Web Service Terms of Use: Licensing Connect Limited®
Terms of use for web services
The terms and conditions under which subscribers use the site.
1. Introduction
1.1 Note the disclaimer in paragraph 7 and the limitation on liability in paragraph 8.
1.2 If you would like to use any of our material in a way not covered by these terms, please contact us.
2. Definitions
- You or Your - The person or organisation (including its subsidiaries) entering into this agreement with us by accepting these terms.
- Us, We, or Our - Licensing Connect Limited
- Services - Material relating to a Service or services on our website or sent to you by e-mail or by any other means. Service includes any ancillary software and or information supplied by us.
- Subscription Fee - The Subscription Fee for any Service as specified in the invoice for it.
- User Content - Includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Service by you.
- Feedback - you provide ideas, suggestions, or other feedback in connection with the use of the Service or any User Content.
3. Authority
3.1 We authorise you to use each Service for which you pay us a Subscription Fee.
3.2 This authority extends to everyone you authorise under this agreement. You may so authorise any member of your organisation provided their principal place of work is one of your organisation’s sites and for which a Subscription Fee has been paid for that specific site.
3.3 This authority starts when you enter into this agreement and ends (a) if the Subscription Fee period expires without you agreeing to renew this agreement on the terms and the Subscription Fee then applying; or (b) if this agreement is terminated under paragraph 9.
3.4 The Subscription Fee period is specified in the Subscription Fee invoice and by Paying the Subscription Fee, you acknowledge and agree to these Terms of Use and User Guidelines.
4. Terms of use of the Service
4.1 You may:
4.1.1 Search, view, copy and print out material from the Service for your own use;
4.1.2 Make copies and print outs of such material available to others, including responsible authorities, if you reasonably believe they are themselves authorised by us to use those materials. (If in doubt, contact us to confirm or to obtain permission: for the avoidance of doubt, every premises shall require its own Subscription and there can be no sharing of the Service with other premises.)
4.1.3 Bookmark or link to any part of the Service;
4.1.4 Access the Service while away from your principal place of work, but may not use the Service for another premises or other business.
5. Your Obligations
5.1 You will take reasonable steps to ensure that those you have authorised under sub-paragraph 3.2 above comply with the terms of use of the Service in paragraph 4 above and do not: copy, print out or otherwise reproduce any part of the Service, except as permitted under this agreement or authorised by us in writing;
5.1.2 make any part of the Service available to anyone outside the principal place of work (premises), except as permitted under this agreement or authorised by us in writing;
5.1.3 alter any part of the Service;
5.1.4 assign or otherwise dispose of your or our rights under this agreement.
5.2 You will take reasonable steps to ensure that nobody accesses the Service using accounts created with your Username and Password, except those who have been authorised by you under sub-paragraph 3.2 above.
5.3 You will confirm to us at the date of this agreement and every renewal, the number of workers who are working at your principal place of work (premises).
5.4 You will not contest our Intellectual Property rights in the Service.
5.5 Licensing Connect® websites and services are the copyright of Licensing Connect Limited (Licensing Connect®).
5.6 All Intellectual Property rights in the design, including use (including software) and layout of the websites and the materials and information published on our pages belong to and are vested in Licensing Connect or its licensors.
5.7 You may not copy any part of these websites, design, software or otherwise do anything in relation to any part of these websites other than the following:
(a) You may print off one copy and may download extracts of any pages from these websites for your personal and non-commercial use only.
(b) In material issued to third parties you may only quote from these websites provided that such quote is not used in a misleading context and that you give due credit to Licensing Connect and non-commercial use only.
5.8 You may not otherwise use or reproduce any of these websites, use (including software) or the materials contained within them in any manner other than those listed above without first obtaining the prior written permission of Licensing Connect who remain the copyright owner.
5.9 Any images that appear on these websites with an acknowledgement to any licensed material include restrictions on downloading such material for other than personal use, and prohibit republication, retransmission, reproduction or other use of such licensed material.
5.10 You are responsible for configuring your information technology, computer programmes and platform in order to access the Service. Notwithstanding sub-paragraph 6.2 below, you should use your own virus protection software.
6. Our Obligations
6.1 We warrant that you will not infringe any third party rights by using the Service and we will indemnify you against costs or expenses you may incur as a result of any claim that the use by you of the Service infringes any third party rights, provided you notify us within a reasonable time of any such claim being made.
