Terms and Conditions for the Sale of Services/Products
- Application
These Terms set out the legal terms and conditions that will govern our provision of services to you. You should understand that by placing an order with us, you agree to be bound by these Terms.
By using the Educare Website, you also agree to be bound by the Website Terms of Use. Further information about the service can be found at https://www.educare.co.uk/sla
- Who EduCare are
EduCare is a trading name of Tes Global Limited, a company registered in England (No. 02017289) whose registered office is 26 Red Lion Square, London WC1R 4HQ
- Terminology (Definitions and Interpretation)
In these Terms, except where the context otherwise requires:
“Contract” means the contract between us to provide our Services to you, on these Terms, once the Confirmation is sent to you.
“Contract Details Order Form” means the form set out on the first page of this document and which includes information such as services/products purchased, the start date and fee to be paid.
“Contract Start Date” means the date as stated in the Contract Details Order Form.
“Customer” (also ‘you’, ‘your’) means you as the party who purchases one or more of our Services.
“Fees” means the VAT exclusive element of the fees for the Services (as applicable).
“Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including
all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Learning Platform” means the online resource whereby you can access our Services electronically.
“Services” means any and all e-learning course materials, reports, certificates, badges and other online resources provided to you as a part of your Licence.
“Terms” means these terms, together with our P rivacy Policy and Standard Terms
a nd Conditions for the purchase of products and services from TES Global Limited which we advise you to read carefully before purchasing a Licence. In the event of any conflict between terms, the terms of this Contract shall prevail.
“Website” means the website at www.educare.co.uk where you can choose to purchase an e-learning course and (where applicable) be redirected to the Learning Platform.
- The Subscription Licence
4.1 You will receive a Licence to access EduCare’s Learning Platform, whereby You can access the e-learning Services (The Licence).
4.2 The Licence period commences from the contract start date as stated on the Contract Details Order Form and is valid for a year (the Term).
4.3 If You are purchasing in the capacity of an individual for purposes that are wholly or mainly outside of your trade, business, or profession, you may cancel an order up to 14 calendar days from the contract start date and before such Services are accessed. In the event of this cancellation, we may charge a cancellation fee of 25% of the total order value.
4.4 The Licence is provided on a worldwide, non-exclusive basis only to the Customer as named on the Contract Details Order Form. Use of the Services under the subscription licence is restricted to employees directly employed by the Customer, individuals associated with the Customer, clients of the Customer (being those businesses which pay a management fee to the Customer for the provision of the Customer's services) and employees and other individuals directly associated with clients of the Customer.
- Subscription Licence renewal
5.1 The Licence is normally valid for one calendar year and shall automatically renew, unless the Customer notifies EduCare in writing of their intention not to renew their subscription licence for another year at any time prior to 30 days (the cancellation deadline date) before the annual renewal date.
5.2 Once the cancellation deadline date has passed (ie. less than 30 days prior to the annual renewal date), an invoice will be issued and the Customer will be liable for the next full year’s subscription Licence fee.
5.3 Fees are subject to alteration. When Services are renewed, we will notify you of any such proposed change 45 days prior to the annual renewal date of the Service. If you do not wish to accept the change to the Fees then you can terminate the Service in accordance with clause 12 or the increase will be deemed to be accepted.
- Payment
6.1 Payment of the Fees set out in the attached Contract Details Order Form shall be made in full within 30 days of the date of the invoice issued by TES Global or paid monthly or quarterly in advance as outlined on the Contract Details Order Form.
6.2 Payments which become due under these Terms and which are not made in full or are not made by the relevant payment date shall be subject to the provisions of clause 7.3 of the Standard Terms and Conditions for the Purchase of Products and Services.
6.3 We may charge additional Fees for our Services where these Services have been requested by you and agreed with you.
- How we use your information
7.1 We process information about individuals in accordance with our P rivacy Policy. Please refer to the policy on our website for information on how personal information will be handled and processed by us. By using our services or website you consent to such processing and you promise that all personal and other data provided by you is accurate
7.2 The Data Processing Agreement that is applicable to these Terms and the Services and which you agree to be bound by can be found at
https://www.educare.co.uk/dataprocessingagreement
- Our right to vary these Terms
8.1 We reserve the right to make changes to these Terms. We may need to do this at any time and without prior notice to you. Please check these Terms regularly to take notice of any changes made. Your continued use of our Services after changes are made constitutes acceptance of these Terms as modified.
- Intellectual property rights including copyright restrictions
9.1 We are the owner or the licensee of all Intellectual Property Rights in the content of our Services. No part of the website, Learning Platform or Services including content, information, documents, logos, names, audio, video or icons may be copied, posted, broadcast, republished or reproduced in any format whatsoever without the prior written permission of the copyright holders.
