Terms and Conditions for the Sale of Services

New rights for ‘Data Subjects’

Under the GDPR 2018, anyone who has data held by an organisation is a ‘data subject,’ and will have more rights regarding how their data is held, used and disposed of.

EduCare are updating our Terms and Conditions and Privacy Policy to comply with the GDPR and the new rights listed below.

  • The right to be informed - Data subjects must be told what personal data is being held, what it is being used for and why. 
  • The right of access - Data subjects are allowed to see what data of theirs is being processed upon request.  The need for care and professionalism in all record keeping whether digital or manual is vital as the subject could ask to see everything that is being held on them at any time.
  • The right of rectification - If personal data held by organisations is incorrect; they have an obligation to change it.
  • The right to erasure - Data subjects can demand that personal data held about them is erased where there is no compelling reason for its continued processing. 
  • The right to data portability - At the data subject’s request their data must be moved to another processor.
  • The right to object - If a data subject does not like the way their data is being used they can request that the use is stopped, and that must happen unless there is an overriding legitimate reason to continue using it.
  • Rights in relation to automated decision-making or profiling - Data subjects can demand that a human review any decision made by software alone.

Click here for more information on the GDPR and how EduCare processes and stores data.

Terms & Conditions of use

1. Application

These Sales 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 Sales Terms. Please understand that if you refuse to accept these Sales Terms, we will not be able to provide any services to you. These Sales Terms were last updated on: 20 September 2017.

By using our Website, you agree to be bound by our Website Terms of Use. Note that our Website Privacy Policy applies to personal data we collect through our Website.

2. Who EduCare are

We are EduCare Learning Ltd, a company registered in England (No. 01741045) and trading under the name ‘EduCare’, whose registered office and main trading office is at Crown House, 33 Warwick Street, Leamington Spa, Warwickshire, CV32 5JX, United Kingdom. We operate the website http://www.educare.co.uk. Our VAT registration number is 398 3384 00.

3. Terminology (Definitions and Interpretation)

In these Terms, except where the context otherwise requires:

“Charges” means the Fees plus any applicable VAT.

“Confirmation” means the confirmation of order that we send to you by email, the date of which is the commencement of the contract between us. This date is the date specified on the ‘Order Completion’ email.

“Contract” means the contract between us to provide our Services to you, on these Sales Terms, once the Confirmation is sent to you.

“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).

“Insolvent” means the Customer enters into any arrangement or composition with its creditors, commits any act of bankruptcy or (being a corporation) if an order is made or an effective resolution is passed for its winding up (except for the purposes of amalgamation or reconstruction), or if a petition is presented to court, or if a receiver and manager, receiver, administrative receiver or administrator is appointed in respect of the whole, or any part of, the Customers’ undertaking or assets or there are reasonable grounds for anticipating the occurrence of any of these events within the foreseeable future.

“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 Sales Terms, together with (as applicable) our Privacy Policy and Website Terms of Use, which we advise you to read carefully before purchasing a Licence.

“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.

4. How we use your information

We process information about individuals in accordance with our Privacy 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.

EduCare works with carefully selected third party suppliers to support and develop its systems. We have ensured that third-party suppliers are GDPR compliant (or working towards it by 25th May). Furthermore, these third-party suppliers have signed EduCare non-disclosure agreements to ensure all data is secure.

We will share your data with trusted suppliers to help deliver the service. We WILL NEVER pass your data onto a third party for marketing purposes.

5. Our right to vary these terms

We reserve the right to make changes to these Sales Terms to the extent it is operationally necessary or reasonable to do so. We may need to do this at any time and without prior notice to you. Please check these Sales Terms regularly to take notice of any changes made. Your continued use of our Services after changes are made constitutes acceptance of these Sales Terms as modified.

6. Intellectual property rights including copyright restrictions

We are the owner or the licensee of all Intellectual Property Rights in the content of our Services. No part of the Website 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.

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.

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).

7. Payment

All Fees for Customers based or registered in the UK exclude VAT (which will be charged at the prevailing rate in addition unless otherwise indicated) and are as set out on our Website or the quotation (if applicable), unless in cases of obvious error.

If we discover an error in the Charges, we will contact you in writing to inform you of this error and we will give you the option of either continuing to purchase the Service for the correct Charges or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.

Fees are subject to alteration. When Services are renewed, we will notify you of any such proposed change 30 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.

We may charge additional fees for our Services where these Services have been requested by you and agreed with you.

