- Definitions
- Registration and Security
- Use of the Website
- Payment
- Licence for Use of Content
- Liability
- Data Protection and Privacy
- Virus Protection and Compatibility
- General
- Termination
- Trademark
- Force Majeure
- CPDtracker
- Governing Law
- Entire Agreement
1. Definitions
1.1 ‘We’/‘us’/‘our’ means CPDcast.com Ltd
1.2 ‘You’/‘your’ means ‘the customer’ of CPDcast.com Ltd being an individual, a firm or legal person.
1.3 ‘The Terms’ means these Terms and conditions set out below.
1.4 ‘The Website’ means www.CPDcast.com
1.5 ‘Content’ means digital recordings of speech, music, artwork, audio visual material, software and other associated products that may be accessed, viewed, downloaded or listened to by you in accordance with these Terms upon payment of the applicable purchase price.
1.6 ‘The Service’/‘Services’ means the provision of any Content through the Website in accordance with paragraph 1.5 above either on an individual, firm or corporate subscription as appropriate.
1.7 'The Service' and 'Content' also includes the provision of CPDtracker for the aggregation of data concerning Users’ CPD activities both through the Website and CPD activities undertaken elsewhere.
1.8 'Corporate / Firm' 'Account / Subscription' means an agreement negotiated for the provision of Services to a group of users. The decision to offer a corporate subscription shall be at our absolute discretion.
1.9 These are the Terms and conditions of use for www.CPDcast.com. All dealings through the Website are subject to these Terms. The use of the Website constitutes your acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not use the Website.
1.10 We may unilaterally revise these Terms from time to time at our complete discretion. The revised Terms will then be published on the Website. From the time of publication we and you shall be bound by these Terms as revised. These Terms should therefore be regularly checked.
The Content provided on the Website is made available by CPDcast.com Ltd, an English company (registered number 6147202) with registered address at 9 Hatton Place, London, EC1N 8RU.
2. Registration and Security
2.1 To use the service you must be a registered user of the Website.
2.2 To register you must provide information including but not limited to a user name, password and valid primary and secondary email addresses. We will use this information in accordance with our privacy policy set out below.
2.3 Registered users may purchase and use Content provided on the Website. We will establish an electronic record of the information all users provide to us and a record of the Content they have purchased under these Terms, this record will be known as ‘Your Account.’
2.4 Personal information provided to us in setting up Your Account will not be disclosed to any third party and we will take all reasonable steps to ensure the security of your password, membership number and name and other relevant information.
2.5 We accept no liability for any losses incurred due to unauthorised use of Your Account by any third party. It is your responsibility to bring to our attention any unauthorised use of Your Account. You may not enter the Website using another user’s details. It is your responsibility to ensure all the information entered in Your Account is correct and up to date. By registering, you agree to accept responsibility and liability for all activity that occurs under Your Account and password.
3. Use of the Website
3.1 Whenever you provide information for the Website, you agree to provide accurate, up to date and complete details. You do not have to provide us with any optional information requested.
3.2 By using the Website you agree not to:
- 3.2.1 Impersonate any other person alive or dead or use a false name or a name you are unauthorised to use, or create a false origin or email address or mislead us or others as to your identity or true origin of any communications or to provide inaccurate or unreliable contact details;
- 3.2.2 Change, access or make available information or Content stored on a computer or device which you have accessed through our network, when either
- (a) the owner of the data, computer or device has taken steps to prevent you from doing this or
- (b) the owner has expressed they do not want you to do this;
- 3.2.3 Make available or upload files that contain Content or other material, data or information not owned by or licensed to you or collect information about others (such as names and addresses) without their prior consent;
- 3.2.4 Damage, interfere with or disrupt access to the Website or do anything which may impair its functionality;
- 3.2.5 Use the Website in any way to send unsolicited materials, including but not limited to emails or any marketing/publicity material;
- 3.2.6 Publish, upload, distribute, disseminate or otherwise transmit on or from the Website, defamatory, offensive, obscene, indecent or other unlawful or objectionable material or information;
- 3.2.7 Make available, upload or distribute on or from the Website by any means any material or files that contain any computer viruses, corrupt data, Trojan horses, worms, or any other harmful software;
- 3.2.8 Falsify the true ownership of Content or other material or information on the Website;
- 3.2.9 Obtain or attempt to obtain unauthorised access to the Website.
