“Applicable Data Protection Laws” means:
“Applicable Laws” means:
“EU GDPR” means the EU General Data Protection Regulations.
“Learner Feedback” means survey response information provided by Learners.
“Learners” means the individuals for whom you provide training.
"Loss" means any loss, damage, liability, cost or expense including reasonable legal costs and expenses.
"Personal Information" means the personal information supplied by your Learners that identifies them as individuals.
“Public Feedback” means those elements of the Learner Feedback that are visible to the public on our Website.
“Responses” means comments posted by you on our Website in relation to Learner Feedback.
“Services” means the services we provide to you.
“Trial Period” means the period during which You are using Coursecheck for the purposes of assessing its suitability.
“UK GDPR” has the meaning given to it in the Data Protection Act 2018.
“We”, “us”, “our” means Coursecheck Ltd, a company incorporated in England and Wales (No. 08324937) and having its registered office at Yew Tree House, Lewes Road, Forest Row RH18 5AA, United Kingdom.
“Website” means the website at www.coursecheck.com and any other web sites owned by Coursecheck Ltd.
“You”, “your” means you, the Training Provider and includes anyone you represent and on whose behalf you provide information to us. This includes any person, firm, company, unincorporated association or any other legal entity.
By using our Website, you confirm that you accept these Terms & Conditions and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these Terms & Conditions for future reference.
You agree that we may use the Learner Feedback for the purposes of providing you with the ability to manage your business.
You agree that we may use Personal Information for the purposes of:
Unless otherwise agreed with you; and for the purposes of compliance with Applicable Data Protection Laws, we will delete Personal Information associated with any Learner Feedback, four years after the Learner Feedback was submitted.
If your organisation is using Coursecheck marketing functionality, you agree that we may use Learner Feedback for the purposes of displaying Public Feedback in both detail and aggregated form on our Website.
For the avoidance of doubt, we will never share Learner Feedback or Personal Information with any third parties other than as may be required by law or by any court, tribunal or administrative body of competent jurisdiction.
Responsibility for matters outlined in this clause rests solely with you.
You may not use our Website:
You also agree:
If you are using the Coursecheck Marketing functionality, then during the Trial Period, you must not replicate or refer to your Learner Feedback on any other website (including your own website) without prior consent from us. Any such consent shall not be unreasonably withheld, provided that the Learner Feedback is clearly identified as having originated on the Website and must include our logo.
Save as for provided above, no licence or other right is hereby granted to you directly or indirectly under any copyright or other intellectual property in the Learner Feedback on the Website.
Support is provided by telephone, email and online chat via our Website during normal office hours (9am – 5.30pm) on Monday-Friday excluding bank holidays. Contact details can be found on our Website.
We are registered on the Data Protection Public Register held by the UK Information Commission with registration number ZA056850. In this clause, the expressions "Data Controller, "Data Processor", "Data Sub-processor" and "Personal Data" shall have meanings as set out in the Data Protection Act 2018 and UK GDPR.
Both parties will comply with all applicable requirements of Applicable Data Protection Laws. This clause is in addition to, and does not relieve, remove or replace, a party's obligations or rights under Applicable Data Protection Laws.
The parties acknowledge their understanding that for the purposes of Applicable Data Protection Laws, you are the Data Controller and we are the Data Processor (or, in respect of any Personal Data processed by you as Data Processor on behalf of a third party, you are a Data Processor and we are a Data Sub-processor) of any Personal Data processed by us on your behalf. The subject-matter of the processing by us is the provision of a platform for collecting Learner Feedback. The nature and purpose of processing by us is to provide you with a platform for Learners to give course feedback. The duration of the processing is up to the end of the Trial Period. The types of personal data to be processed will include names, email addresses and comments on training courses, and will not include any special categories of personal data.
Without prejudice to the generality of this clause, you will ensure that (where you act as a Data Controller in respect of Personal Data) you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Information to us and/or lawful collection of the same by us for the duration and purposes of the Services.
Nothing in these Terms & Conditions relieves either party from their own individual responsibilities to comply with Applicable Data Protection Laws.
You agree that any breach of your obligations whilst using the Services may have significant repercussions for us; and that you shall defend, hold harmless and indemnify us in respect of any Loss or claim against us caused by:
The trial will terminate automatically at the end of the Trial Period.
Upon termination, unless otherwise agreed, we will delete all Learner Feedback and Personal Information and other information relating to.
Termination shall not affect our or your accrued rights under these Terms & Conditions and the provisions of Clauses 2-4 and 6-10, shall survive the Trial Period End Date.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
We will not be liable to you for any Loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular we will not be liable for:
We will use reasonable endeavours to ensure that our Website is always available but as with any internet-based service, we cannot guarantee availability of the service.
The formation, existence, construction, performance, validity and all aspects of these Terms & Conditions is governed by English law and in the event of a dispute you agree to submit to the exclusive jurisdiction of the English courts.
We reserve the right to vary these Terms & Conditions at any time but will always notify you if we do so.
Last updated: April 2023