eCPD Academy Terms of Online Learning Service


This agreement provides the terms and conditions of your access and continued use of eCPD Academy ecourse platform.

 

eCPD Academy

TERMS OF ONLINE LEARNING SERVICE

This Terms of Online Learning Service Agreement (TOLSA) is between eCPD Academy (hereafter referred to as we, us and our) and yourself who is an individual, a company or other organisational entity (hereafter referred to as you or your). This TOLSA specifies the terms and conditions of you receiving access and continued use of eCPD Academy ecourse platform (hereafter referred to as eCPD Platform).

1.1. Parties to this Agreement

This TOLSA constitutes a legally binding agreement between you and us. You agree to abide by this agreement when you access and continuously use our eCPD Platform. We advise you to read and understand our terms and conditions carefully and thoroughly as these affect your legal rights and obligations. Please contact us at terms@ecpd-academy.com if you have any questions or clarifications about this document.

1.2. Consent

You provide your explicit, unqualified and free-will consent to this TOSLA when you clicked the button: 

and proceeded to access or use our eCPD Platform with or without payment (money or otherwise, full or partial). If you do not consent to the terms and conditions of this TOSLA, you should abandon or refrain from accessing or using our eCPD Platform immediately. Accordingly, we shall then delete any personal data you shared with us but we shall only do so after 48 hours to allow you an opportunity to request your privacy data or change your decision.

1.3. Organisation Counter-Party

If you represent a company or organisation, you warrant in good faith that you have actual authority and power to bind it to this TOSLA. Thus, the company or organisation you represent is responsible for any act or omission of any person it authorised to access or use the eCPD Platform. 

1.4. Effectivity and Modifications

This Agreement is effective when you accepted this TOSLA according to para. 1.2. Over time, we may ask you to agree to a new agreement reflecting major modifications or changes to the terms and conditions of this TOSLA because they may affect both our legal rights and obligations. For minor changes we consider in good faith as minor or does not substantially alter either of our legal rights and obligations, we shall give you an amber banner notification and a link to it at the top of the eCPD Platform home page. The major changes take effect on your new consent and the minor changes on live posting on the eCPD Platform. We shall communicate either to you both when you next access or use the eCPD Platform and by email.

2.1 This TOSLA includes and incorporates our Personal Data Protection Policy and Cookies Policy, which both require acceptance in the same manner as this agreement. We collect very minimal personal data to enable us to provide you our online learning service. However, your payment information is going to be held, controlled and processed by PayPal being our payment processor. 

2.2 Your personal data and content are stored in secure servers in the United Kingdom and are compliant with European Union’s General Data Protection Regulation (GDPR). If your local law is more stringent than GDPR, please email our Personal Data Protection Officer at pdpo@ecpd-academy.com and we shall comply with the required privacy protection.

We may use third party suppliers including but not limited to our cloud service and payment processing provider. Insofar as relevant, we incorporate warranties, protections and safeguards from their terms of service in order to ensure that we meet our obligations to you except for privacy policies when the third-party supplier is the data controller or processor.

4.1 Access Devices and Web Browsers

You  can access and use our eCPD courses and supporting value-added services (e.g. discussion, chat, email, web conference) on any modern device (i.e. desktop, laptop, tablet, smartphones) in any major browsers including Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Internet Explorer, and Microsoft Edge. We regularly test the eCPD Platfrom across these devices and browsers. For best performance and security, we recommend that you upgrade to the current browser versions.  You may use this to check what browser version you have: https://www.whatsmybrowser.org/ . Finally, we would like to advise that legacy browsers such as Microsoft Internet Explorer 10 and lower and Apple Safari 7 and lower have known usability issues with eCPD Platform.

4.2 Access Duration

The duration of your access and use to particular courses and value-added services is based on the price and duration terms of the access plans you signed up for, whether paid or not.

If you are a registered user not enrolled in or using any course (free or not), we reserve the right to delete your account. We shall give you a reasonable advance notice before we do so in order to give you an opportunity to either sign up to ecourses or take your personal data before we destroy them.  

4.3 File Storage

We allocate a sufficient amount of file storage capacity for files relevant to your learner profile and ecourses you take in the eCPD Platform. We reserve the right to limit it to the storage capacity reasonably necessary to provide you your contracted online learning service. The terms of your access plan may override this limit.

