Terms and Conditions

Terms of Website Use

1. Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

2. Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Save as expressly provided in Section 3 below, you must not:

(a) republish material from this website (including republication on another website);

(b) sell, rent or sub-license material from the website;

[(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

[(e) edit or otherwise modify any material on the website; or

[(f) redistribute material from this website.]

3. Downloadable materials

We may from time to time make available on the website downloadable content such as newsletters, brochures, white papers and other documents

In addition to the rights granted under Section 2 above, you may redistribute printed and electronic copies of such materials within your organisation providing that copies of downloadable content must not be edited or amended in any way and must retain:

(a) the name of our company and our branding;

(b) any legal notices and disclaimers (including copyright notices); and

[(c) any authorial credits.

4. Acceptable use

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent

5. Restricted access

Access to certain areas of our website may be restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

You must not use any other person's user ID and password to access our website.

We may disable your user ID and password in our sole discretion without notice or explanation.

6. User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8 Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

10 Breaches of these terms of us

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the website;

(d) block computers using your IP address from accessing the website;

(e) contact your internet services provider and request that they block your access to the website;

(f) bring court proceedings against you for breach of contract or otherwise; and/or

[(g) suspend and/or delete your account with the website

11. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

12. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

13. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

15. Entire agreement

These terms of use , together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

16. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

17. Copyright

We and our licensors own the copyright in:

(a) this website; and

(b) the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).

We grant to you a worldwide, non-exclusive, royalty-free, revocable licence to:

(a) view this website and the material on this website on a computer or mobile device via a web browser;

(b) copy and store this website and the material on this website in your web browser cache memory; and

We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

Data mining

The automated and/or systematic collection of data from this website is prohibited.

Permissions

You may request permission to use the copyright materials on this website by contacting us (see below).

Enforcement of copyright

We take the protection of our copyright very seriously.

If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to us.

Infringing material

If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to us (see Section 18. below).

18. Our details

The Webinar Club website is operated by CPD Solutions Limited registered in England & Wales under registration number 03974122

VAT Number 757 6248 92

Our registered address is CPD Solutions Ltd c/o David Elliott Associates, Manchester Business Park, 3000 Aviator Way, Manchester, M22 5TG, United Kingdom.

You can contact us by email to Helen@cpd-solutions.com

Membership Terms & Conditions – Your Agreement with CPD Solutions Ltd

PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING A MEMBERSHIP OR COMPLETING AN ONLINE MEMBERSHIP FORM. PLEASE PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.

1 Definitions

"Agreement" means these Terms and Conditions together with the Membership Form as completed by the Member;

“CPD Solutions” means CPD Solutions of Oaklands Office Park, Hooton Road, Ellesmere Port, CH66 7NZ

"Membership " means the Member's contractual relationship with CPD Solutions as set out in this Agreement allowing access to Membership Materials described on a CPD Solutions website, order form or online shop.

"Membership Fee" means the annual or monthly fee as set out on a CPD Solutions website, order form or online shop, to be paid by the Member to CPD Solutions in accordance with these Terms and Conditions;

"Membership Form" means the online process for setting up access to the Membership website

"Membership Materials" means the Membership webinars or video programmes and supporting materials which shall be provided to the Member under the Membership;

“Month” means the period of one calendar month commencing on the first day of each month and ending on the last day of the calendar month concerned;

"Start Date" means the date Membership was purchased or, in the case of free Memberships, the date of completion of the Membership Form;

"Member" means the individual subscribing to the Membership;

"Term" the Membership period commencing on the Start Date.

2 Membership

2.1 By purchasing a Membership and/or completing the online Membership Form, the Member agrees to subscribe to these Terms and Conditions.

2.2 CPD Solutions shall provide to the Member with the Membership Materials specified for the Membership.

2.3 CPD Solutions reserves the right to change, alter, modify or adapt the contents of the Membership Materials at any time.

