The following terms and conditions apply to the access and use of the College's eLearning environment and associated resources and materials.
In these Terms:
"Agreement" means the Booking Form together with the Terms and the Website Terms;
"Booking Form" means the form used by the User to purchase Services from the College;
"College" means the Royal College of Physicians and Surgeons of Glasgow, a charity registered in Scotland having its registered office at 232- 242 St Vincent Street, Glasgow, G2 5RU;
"Commencement Date" means the date for commencement of the Services specified on the Booking Form;
"Completion Date" means the date for completion of the Services specified on the Booking Form;
"Charges" means the fees for the Services, as set on in the Booking Form, which are payable in accordance with these Terms;
"Documentation” means the information and materials made available to the User by the College in connection with the Services;
Intellectual Property Rights means any patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
"LMS Platform" means the College's eLearning environment where the Services can be accessed;
"Services" means the provision of e-learning courses by the College consisting of eLearning modules accessed via the LMS Platform;
"Terms" means these terms and conditions for the supply of the Services;
"User" means a person who purchases Services from the College; and
2 The Services
2.1 The Booking Form constitutes an offer by the User to purchase Services in accordance with these Terms.
2.2 The contract will be deemed to have been created between the parties when the User accepts the Terms and the College issues an email to the User confirming the log-in details for the LMS Platform.
2.3 All bookings are made on a first-come first-served basis. The College reserves the right to refuse bookings in its sole discretion.
2.4 The Agreement constitutes the entire agreement between the parties. The User acknowledges that they have not relied on any statement, promise, representation, assurance or warranty made by or given on behalf of the College, which is not set out in the Agreement.
2.5 The Services and Documentation are provided “as is” without any representation or warranty of any kind whether express or implied, including but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2.6 The College does not warrant that the LMS Platform will be uninterrupted, error-free or free from viruses.
3.1 On the College's receipt of a completed Booking Form and payment of the Charges by the User, the College shall issue the User with an access code which will allow the User to access the Services.
3.2 Access codes will provide the User with access to move within the course and complete the course once. Users wishing to resit or complete the course more than once will be required to complete a new Booking Form.
3.3 Access codes are single user codes. The User shall not share access codes with any other party. Access to modules will be for a limited duration as set out on the relevant instructions for each module. Users may choose to complete the module in staged intervals and save progress within the LMS Platform within the stipulated time allocation for completion of the relevant module.
4 Charges and Payment
4.1 In consideration of the Services, the User agrees to pay the Charges to the College at the time of booking.
4.2 All amounts payable by the User under the Contract are exclusive of Value Added Tax.
4.3 If the User fails to make any payment due to the College under this Agreement, this will be a breach of contract by the User, entitling the College to terminate the Agreement. The College shall be entitled to retain all Charges already paid by the User. Any unpaid balance of the Charges shall become immediately payable by the user to the College. This is without prejudice to the College's rights and other remedies under the Agreement.
5 Cancellations or amendments by the College
5.1 The College shall use its reasonable endeavours to adhere to the advertised description of the Services but it reserves the right to amend or cancel any part of the Services. This includes, but is not limited to, changes to speakers, content and programme of the modules.
5.2 On the occurrence of changes to the Services after confirmation of the booking (other than cancellation which is dealt with under Clause 5.3), the College shall use all reasonable endeavours (subject to the College's right to amend the charges payable) to provide reasonable alternative Services to the User which shall be the User's sole remedy.
5.3 On the occurrence the Services or part of the Services being cancelled after confirmation of the booking, the College may in its discretion: (a) offer the User a complimentary transfer to an alternative equivalent module, subject to availability; or (b) refund any Charges paid by Users.
5.4 Save for as set out in this Clause 5, the College shall not be responsible for any other costs incurred by the User as a result of cancellation or amendment of the Services or any part of the Services.
5.5 The College shall not refund the Charges to the User if the User fails to access and/or complete a module within any stipulated time period.
6 Term and Termination
6.1 This Agreement shall commence on the Commencement Date and shall continue in full force and effect until the Completion Date.
6.2 This Agreement may be terminated by the College at any point on 14 days notice.
6.3 This Agreement may be terminated by the College with immediate effect if the User commits a material breach.
6.4 On termination of this Agreement for any reason, all licences granted to the User under this Agreement shall immediately terminate.
6.5 Any provision of this Agreement which is expressly or by implication is intended to come into or remain in force on or after termination will remain in full force and effect despite the expiry or termination of this Agreement.
