PLEASE NOTE THAT YOUR PURCHASE IS A SINGLE USER LICENCE, UNLESS OTHERWISE SPECIFICALLY AGREED WITH INSTANT CPD IN WRITING
In this agreement the following meanings shall apply:
"You" means the individual (or in the case of corporate customers the individuals whose details have been supplied as part of a corporate package) who has purchased the course;
"Access" means the right to access the training materials purchased according to the relevant offer and is limited to the time stated in the offer.
"Account" means the facility extended under this Agreement allowing you to order, receive and access Training Material;
"Agreement" means the entire contract between Instant CPD and you for the provision of the Service incorporating these terms and conditions, the Registration Form, the Site Instructions and the documents referred to in them, to the exclusion of all other terms;
"Annual Subscription" is the method a member uses to pay for their Training Materials which will recurr annually on the anniversary of their payment.
"Approved Use" means the use of the Training Material by and for the Authorised User for private use only. This is a single user licence for the account holder, unless expressly agreed otherwise. Multiple access to the Training Material without express agreement is in breach of the conditions of use and will be charged at the price appearing on the site/offer from time to time;
"Authorised Users" means the user notified to Instant CPD in the Registration Form and from time to time authorised to order Training Materials through your Account and receive CPE/CPD Points in accordance with the CPE/CPD Requirements; only "You" are an "Authorised User" unless otherwise agreed;
“Charges” means the fees
"Corporate Customer " means more than one individual of the same company, firm or organisation that has purchased a corporate package, and who are thus authorised to receive CPE/CPD points;
"Corporate Package" means a company, firm or organisation that is purchasing a course or courses on behalf of more than one individual;
"CPD/CPE Points" means the continuing professional education/development points issued by your relevant professional body;
"CPD/CPE Requirements" means the requirements for obtaining CPE/CPD Points for the Training Material as laid down by your relevant professional body. Please refer to your Professional Body for guidelines;
“Customer” means you the individual;
''Data Protection Laws`` means the Data Protection Act 1998 and, with effect from the date on which it enters into force, the General Data Protection Regulation, and the enacted version of the Data Protection Bill 2017, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 together with any other additional and/or replacement laws applicable to the protection of personal data in force from time to time in England and Wales and any related or subordinate legislation and regulations made pursuant to any of them. The GDPR came into effect on 25 May 2018. As a European Regulation, it has direct effect in UK law and automatically applies in the UK until the end of the transition period. After this date, it will form part of UK law under the European Union (Withdrawl) Act 2018, with some technical changes to make it work effectively in a UK context;
"Fees" means the charges for the Training Material as set out and amended from time to time on the Site or by separate agreement;
"Help Desk" means the Service help desks contactable during office hours on telephone number 0121 308 5252 or via e-mail at firstname.lastname@example.org
"Member" means anyone who is entitled to watch the Training Materials following payment.
"Instant CPD" means Instant CPD Limited
" Prize Draw" means a variety of promotional mechanics
“Registration Form" means the Service registration form displayed and completed on-line;
"Service" means the online training service provided by Instant CPD at the Site;
"Site" means the Instant CPD website with the URL of http://www.instantcpd.com
"Site Instructions" means the user instructions, Service technical requirements and related information found on the Site;
"Training Material" means the audiovisual training content and any supporting materials in whatever form including e-mail question responses available from time to time through the Service.
2.1. In order to register for the Service and set up your Account you must complete the Registration Form with all the required details. You confirm that all the details supplied by you when you register are accurate and complete. You agree to promptly update any changes in your details in particular to the Authorised Users. Instant CPD may refuse any application to register or any amendment to the Authorised Users at its sole discretion.
2.3 In order to operate your Account you will be required to create a unique user name and password ("Your Password"). You are responsible for the security and proper use of Your Passwords and your Account, including all charges incurred through them. You must inform the Help Desk immediately if you have any reason to believe that Your Passwords have become known to someone not authorised to use them. If Instant CPD reasonably believes that there is likely to be a breach of security or misuse of the Service or your Account it may change Your Passwords immediately and will notify you accordingly.