2.4 If the Member wishes to change the terms of the Membership set out on the Membership Form and CPD Solutions agrees to do so, CPD Solutions shall notify the Member of any changes to the Membership Fee and reserves the right to charge an additional administrative fee for processing any such change. CPD Solutions is not bound to agree to any change requested by the Member.

3 Term

3.1 This Agreement shall commence on the Start Date and shall continue, in the case of annual Memberships, for a period of 12 months coming to an end automatically on the first anniversary of the Start Date. In the case of monthly Memberships, where available, these shall continue for a rolling period of one month from the Start Date.

4 Payment (in the case of paid Memberships)

4.1 The Membership Fee shall be paid by the Member by credit card, debit card or other method accepted by CPD Solutions.

4.2 The Membership Fee shall be paid by the Member in full prior to access to the Membership Materials being granted.

4.3 CPD Solutions shall send an electronic receipt forthwith after completion of the Membership purchase.

4.4 The Membership Fee is non-refundable and termination of the Membership under paragraph 6.2 shall be without prejudice to the Member's obligation to pay the Membership Fee and any interest due thereon.

5 Use

5.1 The Member shall have a non-exclusive and non-transferable licence to access and use the Membership Materials under the terms of this Membership at any site or location. All data relating to the usage of Membership Materials by the Member shall remain the property of CPD Solutions and where applicable, may with the agreement of the Member be made available under license to support the Member’s professional qualification and/or CPD record.

5.2 The Membership Materials supplied by CPD Solutions to the Member may only be viewed or read by the Member.

5.3 The Member may not copy the Membership Materials.

5.4 Any unauthorised copying or editing, exhibition, renting, exchanging, hiring, lending, public performance, and/or broadcast of the Membership Materials or any part thereof is strictly prohibited.

5.5 The Member shall not make any charge to permit any person to view the Membership Materials without having first received written authority from CPD Solutions.

6 Termination

6.1 This Agreement will terminate automatically in accordance with clause 3.1 above.

6.2 Either party may terminate the Membership immediately on written notice to the other party if that other party has committed a material breach of these Terms and Conditions and has not remedied such breach (if capable of remedy) within 14 days of receipt of notice requiring it to be remedied or if the other party becomes insolvent, or becomes subject to any proceeding under any insolvency or bankruptcy law or has a receiver, administrative receiver or administrator appointed over its assets.

6.3 If the Membership is terminated under paragraph 6.1 or under paragraph 6.2, whether by CPD Solutions or the Member, CPD Solutions shall not provide the Member with any further Membership Materials from the date of termination.

6.4 Notification to terminate a monthly Membership must be given to CPD Solutions in accordance with paragraph 11. Requests must be received no fewer than 7 days prior to the next payment date to avoid that payment being taken.

6.5 The limitations and restrictions in Clauses 5, 7 and 8 shall survive any termination of this Agreement

7 Intellectual Property Rights

The Member acknowledges that the Membership Materials are protected by copyright, trade marks, and other proprietary rights of CPD Solutions and where applicable, external content providers and accepts that no rights other than those set out in these Terms and Conditions are granted to the Member in respect of any intellectual property rights of CPD Solutions or any third party.

8 Limitation of Liability

8.1 The Membership Materials are designed for use in professional updating and training. These materials are necessarily selective and general and are not intended to be exhaustive, nor can they provide the detail necessary to give professional advice or guidance in relation to any specific matter. The Membership Materials should not be relied upon as a substitute for professional advice on a particular matter. CPD Solutions shall have no responsibility for any loss or damage arising from such reliance.

8.2 The Membership Materials present the professional views of the relevant presenters. CPD Solutions have no professional qualifications in this field and accept no responsibility for the accuracy of the professional content of the Membership Materials.

8.3 CPD Solutions endeavours to ensure that the Membership Materials supplied to you are complete and up-to-date at the time of production, but undertakes no legal responsibility to this effect and shall not be responsible for any errors or omissions in or from the Membership Material.

