Coursecheck Ltd Terms & Conditions for Training Providers

1. Definitions

“Coursecheck Widget” means the software provided by us to you, that enables you to link the Public Feedback to your website and to display your average star rating and how many reviews you have.

“Customer Feedback” means survey response information provided by your Customers

“Customers” means the organisations and individuals for whom you provide training.

"Fees" means the monthly or annual fee paid by you to use our Services

“GDPR” means the EU General Data Protection Regulations

"Loss" means any loss, damage, liability, cost or expense including reasonable legal costs and expenses

"Personal Information" means the personal information supplied by your Customers that identifies them as individuals.

“Privacy Policy” means the then current Coursecheck Privacy Policy

“Public Feedback” means those elements of the Customer Feedback that are visible to the public on our Website.

“Responses” means comments posted by you on our Website in relation to comments made by your Customers.

“Services” means the services we provide to you.

“Subscription End Date” means the date on which your 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

“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.

2. Our rights and obligations

You agree that we may use the Customer Feedback for the sole purposes of:

  1. Displaying Public Feedback in both detail and aggregated form on our Website
  2. Displaying Public Feedback in aggregated form on the websites of other organisations with which we have an established partnership.
  3. Analysing the Customer Feedback for the purposes of providing you with the ability to manage your business.

You agree that we may use Personal Information for the sole purposes of:

  1. Validating that the Customer Feedback is genuine and notifying them if you have responded to comments in their feedback
  2. Inviting your Customers to submit additional feedback if you request us to do so
  3. Providing you with the ability to view or extract the Personal Information

For the purposes of compliance with Data Protection Regulation, we will delete most Personal Information associated with any Feedback, four years after the Feedback was submitted. The exception will be the reviewer’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 Customer 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.

3. Your rights and obligations

Other than on your website and the pages you own on other social media pages, you may not replicate or refer to the Customer Feedback on any other third party website without prior agreement from us. Any such agreement shall not be unreasonably withheld provided that the Customer Feedback is clearly identified as having originated on Coursecheck and must include the Coursecheck logo.

When referring to Customer Feedback in your marketing materials, you must always include the Coursecheck logo.

You must not use Personal Information in ways that would cause a breach of our Privacy Policy or of any other applicable data protection regulations.

4. Support

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.

5. Data Protection

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

For the avoidance of doubt, we are both Data Controllers and Data Processors.  However, if you copy or download any Personal Data from our Website, then you agree that you will not use it in any way that would cause a breach of our Privacy Policy.

To the extent that they apply, 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.

6. Fees and Payment

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 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 Services and/or claim interest at the rate of 3% above Barclays base rate at the time the debt is enforced.

7. Subscription bands

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.

8. Subscription renewals

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.

9. Indemnity

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:

  1. Our publication of the Public Feedback and your Responses
  2. Any breach by you of your obligations under these Terms & Conditions
  3. Any activity by you that causes a breach of the Privacy Policy

10. Termination

If you are paying monthly subscription fees, you may terminate your subscription by giving not less than one calendar month’s 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:-

  1. You will promptly account for all payments due in accordance with these Terms & Conditions
  2. Unless otherwise agreed, we will delete all Customer Feedback and Personal Information and other information relating to you from the Coursecheck Website as well as from our marketing materials.
  3. Unless otherwise agreed, you will promptly remove all references to Coursecheck from both your web site and any other marketing materials.

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 2,3,5,9,10 and 11 shall survive the Subscription End Date.

11. General

Not withstanding the terms of clause 9, 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.

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.

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.

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: May 2018