7 Links to Third Party Sites
The College website or LMS Platform may present links to third party websites not owned or operated by the College. The College shall not be responsible for the availability of these sites or their content. The College shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User's use of or reliance on any content of any such site or goods or services available through any such site.
8.1 The LMS Platform is supported on most web browsers and mobile devices.
8.2 It is the User's responsibility to ensure compatibility of software. Full settlement of the Charges will be due in the event of failed access due to incompatible software and/or devices.
9 Promotions and Advertising
9.1 The College may present advertisements or promotional materials on or through the Services. The User's participation in any promotional event or item is subject to the terms and conditions associated with that event or item.
9.2 The User's dealings with, or participation in promotions by any third party advertisers on or through the event or item are solely between the User and such third party. The User agrees that the College shall not be responsible or liable for any loss or damage of any kind incurred by the User as the result of any such dealings or as the result of the presence of such third parties on the events or items.
10 Intellectual Property Rights
10.1 All Intellectual Property Rights in or arising out of or in connection with the Services and Documentation shall be owned by the College. Except as expressly stated herein, this Agreement does not grant the User any rights to, or in, patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other Intellectual Property Rights in respect of the Services or the Documentation.
10.2 The College hereby grants to the User a non-exclusive, non-transferable, limited licence during the term of the Agreement to use the Services for the non-commercial purposes set out in the Booking Form.
11 Limitations of Liability
11.1 Subject to Clause 11.3, the College shall not be liable to the User in contract, delict (including negligence) or otherwise arising out of or in connection with this Agreement for any: (a) indirect, incidental, special or consequential loss or damage (whether or not such loss or damage is of the types specified in Clauses 11.1 (b) and (c) below; or (b) loss of or corruption to data (including software) or any other information; and (c) loss of revenue or the loss of money.
In any case, whether or not such losses or damages were foreseen, foreseeable, known or otherwise.
11.2 Subject to Clause 11.3, the aggregate liability of the College for any breach of the terms of this Agreement, or otherwise in relation to the subject matter of this Agreement in contract, delict (including negligence) or otherwise shall in no event exceed the Charges paid by the User in the twelve (12) month period preceding the breach.
11.3 Nothing in this Agreement will exclude or limit the College's liability for death or personal injury caused by negligence; (ii) for fraud; or (iii) for any other liability which cannot be excluded by law.
11.4 The College accepts no responsibility for any loss incurred while using material or information gathered via modules. The copyright of all training materials and Documentation rests with the College or the developer of such materials and the College shall not be held responsible for any infringements as a result of plagiarism, libel, slander, misuse of material or any other breaches of third party rights.
12 Booking Issues and Complaints
12.1 The User shall refer all issues during booking to the eLearning helpdesk at email@example.com. The helpdesk will endeavour to respond to booking enquires within 24 hours of receipt on Monday to Thursday and the first day of the following working week on a Friday, Saturday or Sunday. The College shall not be held responsible for any loss, virus or corruption suffered due to failure to respond to booking issues. The eLearning helpdesk is open from 9am to 5pm, Monday to Friday with the exception of local public holidays.
12.2 If the User wishes to make a complaint, the User can notify the College's education team in writing to firstname.lastname@example.org.
14.1 The College may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party, representative, employee or agent.
14.2 The User shall not, without the prior written consent of the College, assign or otherwise transfer any of its rights or obligations under this Agreement.
15 Force Majeure
The College shall not be liable for any delay in performing or failure to perform its obligations under these terms due to any cause outside the College's reasonable control. Such delay or failure shall not constitute a breach of this Agreement and the time for performance of the affected obligation shall be extended by such period as is reasonable.
16 No Agency
Neither party shall, in performing the Services or their obligations under the Agreement, hold themselves out or permit any person to hold itself out as being authorised to bind the other party in any way and will not do any act which might reasonably create the impression that it is so authorised.
These Terms may be varied by the College at any time on giving the User adequate notice in writing (including by e-mail).
If and in so far as any part or provision of these Terms is or becomes void or unenforceable, it shall be deemed not to be, or never to have been or formed, a part of the Terms and the remaining provisions shall continue in full force and effect.
The failure of either party to exercise or enforce any right conferred on that party by these Terms shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter.
20 Third Party Rights
These Terms are not intended to create, nor shall they create, any rights, entitlement, claims or benefits enforceable by any person that is not a party to them.
21 Governing Law
This Agreement is governed by Scots law and the Scottish courts shall have exclusive jurisdiction in any dispute or other matter relating to same.