9.2 We make reference to both internal (EduCare) and external (non-EduCare) websites and sources. These sources will most often be free to access, but users may sometimes be asked to register or subscribe in order to view content. External links and sources are selected and reviewed when the page is published. However, EduCare is not responsible for the content of external websites.
9.3 We may link to external websites which also offer commercial services, such as online purchases. The inclusion of a link to an external website from EduCare should not be understood to be an endorsement of that website or the site's owners (or their products/services).
- Compatibility of Services
10.1 View the technical specifications required to use the Learning Platform or telephone our Customer Services team. To the extent permitted by law, we accept no responsibility or liability for your failure to use all or part of the Learning Platform due to your computer system not meeting the specifications required to utilise the Services. We are under no obligation to provide the Services by an alternative means if your system does not meet the specifications required to utilise the Services.
- Warranty
11.1 You acknowledge and agree that the Services operate as a guide for business training purposes only. As such, to the extent permitted by law, we accept no liability of any nature whatsoever if, following the use of our Services, a situation occurs giving you (or any of your users) the opportunity to apply the skills taught during the use of our Services, but notwithstanding such training, loss or damage is sustained by you (or any of your users).
11.2 We shall use our reasonable endeavours to ensure that the descriptions and content that comprise our Services are current. However, we do not give any warranty as to the accuracy of any such information or its suitability for any purpose for which you may wish to purchase, or otherwise.
11.3 The nature of the Services are that they will need to be updated and revised from time to time. Some e-learning courses will be refreshed and others may be discontinued or replaced as necessary. We will endeavour to inform you in advance of changes and replacement or alternative e-learning courses that are available.
- Unlimited access and fair usage
12.1 The EduCare for Education product is for every adult working in that educational establishment as required for genuine use in the course of their duties. Customers are prohibited from re-selling or granting access to anyone outside of the educational establishment. EduCare reserves the right to limit or deny access to users found to be in breach of these Terms.
- Cancellation
13.1 A Customer will not be able to cancel an order once the Services have been accessed or the Contract Details Order Form has been signed.
13.2 If the Customer does not access the Services during the Term, we reserve the right to withdraw your access to such Services. You will not receive a refund if the order is cancelled as described in this clause.
13.3 The Services will be deemed to have been accessed when the relevant e-learning course is commenced or any supporting materials are loaded or viewed by a person utilising your account.
- Ordering a Service through our website
14.1 Customers may place an order with us through our website in relation to the Services sold on our website.
- Expiry of the Service
15.1 Customers have 12 months to complete an e-learning course from Confirmation. We will not be obligated to commence or continue provision of the Service if the Customer fails to complete the e-learning course within 12 months.
- Termination
16.1 We have the right to terminate this Licence: (i) for convenience at any time on giving the Customer not less than thirty (30) days’ prior written notice of termination; or (ii) with immediate effect in the event that the Customer is in material breach which shall include, but not be limited to non-payment of this Licence or an insolvency event.
16.2 If We terminate this Licence for convenience we shall refund a proportion of any Fees paid by the Customer to reflect the remaining portion of the Licence term on a pro rata basis, for each full month of the unexpired term.
16.3 In the event that We terminate this Licence for the Customer’s material breach, all amounts then outstanding and owed to Us by the Customer shall become payable forthwith including any monthly or quarterly payments outstanding at the date of termination, and all other monies payable by the Customer in respect of the remainder of the unexpired term.
- General
17.1 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms where we reasonably believe your rights will not be affected.
17.2 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Sales Terms.
17.3 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
17.4 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
17.5 These Terms will be governed by and interpreted according to English law. All disputes arising under these Terms will be subject to the non-exclusive jurisdiction of the English courts.
PLEASE ENSURE THAT YOU HAVE READ AND FULLY UNDERSTOOD THE STANDARD TERMS AND CONDITIONS FOR THE PURCHASE OF PRODUCTS AND SERVICES AS (SAVE FOR THE EXCLUDED PROVISIONS REFERENCED HEREIN) THESE WILL GOVERN THE AGREEMENT BETWEEN YOU AND TES GLOBAL TO THE EXTENT NOT SET OUT ABOVE. IN PARTICULAR YOUR ATTENTION IS DRAWN TO CLAUSE 10 (OBLIGATIONS OF CUSTOMER) AND CLAUSE 13 (INDEMNITY) AND THE EXCLUSIONS RELATING TO TES GLOBAL’S LIABILITY SET OUT AT CLAUSE 14.
