“Applicable Data Protection Laws” means:
“Applicable Laws” means:
“EU GDPR” means the EU General Data Protection Regulations.
"Fees" means the monthly or annual fee paid by you to use our Services.
“Learner(s)” means the organisations and individuals for whom you provide training.
“Learner Feedback” means survey response information provided by your Learners.
"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.
“Privacy Policy” means the then current Coursecheck Privacy Policy.
“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.
“Subscription End Date” means the date on which you cease to use our Services.
“Subscription Renewal Date” means the date on which your subscription is due for renewal.
“Subscription Start Date” means the day after the end date of your Coursecheck free trial period.
“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.
“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 Learner Feedback for the purposes of:
You agree that we may use Personal Information for the purposes of:
For the purposes of compliance with Applicable Data Protection Laws, we will delete most Personal Information associated with any Learner Feedback, four years after it was submitted. The exception will be the Learner’s first name and the first letter of their surname, both of which we will retain for the purposes of displaying authentic Public Feedback.
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.
Other than on your website and the pages you own on other social media websites, you may not replicate or refer to your Learner Feedback on any other third-party 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.
When referring to Learner Feedback in your marketing materials, you must always 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.
You must not use Personal Information in ways that would cause a breach of our Privacy Policy or of any other Applicable Data Protection Laws.
You may not use our Website:
You also agree:
Responsibility for matters outlined in this clause rests solely with you.
Support is provided by telephone and email 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.
We are registered on the Data Protection Public Register held by the UK Information Commission with registration number ZA056850. In this clause, the expressions "controller, "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 your 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 Subscription End Date. 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.
For the avoidance of doubt, we are data processors. However, if you copy or download any Personal Information from our Website, then you agree that you will not use it in any way that would cause a breach of these Terms & Conditions and/or our Privacy Policy.
In return for us granting you the right to use the Services, you agree to pay Fees to us, which may be either monthly or annual. 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 before 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 the 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 also pay by BACS transfer or credit card.
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 Services and/or claim interest at the rate of 3% above Barclays base rate at the time the debt is enforced.
We operate a fair usage policy and the Fees we charge are based on the number of people you tell us that you expect to train in the next twelve months. We will review your account twice a year and if it appears that the number of people you are training is higher than the upper limit of the subscription band for which you have subscribed, then we reserve the right to adjust our Fees accordingly. If you are paying annually, we will issue an invoice for any additional amount due, calculated pro-rata for the remainder of the subscription period. However, regardless of your method of payment, we will not seek to apply higher fees retrospectively and we will not increase the Fees without discussing it with you first.
The Subscription Renewal Date is one year after the Subscription Start Date. Unless you inform us in writing at least thirty days prior to the Subscription Renewal Date, we will automatically renew your subscription. However; we will write to you sixty days prior to the Renewal Date to remind you of this, and also to inform you of the subscription rate for the subsequent twelve-month period.
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:
If you are paying monthly subscription fees, you may terminate your subscription by giving not less than one calendar months’ notice. If you are paying an annual fee, then you may terminate your subscription by informing us in writing not less than 60 days prior to your Subscription Renewal Date.
Upon termination:-
In no circumstances will any Fees be repaid due to termination under this clause.
Termination shall not affect our or your accrued rights under these Terms & Conditions and the provisions of Clauses 2,3,4,6,10,11, 12 and 13 shall survive the Subscription 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:
Notwithstanding the terms of clause 10, 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.
You agree that we may identify you as our customer on our Website and you consent to our use of your company name as part of our general marketing activities.
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: October 2022