Terms & Conditions

Terms and Conditions

 

Last Updated On 10-Jan-2023
Effective Date 10-Jan-2023

 

This page and any page it links to explains TrainingOnline4U’s terms of use. You must agree to these terms and conditions to use this website. The terms and conditions are detailed below and any variations to these must be agreed between the company and the authorised users.

For the purpose of these terms and conditions, the following definitions apply:

Company (us, we or our): means Training Online 4U of 82 Lane Head Rd, Lees, Oldham, OL45RT.

Authorised user: In relation to Licence(s), this includes the agreed users and any employee, consultant, contractor or officer of yours.

Software: The software or any hardware provided by us or by our suppliers which enables you to access the Materials, including data schemas, data models, databases and the like.

Materials: materials and courses provided by us (the company) to you (the authorised user) under this Agreement, or as specified in the contract for services.

You or your: The party entering into this Agreement with us by accepting these terms. Where the context so requires, you or your includes your Authorised Users.

 

1. USE OF MATERIALS

1.1 In consideration of payment by you of the agreed Licence Fee or Subscription Licence Fee and you agreeing to abide by the terms of this Agreement, we hereby grant you and your Authorised Users a non-exclusive, non-transferable licence to use and access the Materials.

1.2 For any Licence(s) purchased and in relation to the Licence Period, this Agreement (including the licences hereunder) starts on the Start Date and unless terminated earlier, or a renewal is requested by you and accepted by us, shall continue until the end of the Licence Period.

1.3 In relation to the Licence(s) which you have purchased or to which you have subscribed, you may:

  • display the Materials electronically to the Authorised Users;
  • solely for use by the Authorised Users in the ordinary course of your business, download and store limited and insubstantial extracts of Materials in machine readable form. 
  • allow the Authorised Users to use limited and insubstantial extracts from the Materials in any internal business reports circulated to your employees or officers provided this does not form regular or routine patterns of use.

 

2. OUR OBLIGATIONS

2.1 We reserve the right any time to withdraw any of the Materials if we cease to publish or cease to have the right to publish the relevant Materials or if the same are the subject to libel or copyright or other third party right infringement allegation and we consider that withdrawal is advisable in the circumstance.

2.2 We warrant that you will not infringe any third party intellectual property rights by using the Materials and we will indemnify you against losses, costs or expenses you may incur as a result of any claim that the use by you of the Materials infringes any third party intellectual property rights, provided you notify us within a reasonable time of any such claim being made.

2.3 If we exercise our right to withdraw any substantial part of the Materials under paragraph 2.1, we may offer you broadly equivalent replacement materials and information instead of those withdrawn.

2.4 The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.

2.5 We will take reasonable steps to ensure that software and data files we supply to you are virus-free.

2.6 We will use our best endeavours to ensure that the software operates continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of any planned downtime for the purposes of maintenance or upgrade and will use our reasonable endeavours to minimise this period.

 

3. YOUR OBLIGATIONS

3.1 You will take reasonable steps to ensure that Authorised Users comply with the terms of use of in this Agreement and you acknowledge that you will be liable for any loss, damages, costs or other liability we incur as a result of a breach of this Agreement by any Authorised User.

3.2 You will take reasonable steps to ensure that Authorised Users do not:

  • copy, print, modify, sell, distribute, transfer, commercially exploit or otherwise reproduce any Material nor any material relating to part of the Software, except as permitted under this Agreement or authorised by us in writing;
  • create a database in electronic structured manual form by downloading and storing any of the content from such Materials;
  • make any part of the Materials or of the Software available to anyone, except as permitted under this Agreement or authorised by us in writing;
  • purport to assign, transfer or sublicense or otherwise dispose of your rights under this Agreement. 

3.3 You will take reasonable steps to ensure that nobody other than Authorised Users access the Materials or Software (whether in hard copy or other electronic format and regardless of the means of access or delivery). Without prejudice to any right or remedy available, we have the right to disable any user identification or password at any time, if in our reasonable opinion an Authorised User has failed to comply with this clause.

3.4 You acknowledge and agree that we and our licensors own all intellectual property rights in the Software and Materials. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Software and Materials, or any related documentation.

3.5 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

3.6 You acknowledge that the Software has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements. You are responsible therefore for configuring your information technology, computer programmes and platform in order to access the Materials. You should use your own virus protection software.

3.7 You will take reasonable steps to ensure that the details of Authorised Users are maintained and updated accordingly.

3.8 By submitting any individual’s personal information to us, you agree, and confirm your authority from such other individual, to our collection, use and disclosure of such personal information to the extent reasonably necessary for us, our affiliates, service providers, agents and successors to provide the Materials and Software to the Authorised Users.

3.9 You must ensure that all details entered when registering a course are correct. Details cannot be changed once the course is completed and a certificate has been generated. 

 

4. CONFIDENTIALITY

4.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party’s Confidential information shall not be deemed to include information that:

  • is or becomes publicly known other than through any act or omission of the receiving party;
  • was in the other party’s lawful possession before the disclosure;
  • is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
  • is independently developed by the receiving party, which independent development can be shown by written evidence; or
  • is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

4.2 Each party shall hold the other’s Confidential Information in confidence and, unless required by law, not make the other’s Confidential Information available to any third party, or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.

4.3 Each party shall use its best endeavours to ensure that the other’s Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.

4.4 We acknowledge that the Subscriber Data is your Confidential Information.

4.5 This clause shall survive termination of this Agreement, however arising.

 

5. ONLINE COURSES

5.1 We are entitled, in our absolute discretion, to refuse any purchase or subscription for any Licence(s).

5.2 We give you no warranty or assurance. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.

5.3 Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain materials up to date and to develop our Software to meet customers’ needs. However, we cannot guarantee the accuracy of any information or content of the materials. We do not accept any responsibility or liability for any loss or damage whatsoever sustained by you as a result of using or relying on any information and content of the materials or arising under or in relation to this Agreement.

5.4 You acknowledge and agree that, if and to the extent that the materials contain or include any opinion, analysis, prediction or assessment of any facts or circumstances (‘Opinions’), such Opinions represent our subjective views based on the facts or information available or circumstances known to us at the relevant time and/or may change. You will use your own skill and judgement and will form your own opinions and views regarding the materials and/or opinions and will not rely upon the same as a substitute for your own assessment, judgement or opinion or as a means of reaching your own decision.

5.5 We give you no warranty or assurance that the software and our means of delivery is compatible with your software or computer configuration.

5.6 We reserve the right to update, change, correct, or alter any aspect of the software including varying the technical specification at our discretion.

 

6. LIABILITY

6.1 Nothing in this Agreement shall limit or exclude our liability for:

  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot be excluded or limited by English law.
    1. We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the sum paid by you for the licence(s) in the year in which the claim arose. You acknowledge that this limitation is reasonable.

6.3 Under this clause, ‘our liability’ includes that of any company in our group and our and their respective agents, employees, contributors and consultants and subcontractors, ‘You’ includes any other party claiming through You.

6.4 We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

 

7. THIRD PARTY RIGHTS

7.1 This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

 

8. GOVERNING LAW AND JURISDICTION

8.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

8.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

 

9. REFUNDS

9.1 Refunds are not permitted once course material is accessed.