3. Provision of the Service
3.1. Instant CPD will provide you with the Service in accordance with the terms and conditions of the Agreement.
3.2. The Service is accessed via the Internet. You are responsible for the provision of and payment for the telecommunications services plus a suitable computer(or other appropriate device), browser, modem and any other items of hardware, software or communications equipment necessary to enable you to access the Service and receive the Training Material in accordance with the Site Instructions. Instant CPD will not be able to issue refunds against these charges or accept responsibility for any delay or inability to access any part of the Service or the Training Material due to any faults of, or your means of access to, the Internet or your reception of the Service and the Training Material.
3.3 Instant CPD cannot guarantee the performance of the internet, that the Service will never be faulty or that it will be available at all times but Instant CPD will correct reported faults as soon as Instant CPD reasonably can. If a fault occurs you should report the fault to the Help Desk. Instant CPD may need to vary the Site Instructions, or temporarily suspend the whole or any part, of the Service from time to time but shall give you as much notice as is reasonably practicable in the circumstances.
3.4 All Training Materials advertised on the Service are subject to availability and may be withdrawn, amended or replaced without notice. Instant CPD may withdraw the Service as a whole at any time without notice in exceptional circumstances.
3.5 We guarantee a refund within 21 days of purchase if the user is unhappy with the service provided. However, if a Certificate of Completion has been dowloaded, we will deal with refund requests on a case-by-case basis.
4. Use of the Training Material
4.1. The Service enables you to access Training Material which is protected by copyright and other intellectual property rights and related rights (the "Rights") of Instant CPD and its licensors. Instant CPD grants you a single user licence to use the Training Material on the following terms. Subject to 4.2 below and payment of the appropriate Fees, and unless indicated to the contrary on the Service, you may access the Training Material in your account for the period of time stated at the time of purchase, and during this time, the Training Material may be viewed as many times as you wish provided it is used for your private and internal business use only (the "Approved Use"). You may make, and use, such copies of the supporting materials as are reasonably necessary to enable the Approved Use only. All other Rights are reserved by Instant CPD and its licensors and for the avoidance of doubt, the Training Material is not transferable.
4.2 Notwithstanding the licence of Rights above CPD/CPE Points will only be awarded to Authorised Users who view the Training Material in accordance with the CPD/CPE Requirements.
4.3 Instant CPD believes that your use of the Training Material in accordance with the terms of this Agreement shall not knowingly infringe the Rights of any third party. You must contact Instant CPD immediately if anyone makes or threatens to make a claim against you relating to your use of the Training Material. You will comply with any reasonable request from Instant CPD in relation to such, or any similar, claim.
5.1 You must pay the Fees due for the Training Material which you order through your Account in accordance with this clause. Instant CPD may adjust the Fees for any reason following confirmation of any order for example due to supplier price increases, tax changes, site orders or any other reasonable expense.
5.2 Payment must be made either at the time of order by credit or debit card unless Instant CPD has agreed to your Account operating as an individual invoice account or a corporate invoice account. A corporate account can be set up by a firm, company or organisation following prior written authorisation from Instant CPD. If your Account is an invoice account you will be invoiced after the order has been placed. Each invoice will be payable immediately. Instant CPD may charge interest on any outstanding moneys due at a rate of 3 per cent above the Lloyds TSB Bank plc base rate from time to time in force calculated on a daily basis.
5.3 If an annual subscription is chosen, this will automatically renew on the anniversary of a members purchase. An email will be received by the member confirming the next payment has been taken. Instant CPD will then add the next years courses to the members account. Should a member wish to cancel their subscription, this should be communicated by sending an e mail to email@example.com. This email must be received at least one month before the member's subscription is due to be renewed.
5.4 All Fees, unless otherwise indicated, are quoted exclusive of value added tax which shall be payable by you.
6. Cancellations and Termination
6.1 In addition to any other rights Instant CPD may have, Instant CPD can terminate Your Passwords and your Account immediately without notice if you: (a) breach any provision of this Agreement and fail to remedy that breach promptly upon notice from Instant CPD; or (b) are made bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business.
6.2 Once confirmed by Instant CPD, you may not cancel an order for Training Material save and except if Instant CPD withdraws the Service. This does not affect your legal rights.
6.3 If Instant CPD delay in acting upon a breach of this Agreement by you, then delay will not be regarded as a waiver of the breach.
