Terms Of Use

Introduction.

The following Terms of Use and our Privacy Policy and any Agreement you enter into set out the agreement (“Agreement”) between Careskills Academy Ltd a company registered in England, with company number 08543838 and registered office at Kings Court, Water Lane, Wilmslow, Cheshire, United Kingdom, SK9 5AR (“we”, “us” or “our”) and any person (“you” or “your”) accessing and using our online training platform and its contents (“Careskills Unlimited”) and/or our training materials or resources used on your own training platform (“Careskills SCORM Files”) as set out in an Agreement.

Careskills Materials.

By contracting to access Careskills Unlimited, you may access and use our online training platform, the courses available on the online training platform, our blended learning manual and any updates we make to any of them from time to time each in accordance with the Agreement.  In accessing and using Careskills Unlimited you are not granted a license to any software under the Agreement.

By contracting to use Careskills SCORM Files, your use of any content or software in connection with the Careskills SCORM Files is subject to and governed by the terms of the end user licence agreement (if any) which accompanies or is included with the Careskills SCORM Files. You may not install or use any content or software in the Careskills SCORM Files that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any content or software not accompanied by a licence agreement, we hereby grant to you a revocable personal non-transferable licence to use Careskills SCORM Files for viewing and otherwise in accordance with the Agreement.

Careskills Unlimited, Careskills SCORM Files and Careskills Academy (as defined below) together constitute the “Careskills Materials”.  During the Term set out in any Agreement, your permitted learners may access and/or use the Careskills Materials as described in this Agreement. All such access and use by your permitted learners is subject to compliance with the Agreement and you will at all times remain liable for your permitted learners’ compliance with the Agreement.

At any time, we may from time to time:

  • modify the Careskills Materials, including by amending content or materials or functions;
  • use third party service providers to provide some or all elements of the Careskills Materials.

All resources and materials made available through the access or use of the Careskills Materials are protected by intellectual property laws and belong to and are property of us or our licensors (if any) and we (and they) retain all ownership rights to them. All rights not expressly granted to you under the Agreement are reserved to us.

Your Responsibilities.

You must:

  • not use the Careskills Materials in any way that or for any purpose or in any manner that is unlawful or prohibited by this Agreement;
  • notify us as soon as possible of any unauthorised use of your Careskills Materials account or of the Careskills Materials themselves;
  • not breach the intellectual property and other rights relating to the resources made available by and through the Careskills Materials, in any way, including not copying, renting, leasing, selling, distributing or creating derivative works based on the Careskills Materials in whole or in part, by any means, except as expressly authorised in writing by us;
  • not download, stream, copy, save, duplicate, store, archive, hold and or use any video or other material made available on or through the Careskills Materials in any way other than as intended directly for and by us. To do so is a breach of copyright, for which action will be taken; and
  • notify us or any change to your contact information, billing information and credit card information (as applicable) up to date.

You understand that materials made available in the Careskills Materials are presented in good faith by us and are intended to promote the best-known practice but that it is your responsibility to make your own judgement as to the use of any material presented.

You acknowledge that we, as provider of the Careskills Materials, provide online and offline learning resources only.  You are responsible for ensuring learners are suitably able, supported, supervised or similar, as appropriate, by you to use online and offline learning, including computer literacy issues, access to computer equipment and power supplies all of which are your responsibilities, and we are in no way responsible for any matters arising from this point. We provide no guarantee that the learner understands the subject, this is a matter for you to assess and manage appropriately.

You are also responsible for ensuring learners are generally competent to, and physically capable of, undertaking any practical elements of the learning provided in the Careskills Materials and that you have carried out and logged all necessary practical observations of such learners’ activities in respect of actions including, but not limited to, provision of CPR, use of fire equipment, moving and handling equipment and safe administration of medication.  We are in no way responsible for your learners’ capabilities to be trained.

Notwithstanding the other terms of the Agreement, you are liable for payment of fees for your access to or use of the Careskills Materials as set out in the Agreement and for any violation of our or any third party’s intellectual property rights.

