1.Definitions
“Agreement” means these Terms and Conditions together with the Membership Form as completed by the Member;
“CPD Solutions” means CPD Solutions of Oaklands Office Park, Hooton Road, Ellesmere Port, CH66 7NZ
“Membership” means the Member’s contractual relationship with CPD Solutions as set out in this Agreement allowing access to Membership Materials described on a CPD Solutions website, order form or online shop.
“Membership Fee” means the annual or monthly fee as set out on a CPD Solutions website, order form or online shop, to be paid by the Member to CPD Solutions in accordance with these Terms and Conditions;
“Membership Form” means the online process for setting up access to the Membership website
“Membership Materials” means the Membership webinars or video programmes and supporting materials which shall be provided to the Member under the Membership;
“Month” means the period of one calendar month commencing on the first day of each month and ending on the last day of the calendar month concerned;
“Start Date” means the date Membership was purchased or, in the case of free Memberships, the date of completion of the Membership Form;
“Member” means the individual subscribing to the Membership;
“Term” the Membership period commencing on the Start Date.
- Membership
2.1. By purchasing a Membership and/or completing the online Membership Form, the Member agrees to subscribe to these Terms and Conditions.
2.2. CPD Solutions shall provide to the Member with the Membership Materials specified for the Membership.
2.3. CPD Solutions reserves the right to change, alter, modify or adapt the contents of the Membership Materials at any time.
2.4. If the Member wishes to change the terms of the Membership set out on the Membership Form and CPD Solutions agrees to do so, CPD Solutions shall notify the Member of any changes to the Membership Fee and reserves the right to charge an additional administrative fee for processing any such change. CPD Solutions is not bound to agree to any change requested by the Member.
- Term
3.1. This Agreement shall commence on the Start Date and shall continue, in the case of annual Memberships, for a period of 12 months coming to an end automatically on the first anniversary of the Start Date. In the case of monthly Memberships, where available, these shall continue for a rolling period of one month from the Start Date. CPD Solutions reserves the right to terminate a free/Silver membership and remove the user from its database.
- Payment (in the case of paid Memberships)
4.1. The Membership Fee shall be paid by the Member by credit card, debit card or other method accepted by CPD Solutions.
4.2. The Membership Fee shall be paid by the Member in full prior to access to the Membership Materials being granted.
4.3. CPD Solutions shall send an electronic receipt forthwith after completion of the Membership purchase.
4.4. The Membership Fee is non-refundable and termination of the Membership under paragraph 6.2 shall be without prejudice to the Member’s obligation to pay the Membership Fee and any interest due thereon.
- Use
5.1. The Member shall have a non-exclusive and non-transferable licence to access and use the Membership Materials under the terms of this Membership at any site or location. All data relating to the usage of Membership Materials by the Member shall remain the property of CPD Solutions and where applicable, may with the agreement of the Member be made available under license to support the Member’s professional qualification and/or CPD record.
5.2. The Membership Materials supplied by CPD Solutions to the Member may only be viewed or read by the Member.
5.3. The Member may not copy the Membership Materials.
5.4. Any unauthorised copying or editing, exhibition, renting, exchanging, hiring, lending, public performance, and/or broadcast of the Membership Materials or any part thereof is strictly prohibited.
5.5. The Member shall not make any charge to permit any person to view the Membership Materials without having first received written authority from CPD Solutions.
- Termination
6.1. This Agreement will terminate automatically in accordance with clause 3.1 above.
6.2. Either party may terminate the Membership immediately on written notice to the other party if that other party has committed a material breach of these Terms and Conditions and has not remedied such breach (if capable of remedy) within 14 days of receipt of notice requiring it to be remedied or if the other party becomes insolvent, or becomes subject to any proceeding under any insolvency or bankruptcy law or has a receiver, administrative receiver or administrator appointed over its assets.
6.3. If the Membership is terminated under paragraph 6.1 or under paragraph 6.2, whether by CPD Solutions or the Member, CPD Solutions shall not provide the Member with any further Membership Materials from the date of termination.
6.4. Notification to terminate a monthly Membership must be given to CPD Solutions in accordance with paragraph 11. Requests must be received no fewer than 7 days prior to the next payment date to avoid that payment being taken.
6.5. The limitations and restrictions in Clauses 5, 7 and 8 shall survive any termination of this Agreement.
- Intellectual Property Rights
The Member acknowledges that the Membership Materials are protected by copyright, trade marks, and other proprietary rights of CPD Solutions and where applicable, external content providers and accepts that no rights other than those set out in these Terms and Conditions are granted to the Member in respect of any intellectual property rights of CPD Solutions or any third party.
