Legal Statements Governing all HRD Online Training System Users

INCORPORATION

The client is responsibile for reviewing these statements before placing an order. The act of order placement consummated by system access automatically incorporates in law, and in full without condition or exception, the following legally binding statements. For the avoidance of doubt these statements are also present on the system landing page of all user licences.

DEFINITIONS

"THRDGL" means - The HRD Group Limited, based and registered in England.

"Users" means all persons accessing this system using a uniquely authorized licence. If an individual accesses the system without a personal licence issued to them for that purpose then such access is illegal. Users of the system include THRDGL staff, partners and their representatives, client sponsors and their employees, approved trainers and assessors.

"Partners" means THRDGL UK and global representatives who have contracted rights to market the system, sell user licences and system program registrations, and provide client and user support services - in either a specified region, or for specified products. These rights also include the adoption of trading identities agreed between THRDGL and the partner.

"the system" means the system resident on servers in London under the THRDGL owned IP address of www.hrd-online.com and accessed via a unique user logon identity.

"Materials" means the system's ebriefings, eprogrammes and software program code, and any supporting code; the system's descriptions and user guides, text, layout and presentation, logos, images, icons, photos, site and eprogramme banners and all other artwork; together with partner's written advice, marketing information, blended learning materials and information on their organisation, partners and representatives; together with all materials contained on any of THRDGL's websites and partner's websites.

"Client" means a person who places an order for a licence or licences to the system either for themselves, or on behalf of their organisation, either directly with THRDGL, or indirectly with a THRDGL partner.

COPYRIGHT

All of the material is copyrighted. No part of the material may be copied, reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronically, mechanically, photographed, photocopied, recorded, handwritten, or in any other way retained for use independent of that authorised for personal study.

NO authority is given to anyone to modify, reproduce, publicize, publicly display or distribute any material, or authorised prints of any material, whether for their use, or any commercial use, or competing purpose, or to any third party. Equally the material must not be used for the development, production of or marketing of a competing learning program, or learning process, or for any other act, commercial or otherwise, which infringes this copyright.

TERMS AND CONDITIONS

1. Once a user licence has been created on the system in accord with a Course, ILM qualification or Portal Plan order, the client will be notified and invoiced.

2. All invoices are due for payment within 14 days of the invoice date.

3. In the case of Extended and Advanced Port Plans the client is to arrange payment via a monthly Standing Order for the period of the order.

4. Licences issued or programs registered for that licence are for the named individual user's use only and the user must not permit any other person to use their licence, or access their program. The principle of one user - one licence must be strictly adhered to.

5. Audit checks are in place to monitor the adherence of this principle and failure to comply with this contracted condition will render the client's organisation as untrustworthy and this will automatically result in the suspension of all its user licences pending a full investigation and reconciliation.

6. If evidence exists that indicates a client's user is in breach of clause four then rectification must be made and compensation paid or the client's organisation will be judged to have cancelled the order by default on its obligation.

7. All Portal Plans are automatically renewed unless the client serves a non-renewal notice in writing no later than 3 months before the Plans expiry date. If no such written notice is received the client's organisation will be liable for the extended period of one year for a basic plan, three years for an extended plan, and five years for an advanced plan.

8. If a non-renewal notice is received then all the client's user licences and their system records will be deleted at the end of the contracted period. Once deleted they cannot be reinstated. It is the client's responsibility to produce any required reports and download any required data from the system before the contracted period expires.

9. If any payment due is not received in accordance with the above terms then all the client's users will be denied access to the system's learning resources and access will not be reinstated until all monies due have been paid in full.

10. If the client's organisation makes repeated payment transgressions then they will be judged to have cancelled the order by default on its obligation and clause 11 will be implemented.

11. If an order cancellation is served then access to all client user licences will be immediately suspended pending the imminent deletion of the client user's system records, once effected user records cannot be retrieved.

12. The act of order cancellation will render the client's organisation liable for the payment of any money due to be fully compliant with their order, and such payment owed will be immediately paid and will accrue interest at 3% above the Bank of England's bank rate until it is paid.

13. Any references or testimonials that are provided may be included on the system, or our websites, or in our marketing materials, at our discretion. In such instances usage will be to the credit of the originating client organisation.

LIMITED LIABILITY

1. The system's owners, staff, administrators, or partners shall not be liable for any consequence arising from failure, or delay, in the performance of any of their obligations, or duties, or support expectations to users of the system.

2. The system's owners, staff, administrators, or partners do not accept any responsibility for the materials they have authored or made available by third parties.

3. All our website's and system's material, together with any suggestions, recommendations, opinions, instructions or any other communication made, both oral and written, directly or indirectly, is offered to users in good faith. No condition, warranty or representation, expressed or implied, is given as to its validity or to the results obtained. It is the sole responsibility of the client organisation or individual user for the adoption to their needs, circumstances and operating environment.

4. User licences to the system and program registrations are sold on the basis that tutor support is not provided, either for the elearning material or system usage, whether by email, telephone, face-to-face, or any other means, unless separate terms and conditions have been contractually agreed for this provision.

5. All rights and powers not expressly granted to the client herein are expressly reserved by THRDGL.

6. If any provision of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall be in no way affected or impaired.

7. The enforcement of these legal statements is governed by English Law. In the event of dispute all parties hereby agree to submit to the jurisdiction of the English Courts.

PRIVACY STATEMENT

We respect the privacy of system users. The system's owners, staff, administrators, or partners will not capture and store any personal information about individuals who access this system, except where it is voluntarily given. The personal data you provide will be used exclusively for providing you, and your authorized management, with the information you have requested, or the learning support you need.

We will not pass any of your personal data to outside organisations and/or individuals unless they are specifically engaged to deliver the learning service you require.