Table of contents:
- Use of the Website
- Licence for Use of Content & Fair Usage Policy
- Data Protection and Privacy
- Virus Protection and Compatibility
- Distance Selling Regulations
- Force Majeure
- Governing Law
- Entire Agreement
- 1.1 ‘The Terms’ means these Terms and Conditions set out below.
- 1.2 ‘We’/‘us’/‘our’ means CPDcast.com Ltd
- 1.3 ‘You’/‘your’ means the customer of CPDcast.com Ltd being an individual, a firm or legal person.
- 1.4 ‘User’ means a natural person holding a registered user account with us.
- 1.5 ‘The Website’ means www.CPDcast.com
- 1.6 ‘Writing’ includes electronic writing.
- 1.7 ‘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.
- 1.8 ‘The Service’/‘Services’ means access to content through the Website either on an individual, firm or corporate basis as appropriate.
- 1.9 ‘Corporate Account’ / ‘Corporate Subscription’ or similar phrasing means an agreement negotiated separately to these Terms for the provision of Services to a group of users.
- 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.
- 1.11 All dealings with us (unless otherwise agreed in writing) shall be subject to these Terms. Registration constitutes your acceptance of these Terms as a legally binding agreement. If you do not agree with these Terms you must not register through the website or use the service.
- 1.12 Subject to any individually negotiated terms, customers who purchase a corporate or firm subscription agree to be bound by these terms.
- 1.13 The Service is made available by CPDcast.com Ltd, an English company (registered number 06147202) with registered address at Mortimer House, 37-41 Mortimer Street, London, W1T 3JH.
- 2.1 To use the service you must be a registered user of the Website.
- 2.2 Only registered users may purchase 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 It is the user's responsibility to ensure all the information entered in Your Account is correct and up to date. By registering, users 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 are required to provide information to the Website, you agree to provide accurate details.
- 3.2 You agree that all logins details including usernames, passwords and account key codes or other user identification are personal to the user and shall ensure that they are kept confidential and not disclosed or transferrable to any person.
- 3.3 Without prejudice to any other right or remedy available to us, we reserved the right to disable any login, password or other user identification at any time, if it appears to us that any user has failed to comply with this term.
- 3.4 By using the Website you agree not to:
- 3.4.1 Impersonate any other person alive or dead or use false or name you are not authorised to use, or create a false email address or mislead us to your true identity or provide inaccurate or unreliable contact details;
- 3.4.2 Disseminate files that contain Content or other material, data or information not owned by or licensed to you;
- 3.4.3 Damage, interfere with or disrupt access to the Website or do anything which may impair its functionality including the use of computer viruses, corrupt data, Trojan horses, worms, or any other harmful software;
- 3.4.4 Use the Website in any way to send unauthorised or unsolicited materials;
- 3.4.5 Publish, upload, distribute, disseminate or otherwise transmit to or from the Website, defamatory, offensive, obscene, indecent or other unlawful or objectionable material or information;
- 3.4.6 Obtain or attempt to obtain unauthorised access to the Website.
- 3.5 You shall not use the Website for any purpose or in any way that is prohibited by these Terms or under the general law. We may consider such breaches to be contrary to our fair usage policy.
4. Licence for Use of Content & Fair Usage Policy
- 4.1 Access to Content made pursuant to these Terms shall constitute a perpetual non-exclusive licence to listen to the Content through the website and for no other purpose whatsoever.
- 4.2 The licence referred to in clause 4.1 shall not entitle you to copy, disseminate or otherwise duplicate any Content or sample thereof without our express authorisation in writing.
- 4.3 You shall not permit or facilitate any third party to use, to copy, disseminate or otherwise duplicate any Content or sample thereof without our express authorisation in writing.
- 4.4 We reserve the right to withdraw the licence and suspend the service from any customer who we perceive to be abusing the Service or 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.
- 4.5 Clause 4.1 above is modified in respect of customers who have purchased an ‘unlimited access’ Service. Customers who purchase ‘unlimited access’ 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.
- 4.6 Subject to any contrary approval by a user's regulatory body, points can only be claimed for the purposes of a users' continuing professional development (CPD) for the CPD year in which ‘access’ to the service was purchased.
- 5.1 You undertake the use of the CPDtracker software at your own risk and accept it is a data aggregation tool and not a substitute for keeping your own CPD records. We reserve the right to withdraw or suspend the CPDtracker service in accordance with paragraph 11 below.
