MyTraining Terms and Conditions
1.1 “The Company” means Castle (EU) Ltd trading as MyTraining whose office address is Castle Trading Estate, Fareham, PO16 9SF.
1.2 “The User” refers to a subscriber whether person, firm, partnership, corporate body or company.
1.3 “Services” refers to the video training programmes available to subscribers only.
2.1 These terms and conditions shall govern the use of the Services and any alterations, additions or amendments shall be excluded and shall be of no force.
2.2 The User shall be deemed to have accepted these terms and conditions upon registration as a subscriber.
2.3 Any reference to the singular includes the plural and vice versa and any reference to a gender includes any other gender.
2.4 The Company owns and controls all copyright and other intellectual property and all rights in relation to the Services are reserved.
3. Permission to use website
3.1 Subject to the provisions of these terms and conditions, the User may as a subscriber:
a) view training material from the Company’s website in a web browser;
b) download specified pages from the Company’s website for caching in a web browser;
c) print specified pages for personal use and reference;
d) download any other files from the Company’s website that are specified as downloadable;
3.2 Save as expressly permitted under clause 3.1 the User must not download any other material from the Company’s website.
3.3 The User may only use the Company’s Website for personal or business training purposes.
3.4 Except where expressly permitted, the User must not edit or modify any material from the Company’s website.
3.5 The User will not;
a) re-publish material from the website;
b) show or re-distribute any material from the website to non-subscribers;
c) exploit material from the website for commercial purposes;
d) sell, rent or sub-licence any material from the website;
3.6 The Company reserves the right to suspend or restrict access to the website, to areas of the website and/or to functionality upon the website. The Company may, for example, suspend access to the website [during server maintenance or when updating the website].
4. The User must not;
4.1 circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures, security systems and/or processes;
4.2 use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
4.3 use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
4.4 hack or otherwise tamper with the website;
4.5 use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4.6 impose any unreasonably large load on the website;
4.7 conduct any systematic or automated data collection activities;
4.8 do anything that would interfere with normal use;
4.9 use data collected from the website to contact individuals, companies or other persons or entities or for any marketing activities.
5. Data Protection
5.1 When supplying the Services to the User, the Company may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the User.
5.2 The parties agree that where such processing of personal data takes place, the User shall be the ‘data controller’ and the Company shall be the ‘data processor’ as defined in the General Data Protection Regulation as may be amended from time to time.
5.3 For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.
5.4 The Company shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the User, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.
5.5 The Company shall not disclose Personal Data to any third parties other than employees, directors, agents, sub-contractors or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
5.6 The Company shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the User.
6. Registration and accounts
6.1 A User Agreement form is issued for completion and signing prior to access to any of the Services.
6.2 The User must not allow any other person to use their account to access the Services.
6.3 The User must notify the Company of any unauthorised use of their account.
6.4 Payment is by Direct Debit with a minimum of 3 months subscription in accordance with the User Agreement as as amended from time to time.
6.5 All amounts to be paid are exclusive of VAT.
6.6 The Company reserves the right to amend the agreement including the payment provisions.
6.7 In the event that the User wishes to terminate the Agreement then the User will provide 3 months notice to do so.
6.8 The Company may terminate the Agreement by giving 1 month’s notice.
7. Cancellation and suspension of account
7.1 The Company may:
(a) edit the User account details;
(b) temporarily suspend the User account; and/or
(c) cancel the User account,
at any time in our sole discretion, providing that if the Company cancels any services the User has paid for and has not breached these terms and conditions, the User will be entitled to a refund of any amounts paid in respect of those services that were to be provided after the date of such cancellation; we will give the User [reasonable written] notice of any cancellation under this Section 7.1
8. Limitations and Warranty
8.1 The Company warrants to use reasonable skill and care in the performance of the Services however the Company does not warrant or represent:
a) the completeness or accuracy of the information provided;
b) that the material provided is immediately up to date;
c) that the website will operate without fault; or
d) that the website or any service provided will remain available.
8.2 The Company reserve the right to discontinue or alter any or all of the website services, and to stop publishing the website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, The User will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services.
8.3 To the extent that the website and the information and services on our website are provided free of charge, the Company will not be liable for any loss or damage of any nature.
8.4 The Company shall not be held liable in respect of any business losses, damages, loss of profit, income, revenue, contract, anticipated savings, indirect losses, consequential losses or future costs, commercial opportunities or goodwill or any losses arising out of any events beyond reasonable control.
8.5 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
9.1 The User will indemnify the Company, and undertake to keep indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of the use of the website or any breach by the User of any provision of these terms and conditions.
10.1 The User hereby agrees that the Company may assign, transfer, sub-contract or otherwise deal with their rights and/or obligations under these terms and conditions.
10.2 The User may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of the Company’s rights and/or obligations under these terms and conditions.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12. Third Party Rights
12.1 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party and any agreement entered into will be to the exclusion of any third party.
13. Law and Jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with English Law and subject to the jurisdiction of the courts of England.