©TrainingToolz Ltd - Company registration number: 10580920
1. WHO ARE WE
1.1 Who we are. We are Training Toolz Limited (the "Company" or "we" or "us") and we own, operate and maintain OnlineTrainerPro , the online service which enables our customers to create their own training modules and share them online. We are a company registered in England under company number 10580920. Our address is 11 The Shambles, Wetherby, West Yorkshire, England, LS22 6NG. [Our registered VAT number is 264 7576 66.]
2. THESE TERMS
2.1 What these terms and conditions cover. These are the terms and conditions on which we allow people ( “Candidates” ) to completing training modules ( “Training Modules” ) created by our customers ( “Users” ) using the website at www.onlinetrainerpro.com and it's aliases(the “Sites”) and the online service provided through the Sites (together “OnlineTrainerPro” ). For the terms and conditions which apply to Users, please see our User Terms and Conditions at https://www.onlinetrainerpro.com/terms_and_conditions
2.2 Why you should read them. We strongly recommend you read these terms and conditions carefully before complete a Training Module. These terms and conditions, together with the documents referred to in them, (the “Terms”) govern the contract between you and us. They tell you who we are, how we provide you with access to complete Training Modules, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, then please contact us.
3. GETTING IN TOUCH
3.1 How to contact us. You can contact us by telephoning our customer service team. To contact us, please see our ‘Contact Us’ information at https://www.onlinetrainerpro.com/contact
3.2 How we may contact you. If a User provides us with your email address and invites you to complete a Training Module, we will contact you by email for the purposes of competing the Training Module.
4. OUR CONTRACT WITH YOU
4.1 The Terms These terms and conditions and the documents referred to in them (together the “Terms” ) shall govern the contract between us and you in relation to your use of OnlineTrainerPro. You should print a copy of the Terms for future reference.
4.2 Your agreement to the Terms By accessing a Training Module, you agree to be bound these Terms. By accessing a Training Module, you confirm that you have read, accept and agree to be bound by the Terms. If you do not agree with any of the Terms, you should not continue to access the Training Module.
4.3 Changes to the terms We may amend or change the Terms at any time. It is your responsibility review these terms each time you access any Training Module.
5. TRAINING MODULES
5.1 Access to Training Modules. When you are invited by a User to complete a Training Module, you will be provided with a link through to OnlineTrainerPro, where you can complete the Training Module. If you do not comply with these Terms, we reserve the right to limit your access to any Training Modules.
5.2 Responsibility for Training Modules. Each Training Module is created by our Users, and they are responsible for all of the content of the Training Module.
5.3 Responsibility for Invitations Each User is responsible for the invitations to the Training Modules that it creates. When a User signs up to use OnlineTrainerPro, they confirm that they have an existing relationship with you, and Users are not permitted to use OnlineTrainerPro to send unsolicited communications.
5.4 Contact us if you have any problems or concerns. If you have any problems or concerns with the contents of any Training Module, or if you receive an invitation from a User you do not know, or who you have not allowed to contact you, please let us know, using the contact details in section 2.2 above.
5.5 Responsibility for your responses. You are responsible for your responses to any Training Module.
6. YOUR USE OF OnlineTrainerPro
6.1 Acceptable Use OnlineTrainerPro is an online service which enables Users to create Training Modules and Candidates to complete them. It is intended as a training tool and may only be used as such.
6.2 Unacceptable Use. You may not use OnlineTrainerPro: (i) to send any unsolicited marketing or other unsolicited correspondence; (ii) to spam, phish, pharm, pretext, spider, crawl, or scrape; (iii) for any unlawful purpose; (iv) to solicit others to perform or participate in any unlawful acts; (v) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (vi) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vii) to threaten, harass, abuse, insult, harm, defame, slander, disparage, intimidate, invade another’s privacy or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (viii) to submit false or misleading information; (ix) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of OnlineTrainerPro, any related website, other websites, or the Internet; (x) to collect or track the personal information of others; (xi) for any obscene, vulgar or immoral purpose; (xii) to interfere with or circumvent the security features of the OnlineTrainerPro, any related website, other websites, or the Internet; or (xiii) in any way which (a) is fraudulent, inaccurate, incomplete or misleading; (b) interferes with or disrupts OnlineTrainerPro or any servers or networks connected to OnlineTrainerPro or other users of OnlineTrainerPro; (c) causes OnlineTrainerPro , any related website, other websites, or the Internet to be affected by any viruses or trojan horses or in any other way that may damage, surreptitiously intercept or expropriate any information from them or their operation (d) results in any liability to the us or any other user of OnlineTrainerPro; or (e) causes us to lose the services of our internet service providers or other suppliers.