Unless otherwise agreed, we will raise our invoice and deliver it to you upon issuing of the Confirmation. You shall pay our invoice in full and in cleared funds and without deduction or set-off, within 30 days of the date of this invoice by BACS to the following account: Barclays Bank PLC, sort code: 20-48-08, account name: EduCare Learning Ltd; account number: 80322318 giving your business name for the payment reference or alternatively by debit/credit card or cheque delivered to the address on the invoice.

Without prejudice to any other right or remedy that we may have, if you do not pay us on the due date, we may charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Barclays Bank PLC, accruing on a daily basis, whether before or after any judgment and you shall pay such interest immediately on demand; and suspend the supply of all Services until payment has been made in full.

8. Compatibility of Services

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 computer system does not meet the specifications required to utilise the Services.

9. Warranty

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).

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.

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.

We, in providing the Services, will comply with all application laws, regulations, guidelines or industry code which may apply from time to time to the provision of the Services.

10. Free trials

30 day free trial accounts are designed to allow you access to our Services for the purpose of assessing the suitability of the Service for you or your organisation.

11. Licence agreements

A licence agreement offers the customer access to EduCare’s Learning Platform, whereby the customer can access their e-learning Services.

Licences are paid in advance. The licence period commences from the Confirmation of order.

Licences are provided on a worldwide, non-exclusive basis only to the Customer as named on the Order. Use of the Services under the 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.

This clause 11 applies to licences to our Services which are not described as ‘Commercial Licences’. Separate specific terms apply to Commercial Licences which may vary from licence to licence.

12. Licence renewal

Licences are normally valid for one calendar year from the Confirmation and renewed on a rolling annual basis, unless terminated in accordance with these terms:

The Customer notifies EduCare in writing of their intention not to renew their licence for another year at any time prior to 14 days (the cancellation deadline date) before the annual renewal date.

Once the cancellation deadline date has passed (ie. less than 14 days prior to the annual renewal date), an invoice will be issued and the Customer will be liable for the next full year’s licence fee.

13. Unlimited access and fair usage

EduCare for Education Unlimited Access is for every adult working in that educational establishment as required genuine use for their duties. Customers are prohibited from re-selling or granting access to anyone outside of the educational establishment. EduCare reserve the right to limit or deny access to users found to be in breach of these conditions.

14. Cancellation

A Customer will not be able to cancel an order once the Services have been accessed.

A Customer may cancel an order up to 28 calendar days from Confirmation of order and before such Services are accessed. In the event of this cancellation, we will charge a cancellation fee of 25% of the total order value. Cancellations received after 28 days from Confirmation of Order will be payable in full by the Customer.

All cancellations must be in writing to the address on the website.

If the Customer does not access the Services during the 12 months from Confirmation, we reserve the right to cancel the order and withdraw your access to such Services. You will not receive a refund if the order is cancelled as described in this paragraph.

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.

15. Ordering a Service through our website

Customers may place an order with us through our website in relation to the Services sold on our website. We will send a welcome email acknowledging your purchase, which constitutes the start of the contract between us to provide our Services to you.

16. Expiry of the Service

Customers have 12 months to complete an e-learning course from Confirmation. EduCare 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.

17. Force majeure

Neither the Customer nor the Service Provider shall be liable for any failure or delay in performing their obligations under these Sales Terms where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to Internet Service Provider failure, power failure, civil unrest, industrial action, fire, floods, storms, earthquakes, acts of war, acts of terrorism, governmental action, or any other event that is beyond the control of the party in question.

18. Termination for breach of insolvency

Either Party may terminate these Sales Terms forthwith if the other Party commits a material breach of these Sales Terms which has not been remedied after 28 days written notice of the breach (such notice expressly referring to possible termination of these Sales Terms).

We may terminate these Sales Terms forthwith if you become Insolvent.

19. Limitation of liability

19.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

19.2 To the maximum extent permitted by law (and subject to clause 19.1), we accept no liability for any of the following:

  1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  2. loss or corruption of any data, database or software;
  3. any special, indirect or consequential loss or damage.

20. General

You may not transfer any of your rights under these Sales Terms to any other person. We may transfer our rights under these Sales Terms where we reasonably believe your rights will not be affected.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Sales Terms and no third party will have any right to enforce or rely on any provision of these Sales Terms.

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 Sales Terms will not be affected.

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.

These Sales Terms will be governed by and interpreted according to English law. All disputes arising under these Sales Terms will be subject to the non-exclusive jurisdiction of the English courts.