- Introduction
- Registration and Security
- Use of the Site
- Payment
- Licence for Use of Podcast
- Liability
- Data Protection and Privacy
- Virus Protection and Compatibility
- General
- Termination
- Force Majeure
- Governing Law
1. Introduction
1.1 These are the terms and conditions of use (Terms) for www.CPDcast.com (the Website). 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. We may revise these Terms from time to time at our discretion which 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.
1.2 The Content provided on the Website is made available by CPDcast.com Ltd (we or us), an English company (registered number 6147202) with registered address at 9 Hatton Place, London, EC1N 8RU.
1.3 The Website provides access to digital recordings of speech, music, artwork, audio visual material, software and other associated products (Content) that you may listen to, view or download in accordance with these Terms upon payment of any applicable purchase price.
2. Registration and Security
2.1 To purchase a CPDcast on the Website you must be a registered user of the Website. To register you must provide information including but not limited to a username, password and valid primary and secondary email addresses. We will use this information in accordance with the our privacy policy set out below. As a registered user of the Website you will set up a user account through which you may purchase the podcasts provided by the Website (Your Account).
2.2 Personal information of Your Account should 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. We will not be held liable 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 or password.
3. Use of the Site
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 You agree not to:
- 3.2.1 impersonate another person or use a false name or a name you are unauthorised to use, or create a false origin or email address or try to 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 restricted 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 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: It is your 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.
4.2 Any amount payable by you must be paid in full in 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. You are also responsible for any charges from mobile phone network providerss or internet providers as such charges are outside our control.
5. Licence for Use of Podcast
5.1 The sale of any podcast made pursuant to these terms and conditions shall constitute a perpetual non-exclusive licence to use the podcast on the device (computer, mp3 player or other compatible device) to which it is transmitted and for no other purpose whatsoever. 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 protected audio content. 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 usernames and passwords used are intended for a single person or company or partnership only and may not be passed onto any third parties. The CPDcast.com Ltd. directors’ judgement on any cases made will be final.
5.2 The licence referred to in clause 5.1 shall not entitle any user to copy, broadcast, lend, or otherwise duplicate any podcast contained on the Website other than for the purposes of the user listening to the content of the podcast.
5.3 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 shall be under 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 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.
6.5 Except as provided in these Terms we shall be under 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.
6.6 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.
6.7 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.
6.8 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 actions and judgments (including legal fees on an indemnity basis and court costs) which arise out of a breach by you of these Terms.
6.9 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.
6.10 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.
6.11 We will use our reasonable efforts to protect the information submitted by you, however 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.
6.12 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 the service from time to time without notice to you in order to undertake essential Website maintenance.
6.13 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 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 this 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 our 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 our 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 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.
7.8 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.
7.9 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 security, we cannot guarantee that the Website is virus-free and secure at any time.
8.2 We shall not be liable 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.
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 or to us at the e-mail address or facsimile number on the Website.
10. Termination
10.1 We may terminate the provision the Website or restrict your access to it without any prior notice to you where (by way of example and without limitation): there is a regulatory or statutory change limiting our ability to provide the Website; any event beyond our reasonable control prevents us from continuing to provide the Website (for example, without limitation, technical difficulties, capacity problems and communications failures); or we consider in our reasonable discretion that you are abusing the services provided by a Website or are otherwise acting in breach of these Terms and we have notified you of the abuse or breach.
11. Force Majeure
11.1 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.
12. Governing Law
12.1 English law governs these Terms. You and we submit to the non-exclusive jurisdiction of the English courts.