- 5.2 You are responsible for the accuracy and adequacy of any data you enter into CPDtracker. We accept no liability for any loss arising from the inaccuracy or inadequacy of any data entered into the CPDtracker software.
- 5.3 We will make every reasonable effort to ensure that data automatically entered into CPDtracker is accurate.
- 5.4 All data entered into CPDtracker will not be retained beyond a period of 6 years, subject to paragraph 11 below.
- 5.5 We accept no liability for loss of data resulting from the activity of unauthorised third parties, computer virus infection, spyware, malicious software, Trojans and worms.
- 6.1 Where any service offered via the Website requires payment:
- 6.1.1 Unless otherwise stated, payment is exclusive of VAT.
- 6.1.2 Prices will be indicated on the website. The price of corporate subscriptions will be negotiated separately in accordance with our corporate pricing policy.
- 6.1.3 Unless otherwise agreed, any amount payable must be paid in full and in Great British Pounds Sterling.
- 6.1.4 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.
- 6.1.5 We accept no liability to pay for any charges from telephone network providers or internet providers.
- 6.1.6 Where provision is made for you to pay by invoice, our standard credit terms are 30 calendar days from the date of the invoice.
- 6.1.7 We reserve the right to suspect the service pending payment of overdue invoices.
- 7.1 We, our agents, representatives, partners, employees, licensors, content and technology providers, and any parent or subsidiary company accept no liability, whether in contract or tort, for:
- 7.1.1 Damage, loss or expense resulting from any misrepresentation other than fraudulent misrepresentation; whether through the Website or elsewhere.
- 7.1.2 Reliance placed upon any opinions expressed on the Website or by any of those persons listed in 7.1 above.
- 7.1.3 Any views expressed, or comments made, on aspects of the law or legal practice in the Content. This does not constitute legal advice and they are not the opinions of CPDcast.com Ltd and we accept no liability for their accuracy.
- 7.1.4 Any indirect or consequential loss or for any loss of data profit, goodwill, anticipated savings, revenue or business however caused, even if foreseeable or arising out of or in connection with your access or reliance upon the service.
- 7.1.5 Our decision to terminate or suspend the Services currently provided on the Website subject to 11 and 12 below.
- 7.1.6 Damage to, any computer equipment, software or data resulting from your use of the service.
- 7.1.7 We make no warranty and exclude all implied warranties to the extent permissible in law that this Website will be compatible with all hardware and software which you may use.
- 7.2 By using this Website you agree to indemnify us a for any loss larising out of your breach of these Terms.
- 7.3 Any liability on our part under these Terms shall be limited to the aggregate of the amount paid by you for the service in question.
- 7.4 We will make all reasonable efforts to ensure an uninterrupted Service, however we do not make any guarantee, that your use of the Website will be uninterrupted and you acknowledge and accept that we may temporarily suspend all or part of the Service or Website from time to time without notice to you in order to undertake necessary maintenance.
8. Data Protection and Privacy
- 8.1 This section sets out the data-processing practices carried out by us through the use of the Internet and other electronic communications.
- 8.2 You have a right to access the personal data held about you. If you have any requests concerning your personal information or any queries with regard to these practices 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.
- 8.3 We collect personal information from visitors to the Website through the use of online forms and on each occasion that you email us with your details. We also process limited information about the transactions you make through the website.
- 8.4 We process personal information collected in this way for the purposes of:
- 8.4.1 Providing and personalising our Services;
- 8.4.2 Dealing with your inquiries and requests;
- 8.4.3 Administering accounts;
- 8.4.4 Processing payment;
- 8.4.5 Providing you with information about Content and Services.
- 8.5 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 and are bound by our data protection and privacy policies.
- 8.7 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.
- 8.9 You may become a user if your organisation begins a corporate 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 on behalf of the firm, company or organisation.
- 8.10 The administrator can access the following pieces of information concerning user accounts within their organisation for the purposes of monitoring individual CPD activity:
- 8.10.1 The number of users within the organisation;
- 8.10.2 What Content has been purchased;
- 8.10.3 An individual's contact details;
- 8.10.4 What Content an individual has had accredited (if relevant);
- 8.10.5 When Content has been accessed to by individual users;
- 8.10.6 What accreditation quizzes (if relevant) have been attempted, completed, at what time and the pass rate.