6.2 We will take reasonable steps to ensure that software and data files we supply to you as part of the Service are virus-free.
6.3 We will take reasonable steps to ensure that the Service is continuous and that access to our website is not interrupted for more than 5 working days in any one-month period by any event in our control.
6.4 Except for any Cyber-Extortion, Ransomware Event, Fraud, and Third Party System Failure, and those matters referred to in sub-paragraph 6.5, we will reimburse your Subscription Fee pro-rata for any excessive interruption under sub-paragraph 6.3 above or if all or any significant part of the Service is discontinued.
6.5 We aim to provide the highest possible degree of operating stability but we are not responsible for any breakdown caused by factors beyond our control. Such breakdown includes but is not limited to power failures, errors occurring in modem equipment, ADSL connections, telecommunications connections or the like. In all events, we will aim to re-establish normal operations as quickly as possible.
6.6 The third-party systems include but are not limited to Highfield e-learning Ltd, which is a company registered in England.
6.7 We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.
7. Disclaimer
We give you no warranty or assurance, except as set out in paragraph 6 above. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law. You should note in particular:
7.1 The Service is not intended to constitute a definitive or complete statement of the law on any subject.
7.2 The Service is not intended to constitute legal advice in any specific situation.
7.3 The Service includes archived information and resources, which may be incorrect or out of date.
7.4 The Service and our means of delivering it may be incompatible with your software or computer configuration. Neither us nor any owners of content warrants that the Service or content is free of malware or other harmful components.
7.5 We may change, modify the feature and content and/or withdraw part or all of any Service at our discretion and for any reason.
7.6 The Government services and other providers have their own terms and conditions and privacy policies and if you go to another website from us, you ought to read the privacy policy on that website to find out what it does with your information.
7.7 We makes no representation regarding, nor do we warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any service, including government services i.e. the right to work checks, or the Security Industry Authority licence checks and or information provided or offered by a third party on or through the Service or any hyperlinked website; and we are not responsible for any transactions, information or other third party service between you and any third-party providers of the foregoing.
7.8 We may withdraw or suspend a Subscription, in whole or in part, at any time and for any reason. After such time, we shall not be obligated to maintain or permit any further access to such Subscription(s) and you will no longer be charged.
7.9 Unless otherwise indicated your Subscription(s) fee shall continue indefinitely until cancelled. You will be billed on a recurring basis on the first day of each billing period and you will pay and you authorise us (or the applicable third party, if you sign up through a third party) to charge your payment method the then-current Subscription Fee.
7.10 Translation - the online and web translation service provided by us, uses third party online translation services. These are machine-based translation services; the translation is not carried out by a professional translator. We do not guarantee the accuracy or sense of any given translation, and we do not accept any liability for any loss you may incur as a result of relying on the results of any translation carried out using this translation service: In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the translation services, and by using the translation services contained with the Licensing Connect platform and Service you accept this restriction on liability in full.
Please note: the translation displayed will be of the most common use of a word and it will not take into account the context in which the word is used which may consequently alter its meaning.
8. Liability
8.1 Our liability to you for any loss or damage is limited to damages of an amount equal to the Subscription Fee.
8.2 We have no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
8.3 Under this paragraph, our liability includes that of any company in our group and our and their respective agents, employees and sub-contractors, you includes any other party claiming through you and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Service, whether under this agreement or other agreement or in consequence of any mis-representation, mis-statement or tortious act or omission, including negligence.
8.4 This paragraph does not affect claims in respect of death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
9. Payments and cancellation
9.1 You may purchase a Subscription directly from us or through a third party either by:
- paying a Subscription Fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
- pre-payment - giving you access to the Service for a specific time period, normally annually ("Pre-Paid Period").
9.2 We may from time to time change the price for the Paid Subscription fees, including recurring subscription fees, and the Pre-Paid Period (for periods not yet paid), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use the Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
9.3 Tax rates are based on the rates applicable at the time of your monthly or Pre-Paid Period charge. Any change in Tax rate will be automatically applied based on the account information you provide.
9.4 We offer two main payment methods to pay for your chosen Subscription Plan: monthly or annual subscriptions; in both cases the renewal will be automatic after every payment period unless the Subscription is for a Pre-Paid Period.