6.3 Consequences of Unacceptable Use. If you fail to comply with these Terms, we reserve the limit your access to any Training Module, without notice.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 We and our third party providers and licensors retain all rights, title and interest in and to the software, code, proprietary methods and systems used to provide OnlineTrainerPro (our “Technology” ), the content of our websites (the “Content” ) and the contents of any Training Module (the “User Content” ). All copyright and other intellectual property rights in the Technology, the Content and the User Content will remain our property and/or that of our licensors and will remain vested with us and/or our licensors. Except to the extent expressly provided in the Terms, nothing in the Terms or on the Sites grants you any licence or right to or authorisation to use such intellectual property rights except for the purposes required to complete the Training Module.
7.2 You shall not copy, reproduce, sell, offer for sale, reproduce, republish, post, transmit, redistribute, modify, reverse engineer, decompile, disassemble or attempt to derive the source code of our Technology or the Content or any User Content without our prior written consent or, in respect of User Content, the prior written consent of the relevant User.
7.3 By sending you an invitation on behalf of a User, we grant you a non-exclusive, non-transferable licence to use OnlineTrainerPro, the Technology, the Content and the User Content solely to the extent required for you to complete the Training Module in accordance with these Terms.
7.4 You are responsible any content you upload, publish or distribute using OnlineTrainerPro ( “Your Content” ), include being responsible for obtaining any necessary licences for its use in accordance with these Terms.
7.5 By uploading Your Content, you grant us a licence to use that content for the purposes of complying with our obligations to you under these Terms, including a right to distribute Your Content to the User who created the Training Course (including their successors and assigns), and you represent and warrant that you have full licence to do so and are not infringing any copyright or and other intellectual property rights. You assume any legal or financial cost of infringing any third party intellectual property rights and agree to indemnify us and our Users in full against any costs, damages, losses and expenses we might incur as a result of your actions.
7.6 If we receive a complaint of copyright or other intellectual property infringement relating to Your Content, we may request you remove the content immediately. If you fail to do so, we may limit your access to complete any Training Module and delete the relevant content.
8. LIMITING ACCESS AND DELETION OF YOUR CONTENT
8.1 Our Rights We reserve the right to limit your access to complete a Training Module or delete Your Content at any time at our sole discretion and for any reason including, but not exclusively, if you are in breach of the Terms.
8.2 You Rights You are under no obligation to access OnlineTrainerPro or complete any Training Module. You may request that we delete any of Your Content at any time [by contacting us using the details in paragraph 2.2] and we will process that request as soon as possible, usually within seven days of receipt of your request.
8.3 Continuing obligations and liabilities Any obligations or liabilities that have arisen or been incurred before you Your Content has been deleted, at your request, shall survive and remain enforceable despite such request.
9.1 OnlineTrainerPro is not designed to meet any person’s individual requirements and you are fully responsible for determining whether OnlineTrainerPro is: (a) sufficient and appropriate for your specific purposes; and (b) compatible with your computer hardware and devices.
9.2 We are not responsible for any User Content, responsibility and liability for which remains with the relevant User. If you have any problems, concerns or complaints relating to any User Content, please contact the relevant User directly.
10. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 If you are a consumer we only provide you with access to OnlineTrainerPro for to you for domestic and private use. If you use the products for any commercial or business purpose, our liability to you will be limited as set out in section 14.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS USER
11.1 All terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
11.2 We are not liable for any defect or failure arising from your use of OnlineTrainerPro, incompatibility of your equipment, your failure to follow instructions to access OnlineTrainerPro, or any misuse or alteration of OnlineTrainerPro whatsoever.