3.3 You shall not use the Website for any purpose or in any way that is prohibited by these Terms or otherwise unlawful.
3.4 You shall indemnify us in respect of any loss that we suffer as a result, directly or indirectly, of any breach by you of this agreement.
4. Payment
4.1 Where any goods or Services offered via the Website requires payment: Prices for Content and subscriptions will be indicated on the website. The price of corporate subscriptions will be negotiated separately on an individual basis.
Unless otherwise stated, payment is exclusive of VAT.
4.2 Any amount payable by you must be paid in full and in Great British Pounds Sterling (unless otherwise indicated).
4.3 If your payment is rejected or refused the purchase process may not be continued until full payment is received.
4.4 You must be the bill payer of the particular method of payment that you use to pay for any Service, or alternatively you must get the prior permission of the bill payer. We accept no liability to pay for any charges from mobile phone network providers or internet providers as such charges are outside our control.
5. Licence for Use of Content
5.1 The sale of any right of access to Content made pursuant to these Terms shall constitute a perpetual non-exclusive licence to a user to listen to the Content through the internet or from a device to which it is transmitted and for no other purpose whatsoever.
5.2 Clause 5.1 above is modified in respect of customers who have purchased an ‘unlimited access’ Service. Customers who purchase an ‘unlimited access’ Service are licensed to access as much Content from the Website as may be available at any given time for the duration of their subscription subject to our fair usage policy.
5.3 CPD points can only be claimed for the purposes of continuing professional development for the year in which the ‘unlimited access’ Service was purchased.
5.4 Discussion about Content, postings on websites and other online references may be made, so long as no Content is duplicated, private links distributed, or attempts made to sample or post any audio Content protected by these Terms.
5.5 Security systems will detect any attempts to distribute protected Content and may result in the originating user having their subscription terminated with no financial redress. Any user names and passwords used are intended for a single person or company or partnership only and may not be passed onto any third parties. The judgment of CPDcast.com Ltd in this regard and in all cases will be final.
5.6 We reserve the right to withdraw the licence and suspend the service from any customer who we perceive to be abusing the Service or we decide is in breach of our fair usage policy. The judgment as to whether there has been an abuse or breach of our fair usage policy and the consequences of such will be at our absolute discretion and in all cases will be final.
5.7 The licence referred to in clause 5.1 shall not entitle any user to copy, broadcast, lend, or otherwise duplicate any podcast originating from the Website other than for the purposes of the user listening to the Content of the podcast.
5.8 Save as permitted by the express Terms of any corporate account, no user shall permit any third party to use, copy, broadcast or otherwise duplicate or make use of any Content provided to the user by or through the Website (including for the avoidance of doubt the Contents of any podcast and the materials provided in relation to any podcast).
6. Liability
6.1 Nothing in these Terms shall be read as limiting or excluding our liability for death or personal injury caused by our negligence.
6.2 We accept no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of inaccurate advice or information, whether on the Website or elsewhere, including when this has resulted from our negligence or that of any of our employees, agents or sub-contractors.
6.3 Opinions expressed on the Website including users’ ratings of podcasts or other Content are not the opinions of the Website or the operators of the Website and we accept no liability for any reliance placed on such opinions.
6.4 Any views expressed, or comments made, on the law in the Content originating from the Website is not intended to constitute legal advice and are not the opinions of CPDcast.com Ltd and we accept no liability for their accuracy.
6.5 The liability assumed by us under these Terms shall be in lieu of and to the exclusion of all other warranties, conditions, Terms and liabilities, express or implied, statutory or otherwise, in respect of the quality or the fitness for any particular purpose of the Content or otherwise however arising, except any implied by law that cannot be excluded as a matter of law.
6.6 Except as provided in these Terms we accept no liability, whether in contract, tort or otherwise, in respect of defects in or failure of the Content or for any injury, damage or loss resulting from such defects or failure.
6.7 In no event shall any breach of contract on our part or tort (including negligence and breach of statutory duty) or failure of any kind on our part or that of our employees, agents or sub-contractors give rise to any liability for loss of profit, revenue or any consequential or indirect loss or damage arising from any cause whatever.
6.8 Any liability whether in contract, tort or otherwise on our part in respect of any defect in the Content or of any duty owed to you under or in connection with these Terms shall be further restricted in the aggregate to the repayment of the amount paid by you for the Content in question.
