These terms and conditions apply between you, the User of this Learning Management System (LMS) (including any sub-domains, unless expressly excluded by their own terms and conditions), and Stephen Green and Associates Limited (SG&A), the owner and operator of this LMS. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the LMS. If you do not agree to be bound by these terms and conditions, you should stop using the LMS immediately.
In these terms and conditions, User or Users means any third party that accesses the LMS and is not either (i) employed by SG&A and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to SG&A and accessing the LMS in connection with the provision of such services.
You must be at least 18 years of age to use this LMS. By using the LMS and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
1. All Content included on the LMS, unless uploaded by Users, is the property of SG&A, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this LMS, including any such content uploaded by Users. By continuing to use the LMS you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
2. You may, for your own personal, non-commercial use only, do the following
a. retrieve, display and view the Content on a computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of SG&A.
4. You may not use the LMS for any of the following purposes:
a. in any way which causes, or may cause, damage to the LMS or interferes with any other person’s use or enjoyment of the LMS;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. When you register in a course, you get a license from us to view it via the LMS and no other use. The length of access to the course is detailed in the course description, SG&A grant the user an access license from point of purchase for the period indicated, except when we must disable the course because of legal or policy reasons. SG&A grants the user a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which the user has paid all required fees, solely for the users personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services.
7. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
8. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
9. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the LMS. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
11. If we have reason to believe that there is, or is likely to be any misuse of the LMS or breach of security, we may require you to change your password or suspend your account.
Links to other LMSs
12. This LMS may contain links to other sites. Unless expressly stated, these sites are not under the control of SG&A or that of our affiliates.
13. We assume no responsibility for the content of such LMSs and disclaim liability for any and all forms of loss or damage arising out of the use of them.
14. The inclusion of a link to another site on this LMS does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the LMS and disclaimers
16. Any online facilities, tools, services or information that SG&A makes available through the LMS (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. SG&A is under no obligation to update information on the LMS. Training material is accurate in line with the legislation at the time of writing.
17. SG&A may make improvements to and/or changes to this site at any time. Information received on or through these sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
18. Whilst SG&A uses reasonable endeavors to ensure that the LMS is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
19. SG&A accepts no liability for any disruption or non-availability of the LMS.
20. SG&A reserves the right to alter, suspend or discontinue any part (or the whole of) the LMS including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the LMS unless it is expressly stated otherwise.
Limitation of liability
21. 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.
22. To the extent that the LMS and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
23. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
24. To the maximum extent permitted by law, SG&A accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
Payment, Credit & Refunds
25. You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment.
26. Refunds are issued under the terms of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
27. Refunds will not be made where you have started and completed more than 10% of the course.
28. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion.
29. To request a refund under the terms of the 2013 act, contact SG&A in writing at our registered address or by email to email@example.com
30. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
31. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the LMS from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
33. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
34. 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 and conditions will not be affected.
35. 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.
36. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Stephen Green and Associates Limited is a company incorporated in England and Wales with registered number 6547749 whose registered address is The Mews, Snetterton Business Park, Norfolk, NR16 2JU and it operates the LMS. The registered VAT number is 928 0609 18. You can contact SG&A by email on firstname.lastname@example.org