Fees.

The fees payable by you to access the Careskills Materials will remain fixed during the initial Term of your right to use, unless:

  • you exceed your number of permitted learners;
  • you request access to or supply of additional content or materials or additional learner access; or
  • otherwise agreed to by you in an agreement.

Any learners additional to the total permitted learners who access Careskills Unlimited (if applicable) in any year of the Term shall be charged on a pro-rata basis, per learner and per year, for that proportion of the relevant year of the Term in which they so access Careskills Unlimited.

The fees for any additional content or materials requested by you shall be our then current price as at the date of our agreement to give access to or supply such additional content or materials. The fees for Careskills Materials are subject to change at any time at our sole discretion prior to the date of purchase.

In respect of the applicable fees:

  • if we give you the option you may pay for Careskills Materials by credit card or debit card;
  • if we agree to invoice you monthly, all amounts set out in the Agreement and invoiced are due and payable monthly within fourteen (14) days from the date of the invoice, unless otherwise specified in the Agreement; and
  • if we agree to you paying annually, when we receive an authorised cleared payment for the applicable fees we will grant you access to the relevant Careskills Materials.

We may ask you to pay for Careskills Materials by credit card or debit card, by us sending you an invoice, by BACS transfer or us arranging for you to set up a direct debit (where applicable).

For access to Careskills Unlimited;

  • if we agree to accept payment of fees by credit card or debit card, you authorise us to:
    • charge your credit or debit card or bank account for all fees payable for the initial Term and each subsequent renewal Term and
    • use a third party to process payments and disclose your payment information to such third party.
  • if we agree to accept payment of fees by direct debit, before we make the Careskills Materials available to you, you must comply with our prescribed process which we shall make available to you. Payments to be made by direct debit shall automatically renew in accordance with these terms of use.

Once your Direct Debit form has been processed and the cleared payment of all fees received by us, we shall make the Careskills Materials available to you.

For Pay As You Go access to Careskills’ online training platform and our training contents and materials (“Careskills Academy”) you must purchase credits and Care Certificates from us. When we receive an authorised cleared payment for each credit, that credit and/or Care Certificate shall entitle one individual learner to use one training course and have access to that course for a period of 12 months only. Any credits and Care Certificates must be used within 12 months of the date of purchase, after which they shall automatically expire. You accept that we are not liable for unauthorised access to, use of or loss of credits.

When accessing any Careskills Materials, all fees payment obligations are:

  • non-cancellable and all amounts paid are non-refundable, except as specifically provided for in the Agreement; and
  • exclusive of taxes applicable to your use of the Careskills Materials, including VAT, which we will charge and which you agree to pay.

From the first anniversary of the Start Date of Term, we can increase our fees once a year by the greater of:

(i)       three percent of the fees for the preceding year; or

(ii)      in line with the UK Retail Prices Index in the preceding year

Please also see our Refund Policy, which forms part of these Terms of use.

Term.

The initial period of the Term of your access to the Careskills Materials is set out in your Agreement.  That access will automatically renew at the end of that initial period of the Term (unless otherwise specified in that Agreement) on the same terms, including payment terms, for an additional period of equal duration to the initial period of the Term.

If you wish to amend the terms of your access to the Careskills Materials in the period of any automatic renewal after the initial period of the Term, please contact us no later than 5 working days prior to the end of the initial period of your Term to discuss your amended requirements.

To prevent automatic renewal of your access to the Careskills Materials you must give us written notice by email of non-renewal no later than 5 working days prior to the end of the initial period of your Term.

Termination.

You may cancel your access to the Careskills Materials early in your sole discretion provided that should you cancel early we will not provide any refunds of any prepaid fees and you must promptly pay all unpaid fees due through the end of the Term of your access as set out in your Agreement.