11.3 We do not warrant that the Sites or your access to OnlineTrainerPro will be uninterrupted, secure or error free or that the Sites or OnlineTrainerPro will be free of viruses or other harmful components.
11.4 Other than as expressly set out in these Terms we give no representations or warranties, either expressly or by implication. This includes (without limit) any warranties in respect of accuracy, completeness, currentness, timeliness, merchantability or fitness for a particular purpose. No warranty is given that your use of the Sites or OnlineTrainerPro will not infringe the rights of a third party.
11.5 We do not accept any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of materials or data, waste of management or office time or for any indirect or consequential loss or damage of any kind, however such losses arise and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.6 Subject to section 11:
11.6.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
11.6.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Subscription Fees paid by you in the six months before the cause of action arose.
12. EXCLUSIONS ON THE LIMIT OR OUR LIABILITY
12.1 Notwithstanding any other provision these Terms, we do not exclude or limit our liability for:
12.1.1 death or personal injury caused by our negligence;
12.1.2 fraud or fraudulent misrepresentation;
12.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
12.1.4 any matter for which it would be illegal to exclude, or attempt to exclude, liability.
13. YOUR LIABILITY TO US
13.1 In the event that your use of OnlineTrainerPro is in breach of these Terms and results in us facing any claim, dispute, complaint or other action from any third party resulting from our relating to your use of OnlineTrainerPro, you agree to assume any legal or financial costs and agree to indemnify us for any costs, damages, losses and expenses that we might incur as a result.
14. PERSONAL INFORMATION
14.2 By uploading any third party personal information, you represent and warrant that you have appropriate authority to use that information for the purposes for which it has been uploaded, and that the information that you have uploaded is complete and accurate to the best of your knowledge.
14.3 In relation to all personal information that you upload, you acknowledge and accept that you are the data controller and we are the data processor.
15. OTHER IMPORTANT TERMS
15.1 Written Communication. Applicable laws require that some of the information or communications we send to you should be in writing. When using OnlineTrainerPro, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect any statutory rights.
15.2 Notices. All notices given by you to us must be sent to Training Toolz Limited at 11 The Shambles, Wetherby, West Yorkshire, England, LS22 6NG. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 10. Notice will be deemed to have been received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. To prove service of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent from our server to the specified, supplied email address of the addressee.
15.3 Transferring our rights and obligations. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to request that we delete any or all of Your Data before the changes take effect.
15.4 Transferring your rights and obligations. You may not transfer, assign, charge or otherwise dispose of any rights or obligations which arise under these Terms unless we agree to this in writing.
15.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.6 Events outside our control. We shall have no liability to you if we cannot provide you with access to the Sites, OnlineTrainerPro or any aspect of the services, for any delay in doing so, or for any defect that is caused by any event or circumstance which is beyond our reasonable control such as, without limit, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
15.7 Even if we delay in enforcing this contract, we can still enforce it later If we fail, at any time to insist that you perform any of your obligations under these Terms, or if we do not enforce any of the our rights against you, or we delay in doing so that will not mean we have waived our rights against you and will not mean you do not have to comply with those obligations.
15.8 If a court finds part of this contract illegal, the rest will continue in force. Each paragraph of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs remain in full force and effect.
15.9 Which laws apply to this contract. These terms and any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English law.
15.10 Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, we agree to undergo a process of dispute resolution using the European Commission’s online dispute resolution (“ODR”) platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. You and we will have to agree to a dispute resolution body based in the United Kingdom to handle your complaint.
15.11 Where you may bring legal proceedings if you are a consumer. If we are unable to resolve any dispute with you through the ODR process, the courts in the United Kingdom shall have jurisdiction to settle any dispute or claim arising out of or in connection with the contract between us.
15.12 Where you may bring legal proceedings if you are a business user. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract between us.