6.9 By using this Website you agree to indemnify and hold harmless us and our agents, representatives, partners, employees, licensors, Content and technology providers, and any parent or subsidiary company from any and all losses, claims, demands, causes of action and judgments (including legal fees on an indemnity basis and court costs) which arise out of a breach by you of these Terms.
6.10 You shall not sue or seek to recover any damages or other payment from us or our agents, representatives, partners, employees, licensors, Content and technology providers, and any parent or subsidiary company as a result of its decision to terminate or suspend the Services currently provided on the Website.
6.11 You accept that your use of the Website and the Services provided by it is at your own risk. Save as expressly stated in the Terms, the Website and Content are provided without warranties of any kind either expressed or implied. This shall include (but not be limited to) all implied warranties of fitness for purpose or merchantability to the extent permitted by law.
6.12 We will use our reasonable efforts to protect the information submitted by you, by using the Website. You acknowledge and accept that your submission of such information is at your own risk and no liability shall attach to us for any loss or liability to you relating the information provided by you.
6.13 We will make all reasonable efforts to ensure an uninterrupted Service, however we do not make any guarantee representation or warranty that your use of the Website will be uninterrupted and without error and you acknowledge and accept that we may temporarily suspend all or part of the Service from time to time without notice to you in order to undertake essential Website maintenance.
6.14 We do not warrant that this Website will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we will not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to or use of Website or from downloading any material.
7. Data Protection and Privacy
7.1 This term sets out the data-processing practices carried out by us through the use of the Internet and any other electronic communications. If you have any requests concerning your personal information or any queries with regard to these practices please contact us.
7.2 We collect personal information from visitors to this Website through the use of online forms and on each occasion that you email us with your details. We also collect information about the transactions you undertake including certain details of the payment cards used.
7.3 We process personal information collected in this way for the purposes of:
- 7.3.1 Providing and personalising our Services;
- 7.3.2 Dealing with your inquiries and requests;
- 7.3.3 Administering your orders and accounts;
- 7.3.4 Processing payment for your orders;
- 7.3.5 Providing you with information about Content and Services.
7.4 All our employees and data processors that have access to, and are associated with the processing of your personal information, are obliged to respect the confidentiality of the information.
7.5 We use cookies to identify you when you visit the Website and to keep track of your browsing patterns and build up a demographic profile. Our use of cookies also allows registered users to be presented with a user-specific version of the Website, carry out transactions and have access to information about their account. Most browsers allow you to turn off cookies, however, switching off cookies will restrict your use of the Website.
7.6 We will not disclose your personal information other than to government authorities or other bodies exercising statutory or supervisory powers if required to do so by law, or to our own professional advisers in the strictest confidence.
7.7 Paragraph 7.6 above is subject to the following. You may become a user if your organisation begins a subscription with us. In those circumstances, the organisation may nominate a person or persons 'The Administrator', within your organisation to have administrative access to the service.
- 7.7.1 Administrative access allows a nominated person or persons to access the following pieces of information concerning your account for the purposes of monitoring individual CPD activity within the organisation:
- - The number of users within organisation
- - What Content has been purchased
- - Individuals’ contact details
- - What Content an individual has had accredited (if relevant)
- - When Content has been accessed by individual users
- - What accreditation quizzes have been attempted, completed, at what time and the pass rate.
- 7.7.2 It is the responsibility of the administrator to obtain the consent of individual users to provide information to CPDcast and also to obtain consent in order to access information about their accounts. Where such consent cannot be demonstrated, CPDcast will not provide the administrator with access to those account details. Individual users will be deemed to have consented to administrator access where their account is established as part of a organisation's subscription to the service.
- 7.7.3 It is the responsibility of the administrator to identify themselves to the individual users over whom they are to have administrative oversight. Administrative access will not provide the nominated administrator with access to:
- - Individual finance information
- - Individual passwords and login information
- - Individual email addresses
7.8 Our Website may contain links to other Websites, which are outside our control and are not covered by this privacy policy. If you access other Websites using the links provided, the operators of these Websites may collect information from you and it may be used by them in accordance with their privacy policy, which may differ from ours.
7.9 You have a right to access the personal data held about you. To obtain a copy of the personal information we hold about you, please contact us. We will require proof of your identity before providing you with details of any personal information that we may hold about you.
7.10 Using the Internet to collect and process personal data involves transmitting data internationally. Therefore, by browsing this Website and communicating electronically with us, you acknowledge and agree to our processing your personal data in this way.
