TERMS OF USE

Thank you for using EdPsychEd!

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms of use to make sure that they contain all that you want and nothing that you are not happy with. If you buy goods or services on our site you agree to be legally bound by this Agreement.

EdPsychEd offers products and services provided by EdPsychEd Ltd. These Terms of Use ("Terms") govern your use of our website, and other products and services. Please read these terms of use carefully before using this website. By using this website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the website, or contact us at [email protected] if you have any questions.

Your access to and use of this website is subject to the following terms and conditions (“terms of use”) and all applicable laws. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. By accessing and browsing the site, you accept (without limitation or qualification) the terms of use, and acknowledge that any other agreements between you and the site are superseded and of no force or effect:

1. Limitation of Liability - You agree that the liability of EdPsychEd and its affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the service or the content therein shall not exceed the amount you paid to EdPsychEd for this service preceding any claim or notification of damages.

a. EdPsychEd shall not be liable for any amounts billed to your credit card by a third party that were not authorised by you.

b. In no event shall EdPsychEd and its affiliates, directors, employees, or agents  be liable to you or to any third party for any special, incidental, indirect, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability (whether in contract, tort or otherwise), arising out of or in connection with the use or performance of the training or the content therein.

c. The service is provided "as is," and you rely on the training and its contents at your own risk. There are no representations or warranties of any kind, either express or implied, including, but not limited to: No representations or warranties of merchantability or fitness for a particular purpose; no representations or warranties as to the accuracy or completeness of the service; and no representations or warranties that the service or anything else provided pursuant to this agreement will not infringe proprietary rights of third parties.

2. You should always check the contact information you provide is accurate and complete before creating a EdPsychEd account or proceeding to payment. You agree to update your information to keep it accurate and complete.

3. Our website is only intended for use by adults, as defined as those aged 18 or over and who have sufficient capacity to enter into a binding agreement.

4. You are responsible for maintaining your own username and password via our website. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.

5. Consent to Electronic Communication - By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to EdPsychEd using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.

6. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.

7. User Content - You agree that the site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the site by us or other third parties (collectively referred to as the “content”) are maintained for your personal use and information by EdPsychEd Ltd (the “company”) and are the property of the company and/or its third party providers. Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.

a. If you are using the Services on behalf of a company, you may be able to upload, post, or otherwise submit (“Submit”) content. EdPsychEd claims no ownership of your company content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.

b. Where we allow content submission to the website by users the views expressed by any user on the website are their own and not those of EdPsychEd Ltd.
As a user you agree not to do any of the following:

• Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
• Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
• Use or harvest data provided by other users in a way that they would object to.
• Contact other users in ways they may find inappropriate.
• Encourage illegal activity or activity that violates the rights of other users or third parties, whether individuals or organisations.
• Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
• To pose as another user, third party or organisation or one of our employees for the purposes of obtaining user or third party information.
• To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
• The above list is not intended to be exhaustive.

c. Messages: The Services may allow Users to send messages (“Messages”) to other Users. We may withdraw that functionality in respect of particular Users or Accounts if: (a) the User or any other Users accessing the Services through the Account materially or consistently breach any of these Terms or otherwise use the functionality to send Messages contain content that is illegal, harmful, indecent, offensive or otherwise objectionable; (b) it gives the relevant Administrator reasonable notice that the functionality is being withdrawn. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to [email protected]. You acknowledge that EdPsychEd may monitor Messages for compliance with these Terms, or access and share Messages with others, such as relevant Administrators or law enforcement, in connection with enforcing these Terms, investigating User complaints or to comply with applicable law or court order. 

d. Content Disclaimer 

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content, that may contain errors, be offensive, indecent, or objectionable.

EdPsychEd cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. EdPsychEd disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content. You use the Services, and rely upon any Materials or Services, at your sole risk.

EdPschEd may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.

8. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable).

9. We reserve the right to alter all products, services and pricing without notice.

10. We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, EdPsychEd does not waive any rights to use similar or related Feedback previously known to EdPsychEd, developed by our employees, contractors, or obtained from other source.

11. EdPsychEd respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the EdPsychEd Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.

12. Copyright: Except as expressed in this Agreement, you may not reproduce, transmit, distribute, or use the training or the content or other data or materials incorporated without EdPsychEd's permission. You may not blend any portion of the Training or content with any other information and shall not edit, modify, or alter any portion. For permission to copy beyond what is expressly provided therein, and/or to reprint articles or any other content offered via EdPsychEd, contact us on [email protected]

13. Participant understands that EdPsychEd is for educational purposes only.

• Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
• Our content and courses are continually under development and changes may be made at any time.
  
  

14. Disclaimers
THE SERVICES, MATERIALS, AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. CIRCLE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

EDPSYCHED DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.

ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. EDPSYCHED DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. CIRCLE IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.

WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

15. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE AMOUNT YOU PAID TO EDPSYCHED FOR THIS SERVICE PRECEDING ANY CLAIM OR NOTIFICATION OF DAMAGES. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

16. As this is a business-to-business transaction no right of cancellation exists under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

17. Where a refund is offered and accepted by you it will be made within seven working days of receiving your acceptance of a refund.

18. The company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the site. Use of the site is completely at your own risk.

19. We grant you a licence to access the content, information and services contained within our website for business use only.

• Third parties are not allowed to “deep link” to pages within our website, without our express prior written permission. 
• The restriction on “deep linking” does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales.
  
  

20. Whole School Licenses are for schools only. If an organisation we believe is not a school, purchases the Whole School License, access will be revoked and a refund issued. 

21. Waiver. If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

22. This agreement shall be governed by and construed in accordance with English law without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts sitting in England.

23. EdPsychEd do not endorse third party websites, products or services etc.

24. We are registered under and comply with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR). For further details please see our Privacy Policy.

25. These terms of use may be revised from time to time by updating this posting. We reserve the right to change these Terms & Conditions at any time, without giving notice. You are bound by any such revisions and should therefore periodically visit this page to review the current terms of use to which you are bound.

26. Any violation of this Agreement result in the immediate and permanent cessation of access to all content and of your license and will be pursued to the fullest extent permitted under all applicable laws.

Updated: 06/02/2024