We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
We provide services and platforms for users who are interested in developing professional skills. Our services and platforms are therefore provided to professionals, and not to consumers. Accordingly, consumer rights to cancel subscriptions for content and services do not apply.
2.1 In these Terms, the following words have the following meanings… Our Content: all content and materials on the Site or otherwise provided to you through a Service, including all information, data, text, images, recordings and software but always excluding any User Content. Site: any site owned and operated by us, specifically the Training Designer’s Club website; User Content: all content and materials including information, data, text, images, recordings and software posted by a User on the Site or otherwise provided by a User to a User or to us as part of the receipt of the Services; and User, you: any user of the Site.
2.2 In these Terms, words in the singular include the plural and in the plural include the singular; headings are for convenience only and shall not affect construction; reference to including shall be treated as being by way of example and shall not limit the general applicability of any preceding words; and reference to any legislation shall be to that legislation as amended, extended or re-enacted from time to time and to any subordinate provision made under that legislation.
Registering on the Site and Use of the Site
3.1 In order to access many parts of the Sites, you are required to register. To register, you must: (a) be at least 18 years old; (b) be legally capable of entering into a contract; (c) not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which your are not sentenced to any term of imprisonment whether immediate or suspended; (d) have appropriate qualifications or experience necessary for the sort of training services you offer (if any); and (e) be legally entitled to work in the UK. At our request, you shall provide evidence of your compliance with this Condition 3.1.
When you register on a Site for the Training Designer’s Club you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at firstname.lastname@example.org if you believe there has been any unauthorised use of your account.
When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another User obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) add another User to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
4.1 The copyright in Our Content is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of Our Content for your own personal use. However, you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
4.2 We reserve the right to remove any of Our Content from the Site for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.
4.3 We also share external content in good faith via links to the original source. We do not own this content and don’t take responsibility for external that is removed from the public domain.
Subscribers to The Training Designer’s Club
5.1 The minimum period of monthly subscription to The Training Designer’s Club is three months. After that, membership can be cancelled with one month’s notice. No refund shall be due to you in respect of the Fees paid for a month if membership is cancelled part way through a month.
5.2 Users agree that whilst participating in the Training Designer’s Club, they will interact with other Users. Accordingly, Users should not discuss any information that they wish to keep confidential and/or that they are lawfully required to keep confidential.
5.3 Users should also behave respectfully and professionally in all forums. Anyone judges to be posting inappropriate content will be warned, and ultimately removed from the group and their membership cancelled.
5.4 Users may not record virtual meetings or webinars without our prior consent and the prior consent of all other Users involved.
5.5 You agree that we may film, photograph or otherwise record your involvement in Training Designer’s Club virtual events, on-line discussions, and including any feedback you give to us and use such recordings for any purpose relating to our business including on our Site.
6.1 There are opportunities for Users to upload User Content when receiving Services and otherwise in relation to the Training Designer’s Club. Indeed it is encouraged as part of the community
6.2 All User Content must not: (a) breach the provisions of any law, statute or regulation including the Equality Act 2010 and the Protection from Harassment Act 1997; (b) be defamatory, obscene or offensive; (c) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (d) involve the transmission of junk mail or spam (e) be made in breach of any legal duty owed to a third party, such as a contractual duty and/or a duty of confidence; (f) engage in commercial activities not relating to the Services in question; (g) be illegal, dishonest, false, inaccurate or misleading; (h) incite hatred of any sort; (i) contain any virus or malicious code; and/or (j) give rise to any cause of action against us whatsoever. 9.3 We do not actively monitor or review any User Content. However, we reserve the right to: (a) require you to amend any User Content; and/or (b) remove any User Content at any time and without notice to you if we reasonably believe that such content infringes any of the these rules. In such circumstances, no refund of the Fee shall be due to the User.
6.3 You agree that we may use the User Content as we deem fit in relation to the provision of the Services and the Site in perpetuity without further reference to you.
6.4 Each User shall indemnify us and keep us indemnified and held harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim or allegation in relation to any User Content provided by that User and/or any other act or omission of a User.
7.1 We will use reasonable endeavours to maintain and make available to you the Site at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all registered Users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions. 7.2 For the avoidance of doubt, we shall also not be liable if you are unable to access the Site or any of the Services for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
Disclaimer – Your attention is particularly drawn to these provisions
8.1 We shall provide the Services and prepare Our Content with reasonable skill and care. However, you agree that: (a) we have no responsibility and/or liability for any User Content; (b) we do not warrant that any result or objective will be achieved, be achievable or be attained in whole, in part, or by any given date by any User including any change in their business or professional circumstances as a result of the Services; and (c) we do not make any representation or give any warranty regarding another User, including their suitability to provide any services that they may offer.
8.2 Subject to Condition 8.4, we shall in no circumstances be liable to any User in contract, tort (including negligence) or otherwise for any: (a) loss of profit, anticipated profits or business; (b) loss of data including User Content; (c) loss of opportunity; (d) loss of revenue; (e) wasted expenditure; (f) loss of goodwill or reputation; and/or (g) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
8.3 Subject to Condition 11.4, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by you for the Service in question, provided that where the Service is an on-going subscription, our liability shall not exceed the Fee paid by you for the Service in the twelve (12) months preceding the date on which the liability arose.
8.4 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
9. Termination or Suspension
9.1 We reserve the right to suspend or terminate the account of a User at any time and without liability: (a) if any information that you provide to us is not true or we cannot verify or authenticate any such information; (b) you are in breach of these Terms; (c) you are convicted of a criminal offence or act in any way that may bring us into disrepute; and/or (d) if we receive complaints or disputes are raised in relation to your activities on the Site.
9.2 Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name.
9.3 You may contact us at any time to terminate your account, and provided there are no outstanding Fees due or payable, we shall delete the account within 5 days of receipt of such a notice.
9.4 If you have subscribed to a Service for a
fixed term, you are not entitled to any refund if you choose to terminate or
otherwise no longer participate in the Service.
10.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
10.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
10.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
Governing Law and Jurisdiction
11.1 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. Last updated: July 2019