- Limitation of Liability
8.1. The Membership Materials are designed for use in professional updating and training. These materials are necessarily selective and general and are not intended to be exhaustive, nor can they provide the detail necessary to give professional advice or guidance in relation to any specific matter. The Membership Materials should not be relied upon as a substitute for professional advice on a particular matter. CPD Solutions shall have no responsibility for any loss or damage arising from such reliance.
8.2. The Membership Materials present the professional views of the relevant presenters. CPD Solutions have no professional qualifications in this field and accept no responsibility for the accuracy of the professional content of the Membership Materials.
8.3. CPD Solutions endeavours to ensure that the Membership Materials supplied to you are complete and up-to-date at the time of production, but undertakes no legal responsibility to this effect and shall not be responsible for any errors or omissions in or from the Membership Material.
8.4. The Member shall immediately notify CPD Solutions of any errors in the Membership Materials, who will pass the Member’s comments on to the relevant person. CPD Solutions shall endeavour to correct any such errors in future Membership Materials where it considers it appropriate to do so.
8.5. Save where the Member is a consumer (within the meaning of the Unfair Contract Terms Act 1977), CPD Solutions’ total liability to the Member under this Agreement is limited to the amount of the Membership Fee paid by the Member and CPD Solutions shall not be liable for any loss of anticipated profits, goodwill or reputation or from claims by others or any other indirect or consequential loss suffered by the Member.
8.6. Nothing in this Agreement shall limit CPD Solutions’ liability in respect of death or personal injury caused by CPD Solutions’ negligence.
- Assignment
9.1. CPD Solutions may assign or transfer its rights and/or duties under this Agreement to another person or organisation.
9.2. The Member may not assign its Membership or its rights and/or duties to any other person or organisation without notifying CPD Solutions of the purported assignment and receiving CPD Solutions’ prior written permission.
- Entire Agreement
10.1. This Agreement constitutes the entire agreement between the Member and CPD Solutions and supersedes any previous agreements between the Member and CPD Solutions relating to the same subject matter.
10.2. CPD Solutions reserves the right to change the terms of this Agreement which shall include (without limitation) increases in the Membership Fee and shall give the Member notice of any such change either in writing or by putting a notice on the membership website or through another suitable method.
10.3. This Agreement excludes all conditions, warranties and representations whether express or implied by statute, common law or otherwise which may be excluded at law.
- Notices
11.1. Any notice to be given in accordance with the terms of this Agreement shall be in writing and by pre-paid post or by email. The party sending the notification will deem the notification to have been received by the other party only when confirmation of receipt has been provided by that party or, in the case of a posted letter, confirmation of receipt can be proved.
11.2. CPD Solutions shall send notices to the address provided by the Member at the time of registration or, if no registration form was completed, to the address provided at the time of purchase. Notices to CPD Solutions should be sent to CPD Solutions Limited, Oaklands Office Park, Hooton Road, Ellesmere Port CH66 7NZ. By email to [email protected]. Either party may change its address for notice by notice to the other party given in accordance with this clause.
- Rights and remedies
12.1. The rights and remedies contained in this Agreement are cumulative and in addition to any rights or remedies provided for by law. Exercise of one right does not prevent exercise of another.
12.2. A single or partial exercise of a right or remedy contained in this Agreement shall not prevent further exercise of the same right or remedy.
12.3. Failure to exercise a right or remedy or delay in exercising a right or remedy is not a waiver of that or any other right or remedy.
- Consumer Members’ Right of Cancellation
13.1. If the Member is a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Member has a right to withdraw his/her Membership and cancel the Agreement within 7 working days from completing the Membership Form and process without any charge being made by CPD Solutions. This may be done by giving a notice in writing or e-mail at any time during the 7 day period. However this cancellation right does not apply if the Member has started to use the Training Programme within the 7 day period.
13.2. Once the Member has notified CPD Solutions that he/she is cancelling the Agreement pursuant to clause 13.1 above, CPD Solutions will refund or recredit the Member within 30 days any sum that has been paid by the Member or debited from the Member’s credit card for the Membership.
- Governing Law
This Agreement is governed by English law and both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Data Protection Act:
This Membership is a managed service and as such, data regarding your usage and performance is held in a secure database. Other personal information provided by you will be held in confidence by CPD Solutions but may be used to advise you about any other products or services that may be of interest. Your debit or credit card information will be used only for the purposes set out in these Terms and Conditions. These uses of your personal information are covered by the registration of CPD Solutions under the Data Protection Act 1998. Under the act, you have the right to obtain a copy of the information held about you, for which you may be charged a fee.
PLEASE READ THESE TERMS OF SALE CAREFULLY BEFORE PURCHASING A MEMBERSHIP OR COMPLETING AN ONLINE MEMBERSHIP FORM. PLEASE PRINT A COPY OF THESE TERMS FOR FUTURE REFERENCE.
