Terms and Conditions
1. Definitions
In this agreement the following meanings shall apply:
"You" means the individual (or in the case of group booking the individual whose details have been supplied as part of a group rate) who has been given access to a training module;
"Account" means the facility provided to you for the purpose of allowing you to order and receive access to training modules;
"Agreement" means the entire contract between expertlectures.com and you for the provision of the Service incorporating these terms and conditions;
"Authorised Users" means the users notified to expertlectures.com authorised to order and view training modules;
"Fees" means the charges for the training modules as set out and amended from time to time on the Site;
"Frequently Asked Questions" means the user instructions, Service technical requirements and related information found on the Site;
"Help Desk" means the Service help desks contactable via the email at enquiries@expertlectures.com
"Registration Form" means the Service registration form available to be completed online on the Site;
"Service" means the online training modules provided via the Site;
"Site" means the website with the URL of http://www.expertlectures.com;
"Training modules" means the online video-based content and any supporting materials accessed via the Site.
2. Registration
2.1. In order to register for the Service and set up your Account you must complete the Registration Form. You agree to provide details when you register are accurate and complete and to notify the Help Desk via email of any changes in your details in particular to the Authorised Users. Expert Lectures Limited has the discretion to refuse any application to register or any amendment to the Authorised Users.
2.2 The details you provide will be held on secured servers and used to provide the Service to you. Your details will not be supplied to any other third parties except where required by law or as necessary to provide the Service. We may from time to time use your details to provide you with information about the Service and other products and services which it provides. If you do not wish to receive this information please contact the Help Desk. For more information please read our Privacy Policy.
2.3 In order to operate your Account you will be required to povide a user name and password. You are responsible for the security and proper use of your Account, including all charges incurred. You must inform the Help Desk immediately if you have any reason to believe that your password may have become known to someone not authorised to use them. We reserve the right to change your password immediately should it be believed that there is a security risk or misuse of an account.
3. Provision of the Service
3.1. You will be provided with the Service in accordance with the terms and conditions of the Agreement.
3.2. The Service is accessed via the Internet. You are responsible for the provision of and payment for the telecommunications services plus a suitable computer, browser, modem and any other items of hardware, software or communications equipment necessary to enable you to access the Service and receive the training modules. Refunds will not be made against these charges or accept responsibility for any delay or inability to access any part of the Service or the Presentations due to any faults of, or your means of access to, the Internet or your reception of the Service and the training modules.
3.3 We cannot guarantee the performance of the internet, that the Service will never be faulty or that it will be available at all times but all reasonable steps will be taken to correct reported faults as soon as is reasonably possible. If you experience a fault it should be reported to the Help Desk. Any changes to the Service shall be communicated with as much notice as is reasonably practicable in the circumstances.
3.4 All training modules advertised on the Service are subject to availability and may be withdrawn, amended or replaced without notice. The whole Service may be withdrawn at any time without notice in exceptional circumstances.
4. Use of the Presentations
4.1. The Service enables you to access the training modules which are protected by copyright and other intellectual property rights and related rights (the "Rights"). Upon making a purchase of a training module, you are granted a licence to use on the following terms. Subject to 4.2 below and payment of the appropriate Fees, and unless indicated to the contrary on the Service, any training modules you access may be retained by you for the advertised period and viewed as many times as you wish provided it is used for your private and internal business use only (the "Approved Use"). All other Rights are reserved and the use of the training modules is not transferable.
4.2 We warrant and undertake to you that your use of the training modules in accordance with the terms of this Agreement shall not knowingly infringe the Rights of any third party. You must contact the Help Desk immediately if anyone makes or threatens to make a claim against you relating to your use of the training modules. You will comply with any reasonable request in relation to such, or any similar, claim.
5. Charges
5.1 You must pay the Fees due for the training modules which you order through your Account in accordance with this clause. Fees for any reason following confirmation of any order may change, for example due to supplier price increases, tax changes, site orders or any other reasonable expense.
5.2 Payment must be made either at the time of order by credit or debit card unless there is a n agreed group rate with you or your organisation. All online credit/debit card purchases are confirmed with an electronic invoice. If your Account is set up for a group rate you will be able to pay by cheque or bank transfer and you will be invoiced either electronically or by post. Each invoice will be payable to the terms set out on the invoice. Expert Lectures Limited may charge interest on any outstanding moneys due at a rate of 3 per cent above the HSBC Bank plc base rate from time to time in force calculated on a daily basis.
5.3 All Fees are quoted inclusive of value added tax which shall be payable by you.
6. Cancellations and Termination
6.1 In addition to any other rights we may have, we reserve the right to terminate your passwords and your Account immediately without notice if you: (a) breach any provision of this Agreement and fail to remedy that breach promptly upon notice; or (b) are made bankrupt, enter into liquidation or any arrangement or composition with your creditors or if a receiver or administrator or administrative receiver is appointed against any of your assets or business.
6.2 Once confirmed by the Help Desk, you may not cancel an order for training module unless the Service or the training module cannot otherwise be provided on the date advertised. Our only obligation shall be to refund any Fees paid.
6.3 If there is a delay by us in acting upon a breach of this Agreement by you, then delay will not be regarded as a waiver of the breach.
6.4 We reserve the right to vary or cancel a course where the occasion necessitates.
7. Liability
7.1. Whilst we will use all reasonable skill and care in the creation and supply of the Service and the training modules and the selection of its training suppliers, we do not give any warranty as to their suitability, accuracy or fitness for any purpose.
7.2 Subject to 7.3 and 7.4 We exclude all liability whether in contract, tort (including liability for negligence) or otherwise for the suitability, accuracy or fitness for any purpose of the service of the Service and any Presentations and limits it liability for any other liability under this Agreement to the Fee payable by you for the element of the Service or Presentations in dispute.
7.3 Subject to 7.4 We exclude all liability for loss of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatever.
7.4 We do not limit or exclude its liability for death or personal injury caused by its negligence or any other liability the limitation or exclusion of which is prohibited by law.
7.5 Save as expressly permitted in this Agreement, all warranties, conditions, or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
8. Indemnity
You agree to indemnify us against any claims or legal proceedings arising from any use by you of the Service and the training modules under this Agreement which are brought or threatened against us by another person, firm, company or organisation.
9. General
9.1 We may modify the Agreement at any time, such modifications becoming effective immediately upon either posting of the modified Agreement on the Service or notification to you.
9.2 You are not allowed to transfer or attempt to transfer this Agreement in whole or in part. You shall not re-sell or attempt to re-sell the Service (or any part or facility of it) or any Presentations to any other person. If such an act does occur you will remit all or any monies received immediately upon demand to us.
9.3 If we cannot perform its obligation under this Agreement because of circumstances beyond its reasonable control such as technical failure, severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind, we will not be liable for this.
9.4 Notices given under the Agreement may be given by us to you online through the Service or in writing to the address as currently stated in your Account details and by you to the Help Desk.
9.5 This Agreement is governed by English Law and you and we submit to the non-exclusive jurisdiction of the English courts.
