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Standard Terms for the Purchase of Online Assessments and Courses
Last updated: 17 June 2021
These terms and conditions apply to Services provided by BRATLAB Limited t/a Virtuositeam (company number 12114424) of 67 Old Chorley Road, Bolton BL1 3AJ UK (“Virtuositeam” or “we” or “us”).
You may contact us on email@example.com or +44 7796 715327 or +1 312 678 5017.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or Assessment. Please read these terms and conditions carefully before purchasing an Online Course and/or Assessment and print a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions and any Specific Terms and Conditions which might apply to a specific Online Course or Assessment then the conflict shall be resolved by applying the following order of priority:
A. Course/Assessment Specific Terms and Conditions;
B. These Standard Terms for the Purchase of Online Assessments and Courses;
C. Website Disclaimer.
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
· “Assessment Questions” means the questions delivered in electronic form by Virtuositeam that form the foundation of each Assessment.
· “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials and Assessment Questions, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
· “Course Materials” means the information provided by Virtuositeam to accompany an online training course provided as part of the Services in electronic form.
· “Fees” means the fees paid by you to Virtuositeam for the Services.
· “Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
· “Online Assessment” means the online tool provided by Virtuositeam that poses questions and scores feedback.
· “Online Course” means the delivery by us of an online course pursuant to which you are provided with course materials remotely.
· “Service(s)” means the provision of the Online Assessment or Course and/or the Course Materials together with such other service(s) as agreed from time to time and purchased by you through the Website.
· “Website” means https://virtuositeam.com.
· “you” means the individual or company purchasing the Services.
2. The Services
2.1. Descriptions of the Services are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, outcome, education credits or qualification from your purchase and completion of any of the Services.
2.4. It is your responsibility to determine whether purchase and completion of any Services will result in permissible continuing professional education credits for your professional body.
3. Ordering Services
3.1. In order to purchase any of the Online Courses you must register for an account. If you already have an account, you can log into your account using your username and password.
3.2. When you place an order for a Service via the Website you are offering to purchase the Services on these terms and conditions. Virtuositeam reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.4 below.
3.3. Following receipt by us of your order for Services via the Website, we will either grant you immediate access to the Service or contact you confirming receipt of your order.
3.4. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple Online Assessments or Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.
4. Cancellation and Variation of Services
4.1. Subject to clause 4.2 below, where we have accepted the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.
4.2. If you have purchased an Online Course and have already accessed and completed any part of the Online Course, then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1, there is no other right to cancel or vary your purchase of an Online Courses or any other Services and any other cancellation and/or variation of course dates will be at the entire discretion of Virtuositeam.
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT, sales tax or other local taxes.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration. These are payable by you directly to the relevant professional body.
5.4. Fees for the Service selected by you on the Website shall, according to your selection either be:
· debited from your credit/debit card at the time of purchase; or
· subject to invoice.
Fees must be received in full prior to you prior to receiving any Service.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Virtuositeam shall not be responsible for these.
5.6. You shall be responsible for all costs you incur while accessing any Service.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of health or any other form of professional advice.
6.2. Although Virtuositeam aims to provide the Services to the highest standards of the industry, it accepts no liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Subject to clause 6.5 below, Virtuositeam's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Assessment or Course in relation to which a dispute has arisen. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
6.5. Nothing in this Agreement shall exclude or limit Virtuositeam’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Online Assessments, Course Materials, Online Courses are, and remain, the intellectual property of Virtuositeam or its licensors, whether adapted, written for or customised for you or not.
7.2. You are not authorised to:
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Assessment or Course Materials without prior written permission
(ii) record on video or audio tape, relay by videophone or other means the Online Assessment or Course purchased
(iii) use the Services in the provision of any other assessment, course or training whether given by us or any third-party
(iv) remove any copyright or other notice of Virtuositeam on the Services
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Services.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you without compensation and cease to provide you with any Services, including but not limited to access to the Services.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Services and related software for the sole purpose of completing the Online Course and/or Assessment.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
(i) fail to pay when due your Fees;
(ii) are in breach of these terms and conditions.
9.2. On termination of these terms and conditions, clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the website disclaimer and course specific terms and conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Virtuositeam shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
13. Data Protection
13.1. The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
13.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
13.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of Virtuositeam.
13.4. To enable us to monitor and improve our Services, we may gather certain aggregated information about you, including details of your IP address, the URL you came from and go to and the parts of the Website you visit.
13.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
13.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
13.7. Virtuositeam endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
13.8. Virtuositeam may supplement the information that you provide with information we receive from third parties, such as professional bodies or your employer.
13.9. If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org.
14. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales in connection with any dispute hereunder.
You can contact us by any of the following methods:
Post: Virtuositeam, 67 Old Chorley Road, Bolton BL1 3AJ UK