Terms of Service

1. Acceptance of Terms

By creating an account, enrolling in a course, or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you must not use our services.

These Terms constitute a legally binding agreement between you and Gaign Strategic Fundraising Ltd. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our services after any changes constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age to enrol in our courses and use our services. By registering for an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

Our services are available to individuals and organisations worldwide. If you are enrolling on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

3. Account Registration and Security

To access certain features of our services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

You may not share your account with others, and you may not use another person's account without permission. Each account is intended for individual use only.

4. Course Enrolment and Access

Enrolment Process

When you enrol in a Gaign Skills course, you are purchasing access to online training materials, assessments, and certification upon successful completion. Enrolment is confirmed once payment has been processed and you receive a confirmation email.

Lifetime Access

Unless otherwise specified, you will have lifetime access to the course materials for any course you purchase. This means you can access the content at any time, for as long as the Gaign Skills platform remains operational. However, we reserve the right to update, modify, or discontinue course content at our discretion to ensure it remains current and relevant.

Course Content and Delivery

All courses are delivered online through our learning platform. You are responsible for ensuring you have the necessary internet connection, compatible device, and technical requirements to access the course materials.

We make reasonable efforts to ensure that course content is accurate, up-to-date, and of high quality. However, we do not guarantee that the content will be error-free or that it will meet your specific needs or expectations.

Self-Paced Learning

Our courses are designed to be self-paced, allowing you to complete them according to your own schedule. While we provide recommended timelines (e.g., 10-12 weeks for the Practitioner level), you are not required to adhere to these timelines unless you are enrolled in a cohort-based programme with specific deadlines.

5. Certification and Credentials

Proprietary Certifications

The certifications offered by Gaign Skills (including Gaign Skills Practitioner, Specialist, and Master/Strategic) are proprietary credentials issued by Gaign Strategic Fundraising Ltd. They are not accredited by external regulatory bodies or professional organisations.

These certifications are designed to demonstrate your completion of our training programme and your proficiency in the skills taught. However, they do not constitute professional licences or qualifications recognised by government or industry regulators.

Certification Requirements

To earn a Gaign Skills certification, you must successfully complete all required assessments and examinations as specified in the course curriculum. Certification requirements may vary by level and are subject to change at our discretion.

We reserve the right to withhold certification if we determine that you have violated these Terms, engaged in academic dishonesty, or failed to meet the required standards.

Use of Certification

Once you have earned a Gaign Skills certification, you may use the associated title and credentials in your professional materials, subject to the following conditions:

• You must accurately represent the certification and not imply that it is accredited by external bodies
• You must not use the certification in a manner that is misleading, fraudulent, or damages our reputation
• We reserve the right to revoke your certification if you violate these Terms or engage in conduct that reflects poorly on Gaign Skills

6. Intellectual Property Rights

Ownership of Content

All course materials, including but not limited to videos, written content, assessments, graphics, logos, and trademarks, are the exclusive property of Gaign Strategic Fundraising Ltd or our licensors. This content is protected by copyright, trademark, and other intellectual property laws.

Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the course materials solely for your personal, non-commercial educational purposes. You may not:

• Reproduce, distribute, publicly display, or create derivative works from our content without our prior written consent
• Share your account credentials or course access with others
• Record, screenshot, or otherwise copy course videos or materials for distribution
• Use our content for commercial purposes, including resale or incorporation into your own training programmes
• Remove or alter any copyright, trademark, or proprietary notices from our materials

User-Generated Content

If you submit content to our platform (such as discussion forum posts, feedback, or case studies), you grant us a worldwide, royalty-free, perpetual licence to use, reproduce, modify, and display that content for the purpose of operating and promoting our services.

You represent and warrant that any content you submit does not infringe on the intellectual property rights of third parties and does not contain unlawful, defamatory, or offensive material.

7. Payment and Pricing

Course Fees

Course fees are displayed on our website and are subject to change at any time. The price you pay is the price displayed at the time of enrolment. We reserve the right to offer promotional discounts, early-bird pricing, or corporate bundles at our discretion.

Payment Processing

Payments are processed securely through third-party payment processors. We do not store your payment card details on our servers. By providing payment information, you authorise us to charge the applicable fees to your chosen payment method.

Subscription Services

If you enrol in a subscription-based service (such as Gaign Plus), you will be charged on a recurring basis according to the billing cycle you select (e.g., monthly or annually). Subscriptions automatically renew unless you cancel before the next billing date.

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Cancellations take effect at the end of the current billing period, and you will retain access to subscription benefits until that time.

Currency and Taxes

All prices are displayed in British Pounds (GBP) unless otherwise stated. You are responsible for any applicable taxes, duties, or fees imposed by your local jurisdiction.

8. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Impersonating any person or entity, or falsely representing your affiliation with any organisation
• Interfering with or disrupting the operation of our platform, including through the use of viruses, malware, or automated systems
• Attempting to gain unauthorised access to our systems, accounts, or data
• Harassing, threatening, or abusing other users or our staff
• Using our services for any fraudulent, deceptive, or unlawful purpose
• Scraping, data mining, or otherwise extracting data from our platform without permission

We reserve the right to suspend or terminate your account if you engage in any prohibited conduct.

9. Disclaimers and Limitations of Liability

No Guarantees

While we strive to provide high-quality training, we make no guarantees regarding the outcomes you will achieve as a result of completing our courses. Your success depends on many factors, including your effort, experience, and external circumstances beyond our control.

We do not guarantee that you will secure employment, increase your income, or achieve any specific career outcomes as a result of earning a Gaign Skills certification. Any references to "doubling your earnings" or similar statements are aspirational goals, not promises or guarantees.

Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or secure, or that any defects will be corrected. You use our services at your own risk.

Limitation of Liability

To the maximum extent permitted by law, Gaign Strategic Fundraising Ltd, its directors, employees, and affiliates shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of our services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims arising from these Terms or your use of our services shall not exceed the amount you paid to us in the 12 months preceding the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gaign Strategic Fundraising Ltd, its directors, employees, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your infringement of any third-party rights
• Any content you submit to our platform

11. Termination

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent or unlawful conduct
• Non-payment of fees
• Conduct that damages our reputation or harms other users

Upon termination, your right to access course materials and use our services will immediately cease. However, provisions of these Terms that by their nature should survive termination (including intellectual property rights, disclaimers, and limitations of liability) will continue to apply.

12. Dispute Resolution and Governing Law

Governing Law

These Terms are governed by and construed in accordance with the laws of Scotland and the United Kingdom, without regard to conflict of law principles.

Jurisdiction

Any disputes arising out of or related to these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Scotland.

Informal Resolution

Before initiating formal legal proceedings, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any disputes amicably.

13. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gaign Strategic Fundraising Ltd regarding your use of our services and supersede any prior agreements or understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your account to any third party without our prior written consent. We may assign our rights and obligations under these Terms to any third party at our discretion.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, or failures of third-party service providers.

14. Contact Information

If you have any questions or concerns about these Terms, please contact us:

Gaign Strategic Fundraising Ltd (trading as Gaign Skills)
Company Registration Number: SC869975
Email: [email protected]