9.5 All Subscription Plans require a 12-month commitment and if you wish to cancel your subscription you must give one month before the expiry of the Subscription (i.e. for subscriptions with yearly renewal term running from November to October, the termination notice must be received before the end of September). The agreement cannot be terminated for a period of Subscription already initiated and you will not be entitled to a refund for that Subscription Period, whether they pay monthly or annually.
9.6 You may terminate any subscription free of charge within two weeks from activating and or initiating the account and provided that you did not start using the Licensing Connect services.
10. Termination
10.1 This agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of your subscription, except as set out in paragraph 6 above.
10.2 Your payment to us or the third party through which you purchased the Paid Subscription Fee will automatically renew at the end of the applicable Subscription Period, unless you cancel your Paid Subscription before the end of the then-current Subscription Period. The cancellation will take effect the day after the last day of the current Subscription Period, and you will be downgraded to the free version of the Licensing Connect Service. We do not provide refunds or credits for any partial Subscription Periods, except as expressly stated in these Terms.
10.3 If you have purchased a Subscription your Subscription will automatically terminate at the end of the period stated, or when there is an insufficient pre-paid balance to pay for the Service.
10.4 On termination of this agreement in relation to any Service and subject to the exceptions in sub-paragraph 7.5, you will take reasonable steps to delete that Service and any part of it from your electronic media, including your intranet and electronic storage devices.
10.5 You are not required to delete any part of the Service which you are required in law to retain, but no further use may be made of such materials. For the avoidance of doubt: you are not required to delete or destroy training certificates, print-outs or copies from print-outs.
10.6 You may terminate any subscription free of charge within two weeks from activating and or initiating the account and provided that you did not start using the Licensing Connect services.
11. User Content
11.1 You are solely responsible for all User Content that you post.
11.2 You promise that, with respect to any User Content you post on the Service that:
(1) you own or have the right to post such User Content;
(2) such User Content, or its use by us pursuant to the licence granted below, does not:
- (i) violate these Terms, applicable law, or the Intellectual Property or other rights of any third party; or
- (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by us without the prior express written consent from us.
11.3 In posting or sharing User Content or other information as part of the User Content, please keep in mind that content and other information may become publicly accessible or be protected information under the Data Protection Act, if shared with others, including responsible authorities. They may be obligated to disclose User Content to others under and in accordance with the Freedom Of Information Act and/or civil disclosure, or the law, so please use caution in what you share on the Service, and be mindful of your account settings.
11.4 Consider restricting administration rights, so as to manage you data and information. We are not responsible for what you or others post, share or administrative rights given to others on the Service.
11.5 We reserve the right to remove or disable access to any User Content for any or no reason. We may take these actions without prior notification to you.
11.6 You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Service, we do need a limited licence from you to that User Content. Accordingly, you hereby grant to us a non-exclusive, royalty-free, fully paid, irrevocable, worldwide licence to use and analyse the User Content, for example but not exclusively to determine how many refusals entries there have been made by you and other users across the whole Service, and we may use User Context to improve our service to you, others and civil society: the User Content would be anonymised, and you will not be identified as the author of any Content.
11.7 We will not sell or rent your data to third parties, share your data with third parties for marketing purposes, you authorise us to use cookies for our commercial use and advertising messages tailored to you.
11.8 Our website uses a number of cookies. A cookie is a small file of letters and numbers that we put on your computer which are essential for the website to function properly, and which help to provide you with a better online experience. These cookies cannot be switched off and do not store any of your information.
11.9 We use "analytical" cookies, which allow us to recognise and count the number of users and to see how users move around the site when they are using it. This helps us to improve the way our website and service works, for example by ensuring that users are finding what they are looking for easily.
12. Feedback
12.1 If you provide ideas, suggestions, or other feedback in connection with your use of the Service or any Content, such Feedback is not confidential and may be used by us without restriction and without payment to you.
13. Assignment; Third Party Rights; Confidentiality; Entire Agreement; Governing Law
13.1 You may not assign this agreement without our consent in writing.
13.2 This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
13.3 Each party undertakes that it will not divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.
13.4 This agreement, the Subscription Fee invoice and the document(s) in which your organisation’s premises are specified and you confirm the number of workers for the purposes of sub-paragraph 5.3 above, constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.
13.5 This agreement is governed by English Law and you submit to the non-exclusive jurisdiction of the English courts.