Coursecheck Ltd Terms & Conditions for Training Providers

1 Definitions

‘Coursecheck Platform’ The services provided to course providers at coursecheck.com
‘Coursecheck Widget’ The graphic that includes the Coursecheck logo together with your average ratings as calculated by Coursecheck based on your Reviews
‘Feedback’ The feedback about your courses provided by Your Customers
‘Loss’ Any loss, damage, liability, cost or expense including reasonable legal costs and expenses
‘Fees’ The monthly or annual fee paid by you to use the Coursecheck Platform
‘Personal Information’ The personal information supplied by Your Customers that could be used to identify them.
‘Responses’ Comments posted by you on the Coursecheck Platform in relation to a specific piece of Feedback given by one of Your Customers.
‘Reviews’ The Feedback provided by Your Customers together with their Personal Information.
‘Subscription Start Date’ The day after the end date of your Coursecheck free trial period
‘Your Customers’ The customers of your business

2 Ownership and use of Personal Information provided by Your Customers

 You own all the Personal Information and Feedback provided by Your Customers but you agree that we may use it for the purposes of:-

  1. Day to day operation of Coursecheck.com eg to authenticate the reviews
  2. Publishing the Feedback on Coursecheck.com for anyone to read
  3. Benchmarking and analysis where the data will be held in aggregated form.
  4. Compliance as may be required by law or by any court, tribunal or administrative body of competent jurisdiction

 We will never share Personal Information about Your Customers with any third parties

3 Support

Support is provided during normal office hours (9am - 5.30pm) on Monday-Friday excluding bank holidays. You can either call us on 020 3432 4484 or email us at support@coursecheck.com.

4 Data Protection

Coursecheck is registered on the Data Protection Public Register with registration number ZA056850. In this Clause, the expressions "Data controller, "Data processor", "Personal Data" and "Process" shall have those meanings as set out in the Data Protection Act 1998.

You agree that, in respect of any Personal Data supplied by Your Customers, you are the Data Controller and we are the Data Processor. As such, you agree that you will comply with your responsibilities under the Data Protection Act 1998 and all other applicable UK data protection law with respect to Your Customers Personal Information.

5 Fees and Payment

In return for us granting you the right to use the Coursecheck Platform, you agree to pay Fees to us. Fees are payable in advance of the periods to which they relate and all invoices are payable within thirty days.  We will issue the first invoice to you on or shortly after the Subscription Start Date.

If you are paying monthly, this invoice will cover the period between the Subscription Start Date and the last calendar day of the subsequent month with the fee calculated pro-rata based on the total number of days in the period. Thereafter, we will invoice you on the first day of each month for the period covered by the subsequent month.

If you are paying annually, we will issue an invoice for the annual subscription on or shortly after the Subscription Start date.

We review our Fees on an annual basis and will notify you in writing if there are any changes that affect you. We will always give you at least 60 days notice of any pricing changes and changes will only be applied on the anniversary of your Subscription Start Date.

Our preferred method of payment is by Direct Debit and this is mandatory for monthly payments. However if you are paying annually, then you may pay by BACS transfer or cheque.

If you fail to pay any sum due within 14 days of the payment due date, we reserve the right to suspend your use of the Coursecheck Platform and/or claim interest at the rate of 3% above Barclays base rate at the time the debt is enforced.

6 Number of people to be trained

We operate a fair usage policy and the Fees we charge you are based on the number of people you expect to train in the next twelve months. We will review your account twice a year and if we have reason to believe that the number of people you are going train will be significantly higher than the anticipated level, then we reserve the right to adjust the Fees accordingly. However, we will not seek to apply higher Fees retrospectively and we will not increase the Fees without discussing it with you first.

7 Termination

You may terminate your subscription by giving not less than one calendar month’s notice. Upon termination:-

  • You shall promptly account for all payments due in accordance with these Terms & Conditions
  • We shall promptly remove all Feedback and other information relating to you from the Coursecheck Website as well as from our marketing materials
  • You shall promptly remove all references to Coursecheck from your web site including the Coursecheck Widget as well as removing references to Coursecheck from any other marketing materials.
  • If you have paid for an annual subscription, then under no circumstances will any Fees be repayable under this clause

 Termination shall not affect our or your accrued rights under these Terms & Conditions and the provisions of Clauses 2,7,8 & 9 shall survive the Subscription End Date.

8 Indemnity

You agree that any breach of your obligations whilst using the Coursecheck Platform may have significant repercussions for us. You agree that you shall defend, hold harmless and indemnify us in respect of any Loss incurred by us caused directly by any third party claim caused by:

  1. our publication of the Feedback and your Responses infringing the Intellectual Property Rights of any third party; or
  2. any breach of your obligations under these Terms & Conditions

9 General

  1. You agree to display the Coursecheck Widget on your website as soon as reasonably possible after acquiring 50 reviews on Coursecheck.
  2. Neither party's liability for Loss to the other shall be greater than the total amount of Fees paid in the calendar year in which such Loss occurred; and neither party shall be liable for any loss of profits, revenues, business opportunity, goodwill, reputation, data or any indirect, consequential or special Loss whatsoever.
  3. You agree that we may identify you as a Coursecheck customer on the Coursecheck Website and you consent to our use of your company name as part of our general marketing activities.
  4. We will use reasonable endeavours to ensure that the Coursecheck Website is always available but as with any internet-based service, we cannot guarantee availability of the service.
  5. The formation, existence, construction, performance, validity and all aspects of these Terms & Conditions is governed by English law and in the event of any dispute, you agree to submit to the exclusive jurisdiction of the English courts.
  6. We reserve the right to vary these Terms & Conditions at any time but will always notify you in writing if we intend to do so.

 

Last updated: October 2016