We may terminate the Agreement and/ or suspend your or any permitted learner’s access to the Careskills Materials, each immediately with written notice if you:

  • exceed your permitted number of learners;
  • are acting, or have acted, in our sole discretion (exercised reasonably) in a way that has or may negatively reflect on or affect us, our prospects, or our customers;
  • become the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors;
  • use the Careskills Materials in breach of any applicable law or the terms of the Agreement;
  • fail to pay any unpaid fees within five (5) days of us providing you with written notice of non-payment of any amount due; or
  • use the Careskills Materials in any way which we believe is causing harm to us or others.

You must stop all use of the Careskills Materials on, suspension, termination or expiry of the Agreement however that arises. All credits and/or Care Certificates will expire at the end of the Term or relevant renewal Term (as applicable) at which point such credit(s) and/or Care Certificates automatically expire and can no longer be redeemed, save for any Credits purchased pursuant to our “Pay As You Go” model, in which case the Credits must be used within 12 months of the date of purchase (otherwise such credits and/or Care Certificates expire and are no longer redeemable)

If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Term as set out in the Agreement. Fees are otherwise non-refundable.

Our Responsibilities.

You acknowledge and agree that the Careskills Materials, its content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, we make no warranty, whether express or implied, with respect to the Careskills Materials, its content, functionality or availability.  We do not make any promise that access to the Careskills Materials will be uninterrupted or error free.

Nothing in these terms of use will operate to exclude or limit either party’s liability: (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.

Subject to the previous sentence, to the maximum extent permitted under applicable law:

  • we are not liable for the proper functioning of the Careskills Materials and any loss or damage that may occur to you as a result of your use of, or reliance on, the Careskills Materials.
  • we and/or any of our representatives, directors and employees are not liable for any loss or damage that you may incur under or in connection with the Agreement or as a result of your use of or reliance on, the Careskills Materials, including
  • in particular, we will not be liable for:
    • any direct or indirect property damage or monetary loss;
    • loss of profit or anticipated savings;
    • loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;
    • loss or inaccuracy of data; and
    • any indirect or consequential loss or damage.

Notwithstanding the other terms of the Agreement, if we are determined to have any liability to you or any third party in respect of the making available of the Careskills Materials or otherwise, we and you agree that our aggregate liability will be limited to a sum equal to the total amounts of fees paid or payable by you for the Careskills Materials in the twelve (12) month period preceding the event giving rise to a claim.

Your Information.

You agree that information provided to us by you or collected by us about you (“your Information”) is governed by our Privacy Policy, and we agree to process, use and store your Information in accordance with applicable data protection laws.  You acknowledge and agree that we may use your Information to provide you with information about the Careskills Materials or services similar to the Careskills Materials. If you contact us via telephone, you acknowledge that we may record telephone calls for training and/or monitoring purposes.

You must provide us with an email and postal address and phone number and let us know if any of these change during the term of the Agreement. You must send all written notices to the address mentioned on our website contact page or email us at info@careskillsacademy.co.uk.

Additional Terms.

We may transfer our rights or obligations under the Agreement or arrange for any other person to carry out our rights or obligations under the Agreement and will provide you with notice in writing (which includes email) if this happens. You may not transfer any of your rights or obligations under the Agreement.

In accepting the Agreement, you agree to be bound by it. No alterations to the Agreement operate without the written authority of a Careskills Academy Ltd director. We reserve the right to change these terms of use from time to time. You are responsible for regularly reviewing any amended terms of use posted notified to you. Following any such notification, your continued use of the Careskills Materials will constitute your agreement to these term of use as amended.

Only you and we may enforce the terms of the Agreement, and the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of the Agreement.

If you or we fail to enforce any of our rights under the Agreement, it will not mean that you or we (as applicable) have waived our ability to enforce such rights.

If there is any conflict between these terms of use and the Privacy Policy, these terms of use will take precedence.  If any court considers any clause of the Agreement is illegal, invalid, or unenforceable, such clause will not apply to you or us (as applicable) and will not affect the validity or enforceability of the remainder of the terms of the Agreement.

The Agreement shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts. The language of the Agreement is English, and all notices and information given under the Agreement will be in English.  If you have a query about anything in connection with the Agreement, you may contact us at info@careskillsacademy.co.uk.

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