1. Interpretation
The following definitions and rules of interpretation apply in these Conditions.
Intellectual Property Rights
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in software, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect confidential information including know-how and trade secrets, and all other intellectual property rights whether registered or unregistered.
Rules of interpretation
- A reference to legislation includes amendments, extensions, re-enactments and subordinate legislation.
- Words such as including, include, in particular or for example are illustrative and do not limit the preceding wording.
- A reference to writing or written excludes fax but not email.
- A reference to a company includes any company, corporation or body corporate, wherever incorporated or established.
- A reference to holding company or subsidiary has the meaning given in section 1159 of the Companies Act 2006.
2. Basis of Contract
The Order constitutes an offer by you to purchase the Services in accordance with these Conditions.
When you place an Order, you shall be required to confirm your acceptance of these Conditions by clicking the “Accept” button on the relevant page of the Website. In doing so, you acknowledge that you have read these Conditions and our privacy policy and agree to be bound by them.
An Order shall only be deemed accepted by us when we issue an order confirmation, at which point the Contract shall come into existence.
These Conditions apply to the Contract to the exclusion of any other terms you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
3. The Services
We will provide the Services with reasonable care and skill in accordance with the description for the Services as set out on the Website.
If the Services do not conform with this obligation, we shall use all reasonable commercial endeavours to correct the non-conformance promptly or provide an alternative means of accomplishing the desired performance.
We shall not be deemed in breach where non-conformance is caused by your use of the Services contrary to our instructions or by modification or alteration by you or a third party.
Service availability
- The Services and platform are provided on an “as is” basis.
- We do not warrant that use of the Services will be uninterrupted or error-free.
- We do not warrant that the Services or information obtained will meet your requirements.
- We do not warrant that the Services will be free from vulnerabilities or viruses.
- We are not responsible for delays, delivery failures, or other loss or damage resulting from internet or communications network limitations.
We reserve the right to vary or withdraw any Services described on the Website without notice.
We do not guarantee that you will obtain a particular result, professional qualification or employment opportunity from your purchase or completion of any Services.
4. Ordering Services
To place an Order you must register for a customer account with us via the Website. If you already have an account, you can place an Order by logging into your existing account using your username and password.
5. Cancellation and Variation
Once the Services have been purchased by you and accepted by us in accordance with clause 2.3, you shall not be permitted to cancel your purchase of the Services.
6. Fees
The Fees for the Services shall be as set out on the Website and, unless otherwise specified, the Fees are:
- Inclusive of value added tax or other local taxes.
- Payable in United States Dollars.
- Subject to clause 6.4, non-cancellable and non-refundable.
You shall provide valid, up-to-date and complete credit or debit card details when placing your Order.
You authorise us to bill your credit or debit card for the Fees payable for the Services at the time of your Order. Fees must be paid in full before you access any Online Course.
If your Order is not accepted by us, we shall refund the Fees paid. Any fees charged by your card provider are for your own account and we shall not be responsible for these fees.
7. Limitation of Liability
References to liability include every kind of liability arising under or in connection with the Contract, including liability in contract, tort, negligence, misrepresentation, restitution or otherwise.
We do not accept liability for:
- Any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance on such information.
- Any loss or corruption of your data.
- Any loss of profit, revenue or goodwill.
- Any indirect, special or consequential loss arising from any breach of these Conditions.
Subject to clause 7.5, our total liability to you arising from or in connection with the Contract shall be limited to the Fees paid or payable by you to us for the Services.
Nothing in this Agreement shall exclude or limit liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other matter which under English law may not be limited or excluded.
No claim may be brought against us more than six months after the last date on which the relevant Services finished or ceased to be provided.
Educational purpose
- The Services are not intended to focus on the practice and regulations of any specific jurisdiction.
- There may be frequent mentions of guidelines and standards from the USA where the IV drip therapy market is mature and developed.
- The Services are not medical or legal advice and do not act as a regulatory suggestion guide.
- The Services are intended for educational purposes only.
- It is your responsibility to ensure compliance within the defined scope of practice of corresponding regulatory and professional activity.
8. Intellectual Property
All Intellectual Property Rights in the Course Materials are and shall remain owned by us or our licensors, regardless of whether the Course Materials are adapted, written for, or customised for you.
You are not authorised to:
- Copy, modify, reproduce, republish, sub-license, sell, upload, broadcast, post, transmit or distribute any Course Materials without our prior written permission.
- Record the Online Course on video or audio tape, or relay it by videophone or other means.
- Use the Course Materials in the provision of any other course or training.
- Remove copyright or other notices on the Course Materials.
- Modify, adapt, merge, translate, disassemble, decompile or reverse engineer any software forming part of the Online Course, except where permitted by law.
You shall indemnify us against all losses, liabilities, claims, damages, costs and expenses suffered or incurred by us arising out of your breach of clause 8.2.
In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive licence, without the right to grant sublicences, to use the Services for the sole purpose of completing the Online Course.
9. Confidentiality
You undertake that you shall not at any time disclose to any person any Confidential Information except as permitted by these Conditions.
You may disclose Confidential Information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
You shall not use Confidential Information for any purpose other than to exercise your rights and perform your obligations under or in connection with the Contract.
10. Termination
Unless otherwise agreed by us in writing, your access to the Services will automatically cease after 12 months of the Commencement Date.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel enrolments at our sole discretion. We do not review your credentials nor assess the suitability of the Service for you.
We shall be entitled to terminate the Contract with immediate effect if we do not receive payment of the Fees in full and cleared funds, or if such payment is subsequently revoked for any reason.
Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities accrued up to the date of termination or expiry.
11. Force Majeure
We shall have no liability to you if we are prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs, utility failure, telecommunications failure, acts of God, war, riot, civil commotion, malicious damage, legal compliance, accident, breakdown, fire, flood, storm or default of suppliers or subcontractors.
12. Variation
We may vary these Conditions from time to time, provided that we notify you and publish the varied Conditions on the Website. The varied Conditions shall be deemed accepted unless you notify us in writing within 30 days of publication.
13. Waiver
A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
14. Severance
If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted without affecting the validity and enforceability of the rest of these Conditions.
15. Entire Agreement
The Contract constitutes the entire agreement between the Parties relating to its subject matter and supersedes any previous agreements or arrangements relating to the same.
16. Assignment
You shall not, without our prior written consent, assign, transfer, charge, subcontract or otherwise deal with any of your rights or obligations under the Order or these Conditions.
17. No Partnership or Agency
Nothing in these Conditions creates a partnership between the Parties or authorises either Party to act as agent for the other.
18. Third Party Rights
With the exception of our Group, who shall be entitled to enforce these Conditions against you, the Conditions do not confer rights on any person or party other than the Parties and permitted successors or assigns.
19. Notices
Any notice required under these Conditions shall be in writing and sent by email, delivered by hand, pre-paid post, recorded delivery or reputable courier to the relevant Party.
20. Governing Law and Jurisdiction
The Contract and any dispute or claim arising out of or in connection with it, 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. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction.