- 8.11 It is the responsibility of the administrator to obtain the consent of individual users in order to access information about their accounts.
- 8.12 We accept no liability for breach of data protection where we have been assured to our reasonable satisfaction that such consent has been obtained.
- 8.13 Individual users will be deemed to have consented to administrator access where their account is established as part of an organisation's subscription to the service.
- 8.14 Administrative access will not provide the administrator with access to:
- 8.14.1 Individual finance information.
- 8.14.2 Individual passwords and login information.
9. Virus Protection and Compatibility
- 9.1 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.
- 9.2 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.
- 9.3 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.
- 10.1 Unless otherwise specified, the Website is intended for use by those who access this Website from the UK. Those who access the Website from locations outside the UK are responsible for compliance with local laws to the extent local laws are applicable.
- 10.2 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.
- 10.3 None of these Terms shall be subject to the Contracts (Rights of Third Parties) Act 1999.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.
- 10.4 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
- 10.5 Any communication in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail to the e-mail address you have provided to us.
- 11.1 We may suspend or terminate the provision of the Service or restrict your access where (by way of example and without limitation):
- 11.1.1 There is a regulatory or statutory change limiting our ability to provide the Services;
- 11.1.2 Any event beyond our control prevents us from continuing to provide the Services (for example and without limitation: technical difficulties, unauthorized activity by third parties, capacity problems and communications failures or cessation of trading);
- 11.1.3 We consider that you are abusing the service or breached the fair usage policy or are otherwise acting in breach of these Terms;
- 11.1.4 Payment for services is outstanding.
- 11.2 Upon termination of this agreement:
- 11.2.1 All licences granted under this agreement shall be immediately revoked;
- 11.2.2 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 a functional copy.
- 11.3 Upon cessation of business 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').
- 11.4 Upon cessation of business we shall notify you of our intention to destroy a user's data. You will have no more than 30 calendar days after this notice to access your account for the purposes or retrieving any personal data.
- 12.1 Any refund will be at our absolute discretion.
- 12.2 Subject to clause 13 below no refund will be given where there has been activity on a user account. 'Activity' for these purposes includes:
- 12.2.1 Downloading any content into Your Account;
- 12.2.2 Activating CPDtracker;
- 12.2.3 Entering data into CPDtracker.
- 12.3 No refund shall be available on corporate subscriptions save as agreed expressly in writing.
13. Distance Selling Regulations
- 13.1 Subject to the following conditions, you have a right to cancel this agreement within 7 days pursuant to the Consumer Protection (Distance Selling) Regulations 2000.
- 13.2 Pursuant to Regulation 7, we are obliged to make you aware of the following pieces of information about the service:
- 13.2.1 Our identity and contact details ( 1.14 )
- 13.2.2 A description of the main characteristics of the goods or services offered on the website ( 1.8 )
- 13.2.3 The pricing structure and the arrangements applying to payment for the service ( 6 )
- 13.2.4 A notice that you have the right to cancel the contract without cause during a seven-day cooling off period ( 13.3 )
- 13.2.5 The period for which any special offer remains valid (as advertised)
- 13.3 Having provided you with the required information, you acknowledge you will lose your right to cancel this agreement if the service commences before the end of the usual 7 day cancellation period.
- 13.4 For the avoidance of doubt, the service will commence upon you downloading any Content into your account after the issue of an invoice or payment through the website.
- 13.5 The service cannot be commenced until you have first agreed to waive your right to cancel by agreeing to our terms and conditions.
- 14.1 ‘CPDcast’, ‘cpdcast’, ‘CPDCAST’, cpdCAST and other graphics and logos used in connection with the Website and Service are registered trademarks of CPDcast.com Ltd.
- 14.2 You are granted no right to license with respect to any of the aforesaid trademarks and any use of such trademark without our permission is strictly prohibited.
15. Force Majeure
- 15.1 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 service, we may at delay the performance of, or cancel the whole or any part of this agreement. In that event, we shall not be held responsible for its delay or cancellation or any inability to deliver.
16. Governing Law
- 16.1 English law governs these Terms. You and we submit to the exclusive jurisdiction of the English courts.
15. Entire Agreement
- 17.1 These Terms constitute the entire agreement between you and us. 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.
- 17.2 16.1 above may be subject to any individually negotiated agreement with respect to corporate account subscriptions.
- 17.3 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.