Terms and conditions
These Terms will apply to any contract between us for the purchase of a Licence (Contract). Please read these Terms carefully and make sure that you understand them, before purchasing a Licence from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to purchase a Licence from us.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 22. Every time you wish to order a Licence, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20th October 2014.
1. Information about us
We operate the website www.skillboosters.com. We are Inclusive Learning Limited, a company registered in England and Wales under company number 7307267 and with our registered office at The Lodge South Park Fordcombe Road Penshurst Kent TN11 8EA. Our main trading address is Unit 4 The Enterprise Centre Rogue’s Hill Penshurst Kent TN11 8BG. Our VAT number is 993810878.
2.1 If you wish to contact us, for any reason, including because you have any complaints, you can:
(a) e-mail us at firstname.lastname@example.org; or
(b) contact our Customer Services Team by telephone on 0844 809 9115; or
(c) contact us by post at The Lodge South Park Fordcombe Road Penshurst Kent TN11 8EA
2.2 If we have to contact you, we will do so by e-mail or by pre-paid post via the address you provide to us and we confirm to you in writing.
3. Use of our site
Your use of our site is governed by our Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5.1 If you are a consumer, you may only purchase a Licence from our site if you are at least 18 years old.
5.2 If you are not a consumer you confirm that you have authority to bind any business on whose behalf you use our site to order a Licence.
6. How the contract is formed between you and us
6.1 The instructions on our online store page will guide you through the steps you need to take in order to purchase a Licence from us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 The Contract between us will be formed when you complete the order by clicking on the ‘Pay Now‘button. We will send you an e-mail confirming your order (Order Confirmation) and providing you with an authorisation code (Code).
6.3 Once you have received your Code you will be able to access the Course for the duration of the licence period (Licence Period).
6.4 If you do not complete your Course during the Licence Period, you will be required to purchase a new Licence.
7.1 If you are a consumer, you have a legal right to cancel a Contract without charge and without reason under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulations) within 14 days of the Contract being entered into (Cancellation Period).
7.2 This right does not apply in the case of digital content which is supplied to you or accessed by you during the Cancellation Period. The Courses listed on our site are digital media.
7.3 By clicking on the ‘Pay Now’ button you expressly consent to and request the supply of the Course during the Cancellation Period and acknowledge that you will, as a result, lose your right to cancel the Contract. We will confirm this to you in the Order Confirmation.
8. Grant of Licence
8.1 When you purchase a Licence from our site you purchase a non-exclusive, non-transferable time limited right to access and use the Course subject to these Terms during the Licence Period. We reserve all other rights.
8.2 The Course at all times belongs to us and title to and rights in the Course are not transferred to you by virtue of the Licence.
8.3 The rights granted pursuant tot his clause 8 are subject to any guidelines that may from time to time be notified to you by Skill Boosters.
9. Permitted use
9.1 If you are a consumer, you agree to access and use the Course on your personal devices for your personal, non-commercial and educational purposes only. You are expressly prohibited, without our written consent, from using the Course for any other purpose.
9.2 If you are a business, you agree to access and use the Course at your place of work on your business devices for the purpose of training and educating your staff only. You are expressly prohibited, without our written consent, from using the Course for any other purpose.
9.3 You shall ensure that any unauthorised use or suspected unauthorised use of the Course shall be notified to Skill Boosters immediately.
10. Licence restrictions
10.1 Except as expressly set out in these Terms or as permitted by law you agree:
(a) not to transfer the Licence;
(b) not to download, store, reproduce, transmit, display (including without limitation display on any intranet or extranet site), copy, sell, publish, distribute, provide access to or otherwise use the Course for any purposes other than those set out in clauses 9.1 and 9.2 above;
(c) not to sub-licence, rent, lease, transfer or assign any intellectual property rights in the Course to any other person or attempt to do any of the foregoing;
(d) not to disclose the Course whether in part or in their entirety to any third party, including ay associated or affiliated company;
(e) not to in any way commercially exploit the Course; or
(f) not use the Course for any unlawful purpose or in any manner or for any purpose that may knowingly violate any law or regulation.
11. Accessing a Course
11.1 As soon as you receive the Code you should be able to access the Course. Occasionally access to a Course is affected by an Event Outside Our Control. See clause 23 for our responsibilities when this happens.
11.2 You must inform us within 24 hours of receipt notice of access to any Course of:
(a) any difficulty you experience in accessing the Course after you receive your Code;
(b) any defects in the Course that become apparent after inspection with appropriate evidence of such defects supplied to us;
12. Your information
12.1 When you place your order you will be required to provide us with personal information including without limitation, your name, your address, your gender, your date of birth and your email address. Additional information may be required to confirm your identity.
12.2 You undertake to us that all information provided by you in relation to your order is and will be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
12.3 You acknowledge that if any information provided by you in relation to your order is untrue, inaccurate or not current or complete, we reserve the right to immediately suspend or terminate your access to and use of the Course.
12.4 When you access your Course for the first time you will be asked to select a username and password. You must treat such information as confidential and you must not disclose it to any third party. Skill Boosters does not permit the sharing of usernames or passwords and reserves the right to disable any username and/or password at any time.