6.4 Instant CPD reserves the right to vary or cancel a course where the occasion necessitates.
6.5 Cancellation of subscriptions requires a month's notice prior to the renewal date. Otherwise, subscriptions automatically renew.
7.1. Whilst Instant CPD will use all reasonable skill and care in the creation and supply of the Service and the Training Materials and the selection of its training suppliers Instant CPD does not give any warranty as to their suitability, accuracy or fitness for any purpose. Instant CPD cannot guarantee that e-mail questions to lecturers will be answered, or where they are, take any responsibility therefore as to content or any reliance placed thereon.
7.2 Subject to 7.3 and this clause, Instant CPD excludes all liability whether in contract, tort (including liability for negligence) or otherwise for the suitability, accuracy or fitness for any purpose of the service of the Service and any Training Material and limits it liability for any other liability under this Agreement to the Fee payable by you for the element of the Service or Training Material in dispute.
7.3 Instant CPD excludes all liability for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatever.
You agree to indemnify Instant CPD against any claims or legal proceedings arising from any use by you of the Service and the Training Material under this Agreement which are brought or threatened against Instant CPD by another person, firm, company or organisation.
9. Data Protection
9.1 Instant CPD agrees to:
9.1.1 only process the personal data for and on behalf of the User for the purposes of performing the Services to the User ;
9.1.2 not allow such User Data to be processed by anyone who is not subject to a binding obligation of confidentiality;
9.1.3 immediately notify and provide full details to the User of any potential or actual loss of personal data, take all measures necessary to remedy or address the breach or potential breach and cooperate with the User to resolve such issue;
9.2 Instant CPD shall:
9.2.1 comply with all Data Protection Laws;
9.2.2 only process personal data in accordance with the relevant principles under the Data Protection Laws;
9.2.3 co-operate with any regulatory authority for data processing.
10.1 Instant CPD may modify the Agreement at any time, by amending the terms and conditions on then site, such modifications becoming effective immediately upon either posting of the modified Agreement on the Service or notification to you.
10.2 You are not allowed to transfer or attempt to transfer this Agreement in whole or in part. You shall not re-sell or attempt to re-sell the Service (or any part or facility of it) or any Training Material to any other person. If such an act does occur you will remit all or any monies received immediately upon demand to Instant CPD and if payment remitted is less than the price on the site, you will be responsible to pay the difference.
10.3 If Instant CPD cannot perform its obligation under this Agreement because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind, Instant CPD will not be liable for this or any loss suffered as a result thereof.
10.4 In order for a 'Prize Draw' to be effective there must be at least ten purchasers of each individual 'Prize Draw' Offer. 'Prizes' must be claimed within 3 weeks of user being informed. The winning User will be posted as a promotion on the Instant CPD blog. The winning User is also expected to take part in the promotion on the Instant CPD blog, in accordance with a reasonable request from Instant CPD.
10.5 Instant CPD cannot guarantee the timing of delivery or fitness for purpose of any additional items included as part of a special offer. It will be the recipient's responsibility to take delivery of any such items. Any such items are not to be exchanged for anything other than where such items are faulty, and then only if a suitable exchange is available. Any cancellations of orders which include additional items necessitate the immediate return of the additional items.
10.6 Notices given under the Agreement may be given by Instant CPD to you on-line through the Service or in writing to the address as currently stated in your Account details and by you to Instant CPD to the Help Desk.
10.7 This Agreement is governed by English Law and you and Instant CPD submit to the non-exclusive jurisdiction of the English courts.
10.8 Instant CPD is the trading name of Instant CPD Limited whose registered address is 166, High Street, Odiham. RG29 1JU. Company Number: 07878510
11. Cancellations when purchasing our courses through reed.co.uk for new providers.
11.1. You have the right to cancel this contract within 14 days from the day after the receipt of the Materials. If you choose to cancel within this period you will receive a refund of the Price within 30 days of you returning all Materials to us.
11.2 The right of cancellation will not apply if: you have accessed any online learning or Materials prior to cancellation. You must not log into the online student learning portal and/or start your course if you wish to receive a refund.
11.3 Any software supplied has been used or the Security seal broken.
11.4 You have been provided with any of the Services.
11.5 Notification of cancellation of a course must be made to (firstname.lastname@example.org)