This TOSLA includes and incorporates our Intellectual Property Policy, which requires acceptance in the same manner as this agreement.

We provide access and use to eCPD Platform on 24/7/365 basis with minimal scheduled necessary interruptions for periodic pre-announced (maintenance and service upgrades

7.1. We provide you technical support (e.g. logins, finding ecourses, etc.) on a 24/7/365 basis as well.

7.2. If you are an eCPD Partner authoring and distributing ecourses in the eCPD Platform, you will be supported based on the specific agreement you have with us including content authoring support.

8.1 We offer you both free and paid ecourses.  Duration and additional terms of access to ecourses are governed by the ecourse itself or, in its absence, this access policy. You need to pay in advance for paid ecourses.

8.2 Taxes may or may not be included in the ecourse fees. You should carefully check the ecourse pricing information for this information before making a purchase.

8.3 We use PayPal as our payment processor. Your payment information is not going to be held by us so please ensure you read and understand the personal data protection policies of Paypal.

8.4 We may change our pricing based on our strategy, available market and other commercial factors in future agreements.

9.1. You can cancel your service at any time. However, our cancellation policies apply.

9.2. You can make a request to our Personal Data Protection Officer at pdpo@ecpd-academy.com to delete and/or download your personal data. If you do not make this request, we will delete your personal data within 48 hours as stated in para. 1.2.

10.1 You will get a full refund before you viewed your purchased ecourse. At the discretion of the eCPD Sales or particular course author, you may get a partial refund depending on the amount of time that elapsed since you started your purchase ecourse. Your partial refund may however attract processing fees.

10.2 If your service is interrupted for more than five days, you will get a full refund for the time-prorated unused portion of your ecourse use duration or you may choose to apply it as a credit for purchase in other ecourses.

11.1 You are responsible for determining whether using our eCPD Platform and its online learning services meets your learning needs as a student or business goals as ecourse publisher or on behalf of third-parties for which you intend to provide onward the eCPD Platform services.

11.2 You are responsible to keep secure your username, password and email address used to access and use eCPD Platform.

11.3. You agree to abide by the terms and conditions of this agreement and associated agreements on privacy and intellectual property.

12.1 You agree to abide by this agreement and respect our intellectual property rights including copyright of our original and proprietary ecourses content and related value-added services.

12.2 You agree that you will not use the eCPD Platform other than for learning purposes and not for other purposes such as using it as a file repository or storage.

12.3 You agree that you will only use and access eCPD Platform services which you are entitled to by reason of purchase or permission from us.

12.4 You agree to respect our rights (including our staff) and the rights of other users of eCPD Platform services including prohibition against bullying and speech that are insulting, defamatory, obscene, pornographic, vulgar, offensive or otherwise promotes bigotry, racism, or hatred.

12.5 You agree that you will not circumvent or disable the eCPD platform services by any means or in any manner.

12.6 You agree not to or attempt to modify, adapt copy or otherwise reproduce the eCPD Platform as it is used as a cloud service or software-as-a-service and not an on-premise or local installation.

12.7 You agree not to disrupt or otherwise interfere with eCPD Platform services including security and normal operation.

12.8 You agree that any breach of these prohibitions may lead to immediate termination of your eCPD Platform services.

13.1 You are important to us so what you say about our eCPD Platform services is very important to us. When you would like to submit a complaint, please contact care@ecpd-academy.com in the first instance.

13.2 You will give us reasonable opportunity to resolve any complaints you may have in your use of the eCPD Platform.

13.3 You agree to submit to conciliation and mediation before any formal legal proceedings unless the law specifies otherwise.

This agreement and associated Personal Data Protection and Intellectual Property agreements shall be governed by the law of England and Wales unless our eCPD Partner ecourse distribution agreement provides otherwise.

15.1 Unless otherwise contrary to law, we limit our financial liability to you to the amount you paid to access and use the eCPD Platform during the current service period. This limitation applies to any form, type or kind of damages including arising from negligence or fraud by us or our third-party suppliers as well as from force majeure.

15.2 For service interruption, we shall compensate you pro-rata to the period of interruption as a service credit or a refund the amount of which is based on the amount you paid for the eCPD Platform for the current service period.