee assumes (and is able to perform) our obligations to you in respect of the Contract transferred. Nothing in this clause affects your statutory rights as a Consumer.

30. Interpretation

In these Terms, singular and plural words both apply, “person” covers individuals and organisations (including companies and public bodies), “including” means “including without limitation,” and “writing” includes email; headings are just for convenience, section references mean sections of these Terms, and words about gender or people apply to all genders and to both individuals and organisations as the context requires.

31. Severance

If any part of these Terms is found to be unlawful, invalid or unenforceable, that part will be treated as removed to the minimum extent necessary, and the rest of these Terms will continue in full force and effect.

32. Entire agreement

These Terms, together with our Privacy Policy and Cookie Policy, set out the entire agreement between you and us relating to your use of the Website and your purchase and use of the Digital Content (each a ‘Contract’) and/or Services. They replace and cancel all prior agreements, communications, understandings and arrangements between you and us relating to the Website or the Digital Content, whether oral or written.

33. Governing law

These Terms and any dispute or claim arising from them (including non-contractual disputes or claims) are governed by the laws of England and Wales. 

If you are a Consumer living outside the UK, you may also benefit from mandatory consumer protections in your country of residence, and nothing in these Terms limits those protections. 

The courts of England and Wales will have exclusive jurisdiction over any dispute, except that if you are a Consumer you may bring proceedings in the courts of England and Wales or in the courts of your country of residence (where that right is mandatory under local law).