8.4 The Member shall immediately notify CPD Solutions of any errors in the Membership Materials, who will pass the Member's comments on to the relevant person. CPD Solutions shall endeavour to correct any such errors in future Membership Materials where it considers it appropriate to do so.

8.5 Save where the Member is a consumer (within the meaning of the Unfair Contract Terms Act 1977), CPD Solutions’ total liability to the Member under this Agreement is limited to the amount of the Membership Fee paid by the Member and CPD Solutions shall not be liable for any loss of anticipated profits, goodwill or reputation or from claims by others or any other indirect or consequential loss suffered by the Member.

8.6 Nothing in this Agreement shall limit CPD Solutions’ liability in respect of death or personal injury caused by CPD Solutions’ negligence.

9 Assignment

9.1 CPD Solutions may assign or transfer its rights and/or duties under this Agreement to another person or organisation.

9.2 The Member may not assign its Membership or its rights and/or duties to any other person or organisation without notifying CPD Solutions of the purported assignment and receiving CPD Solutions’ prior written permission.

10 Entire Agreement

10.1 This Agreement constitutes the entire agreement between the Member and CPD Solutions and supersedes any previous agreements between the Member and CPD Solutions relating to the same subject matter.

10.2 CPD Solutions reserves the right to change the terms of this Agreement which shall include (without limitation) increases in the Membership Fee and shall give the Member notice of any such change either in writing or by putting a notice on the membership website or through another suitable method.

10.3 This Agreement excludes all conditions, warranties and representations whether express or implied by statute, common law or otherwise which may be excluded at law

11 Notices

11.1 Any notice to be given in accordance with the terms of this Agreement shall be in writing and by pre-paid post or by email. The party sending the notification will deem the notification to have been received by the other party only when confirmation of receipt has been provided by that party or, in the case of a posted letter, confirmation of receipt can be proved.

11.2 CPD Solutions shall send notices to the address provided by the Member at the time of registration or, if no registration form was completed, to the address provided at the time of purchase. Notices to CPD Solutions should be sent to CPD Solutions Limited, Oaklands Office Park, Hooton Road, Ellesmere Port CH66 7NZ. By email to Helen@cpd-solutions.com

Either party may change its address for notice by notice to the other party given in accordance with this clause.

12 Rights and remedies

12.1 The rights and remedies contained in this Agreement are cumulative and in addition to any rights or remedies provided for by law. Exercise of one right does not prevent exercise of another.

12.2 A single or partial exercise of a right or remedy contained in this Agreement shall not prevent further exercise of the same right or remedy.

12.3 Failure to exercise a right or remedy or delay in exercising a right or remedy is not a waiver of that or any other right or remedy

13 Consumer Members’ Right of Cancellation

13.1 If the Member is a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Member has a right to withdraw his/her Membership and cancel the Agreement within 7 working days from completing the Membership Form and process without any charge being made by CPD Solutions. This may be done by giving a notice in writing or e-mail at any time during the 7 day period. However this cancellation right does not apply if the Member has started to use the Training Programme within the 7 day period.

13.2 Once the Member has notified CPD Solutions that he/she is cancelling the Agreement pursuant to clause 13.1 above, CPD Solutions will refund or recredit the Member within 30 days any sum that has been paid by the Member or debited from the Member’s credit card for the Membership .

14 Governing Law

This Agreement is governed by English law and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Data Protection Act: This Membership is a managed service and as such, data regarding your usage and performance is held in a secure database. Other personal information provided by you will be held in confidence by CPD Solutions but may be used to advise you about any other products or services that may be of interest. Your debit or credit card information will be used only for the purposes set out in these Terms and Conditions. These uses of your personal information are covered by the registration of CPD Solutions under the Data Protection Act 1998. Under the act, you have the right to obtain a copy of the information held about you, for which you may be charged a fee.

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