8. Virus Protection and Compatibility
8.1 Although precautions have been taken to detect computer viruses and ensure Internet security, we cannot guarantee that the Website is totally virus-free and secure at any time.
8.2 We shall accept no liability for any loss or damage that occurs as a result of any virus or breach of security. We give no warranties as to the compatibility of the Website with your IT systems, software or hardware.
8.3 We accept no responsibility to ensure that the device through which you access the Website has the necessary technical specification to receive or use any Content purchased from the Website.
9. General
9.1 Unless otherwise specified, the Website is intended for use by those who access this Website from the UK. Those who choose to access the Website from locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
9.2 A failure or delay by us in enforcing compliance with these Terms shall not be a waiver of any provision of these Terms including such enforcement.
9.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
9.4 If any provisions of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
9.5 Any and all notices to be given by us to you or by you to us pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail addressed to you at the e-mail address you have submitted to us at the e-mail address or fax number on the Website.
10. Termination
10.1 We may suspend or terminate the provision of the Service or restrict your access to them where (by way of example and without limitation):
- There is a regulatory or statutory change limiting our ability to provide the Services;
- Any event beyond our reasonable control prevents us from continuing to provide the Website (for example and without limitation: technical difficulties, unauthorized activity by third parties, capacity problems and communications failures);
- Or we consider in our reasonable discretion that you are abusing the Services provided by the Website or are otherwise acting in breach of these Terms and we have notified you of the abuse or breach.
- Payment for services is outstanding.
10.2 Upon termination of this agreement:
- All licences granted under this agreement shall immediately terminate;
- You will all take reasonable steps to delete any Content from your electronic media, including where relevant, your intranet and electronic storage devices so that you no longer have an electronically functional copy.
Upon termination of this agreement we reserve the right to destroy or otherwise dispose of any and all user data in our possession (including information entered into CPDtracker and 'Your Account').
We shall notify you of any intention to destroy a user's data, for whatever reasons. You will have no more than 30 calendar days after this notice to access your account for the purposes or retrieving any personal data.
11. Trademark
11.1 ‘CPDcast’, ‘cpdcast’, ‘CPDCAST’, cpdCAST and other graphics and logos used in connection with the Website and Service are registered trademarks of CPDcast.com Ltd.
11.2 You are granted no right to license with respect to any of the aforesaid trademarks and any use of such trademark is strictly prohibited. Compliance with this Term will be regularly monitored and will be rigorously enforced.
12. Force Majeure
12.1 If we are hindered or prevented from performing our obligations under these Terms, for any cause beyond our reasonable control or by reason of our inability to procure Services, materials or articles required for the performance of the contract except at prices higher than those applicable at the date of your order, we may at our sole option delay the performance of, or cancel the whole or any part of the contract. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver.
13. CPDtracker
13.1. The User undertakes the use of the CPDtracker software at their own risk and accepts it is a data aggregation tool and not a substitute for keeping their own CPD records. We reserve the right to withdraw the CPDtracker service and all data entered into it in accordance with paragraph 7 and 10 below.
13.2. The User is responsible for the accuracy and adequacy of any data they enter into CPDtracker. We exclude liability for any and all loss arising from the inaccuracy or inadequacy of all data entered into the CPDtracker software by the User.
13.3. We will make every reasonable effort to ensure data automatically entered into CPDtracker by provision of the Service in paragraph 1.5 is accurate.
13.4. Data may be inadequate where (by way of example only) it is not of a quality that will be accepted by the authority which monitors the User’s Continuing Professional Development requirements.
13.5. Data entered into CPDtracker either by the Us or the User will not be retained beyond a period of 6 years.
13.6. We accept no liability in respect of loss or damages to data entered into CPDtracker arising (by way of example and without limitation) from the activity of unauthorised third parties, computer virus infection, spyware, malicious software, trojans and worms.
14. Governing Law
14.1 English law governs these Terms. You and we submit to the non-exclusive jurisdiction of the English courts.
15. Entire Agreement
15.1 These Terms constitute the entire agreement between you and us in relation to the Website. They supersede any other Terms stipulated by you, whether in any order or during any negotiations or any course of dealing established between you and us.
15.2 above may be subject to any individually negotiated agreement with respect to corporate or firm account subscriptions. In the absence of such agreement, these terms will apply to both individual and corporate agreements.
15.3 All descriptions of the Content provided on the Website or otherwise communicated to you are for guidance only. Nothing contained in any such description shall form any part of these Terms.