13. Minimum Requirements
13.1 To access and use the Course you must obtain and maintain:
(a) Operating Systems: Windows 7, 8, XP Professional, Vista SP1 or Mac. Memory: 2-4GB of RAM recommended. Screen Resolution: 1024x768. Sound card & speaker/headphone.
(b) Internet connection: Broadband, ISDN, T1/LAN or equivalent (256 kbps recommended).
(c) SWF (Flash Player 10 or more): Internet Explorer versions 10 & 11, Chrome (latest), FireFox 4.0 (or later), Safari 6 (or later), Chrome (latest).
(d) html5 : Internet Explorer versions 10 & 11, Safari 7.0.3 (or later) Chrome 34 (or later), IOS 7 (or later), Safari (latest)
13.2 You understand that in order to access and use the Course you must comply with the requirements set out at clause 3.1 above (Minimum Requirements) and that you are responsible for all fees and costs associated with obtaining and maintaining the Minimum Requirements including but not limited to all data charges imposed by wireless carriers and Internet Service Providers.
14. Intellectual Property
14.1 You acknowledge that all intellectual property rights in the Course and the underlying technology (Technology) belong to Skill Boosters and their third party providers and suppliers, that rights in the Course are licenced (not sold) to you and that you have no rights in, or to, the Course or the Technology other than the right to use each of them in accordance with these Terms.
14.2 Skill Boosters reserve the right at any time to withdraw any of the Courses for which it no longer retains the right to publish or which it has reasonable grounds to believe infringes third party intellectual property rights or is unlawful or otherwise objectionable. Skill Boosters shall give notice of such withdrawal whenever possible.
15. Advice and assistance
15.1 Skill Boosters shall, throughout the duration of the Licence Period provide you with technical advice and support relating to access to and use of the Course and ensure that appropriately qualified members of staff shall be available during normal working hours to deal with, process and act upon enquiries. You can access this advice and support via the Skill Boosters Custom Services Team.
15.2 You should quote your licence number (Licence Number) at the beginning of every call to Skill Boosters’ Customer Services Team. The Licence Number is shown on the Order Confirmation. Advice and support can only be given to customers who have a current Licence.
15.3 Calls to Skill Boosters’ Customer Services Team may be monitored and recorded for quality assurance purposes.
16. Mis-description and Interruption
16.1 If you are a consumer, we are under a legal duty to you to supply Courses that are in conformity with this Contract. As a consumer, you have legal rights in relation to Courses that are not as described. These legal rights are not affected by clause 7 above or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
16.2 If any Course is mis-described, we will refund the price of the Licence in full. We will refund you on the credit card or debit card used by you to pay.
16.3 Although we make every effort to ensure that access to and use of Courses is unproblematic, we do not warrant that access to and use of the Course will be uninterrupted, free of errors, viruses or other harmful content and do not warrant that any of the foregoing will be corrected.
17. Price and payment
17.1 Our charges in relation to the purchase of a Licence (Charges) will be as quoted on our site at the time you submit your order or as agreed with a member of our sales team.
17.2 Our Charges may change from time to time, but changes will not affect any order you have already placed.
17.3 You can only pay our Charges using a debit card or credit card. We accept the following cards: Visa, Mastercard.
17.4 All Charges are payable online immediately prior to the submission of your order. Your debit card or credit card will be charged when you complete your order by clicking the ‘Pay Now’ button.
18. Our liability to business customers
18.1 We only supply our Courses for internal use by your business in relation to the training and education of your staff. You agree not to use the Course for any commercial purposes without our prior written consent.
18.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
18.3 Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
18.4 Subject to clauses 18.2 and 18.3 above, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Licence.
18.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Course. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Course is suitable for your purposes.
19. Our liability to consumers
19.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
19.2 We only supply our Courses for personal, domestic and private use. You agree not to use the Course for any commercial purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
19.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(d) defective products under the Consumer Protection Act 1987.
20.1 We may terminate any Licence immediately by written notice to you:
(a) if you commit a material or persistent breach of these Terms or any of our applicable policies which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Terms in clause 9, clause 10 or clause 12; and
20.2 On termination for any reason:
(a) all rights granted to you under the Licence shall cease;
(b) you must immediately cease accessing, using or attempting to access or use the Course;
(c) you must immediately delete or remove from any and all servers and hardware the Course; and
(d) you must immediately return or destroy any and all confidential information or documentation.
21. Entire Agreement
21.1 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
21.2 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
22. Our right to vary these terms
22.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
22.2 Every time you purchase a Licence to use a Course, the Terms in force at the time of your order will apply to the Contract between you and us.
22.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and any regulatory requirements.
22.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If you opt to cancel, we will refund any sums you have paid to us on a pro-rata basis and will disable your username and password.
23. Events outside our control
23.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 23.2.
23.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications or computer networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
23.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects your access to the Resources, we will endeavour to provide you with access to the Resources after the Event Outside Our Control is over.
23.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid on a pro-rata basis and will disable your username and password.
24. Communications between us
24.1 When we refer, in these Terms, to "in writing", this will include e-mail but not fax.
24.2 If you are a consumer you may contact us as described in clause 2.1
24.3 If you are a business:
(a) any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail;
(b) a notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) in proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) the provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
25. Other important terms
25.1 We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
25.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
25.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
25.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
25.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
25.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the licence of Courses through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a resident of Scotland, you may also bring proceedings in Scotland.
25.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
25.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).