Terms and Conditions of Purchase: Online
These Online Terms are relevant to the purchase of our online courses and services. For “in-person”, remote (webinar) training and consultancy work, please revert to our Standard Terms and Conditions of Service.
1. Definitions
The ‘Company’ – INJ Associates Ltd, trading as Evidence Based Education
The ‘Services’ – access to one of our online training courses or tools
The ‘Purchaser’ – an organisation, or an individual or member of an organisation who/which has purchased access to an online course on our virtual learning environment – the ‘learning platform’
The ‘User’ – the end user (an individual) who accesses the online training course
These Online Terms and Conditions of Service govern our provision of online services and resources and your use of them. They are to be read in conjunction with our Privacy Policy which can be found here. Any User of our services agrees also to have read and be bound by the relevant End User Licence Agreement which can be found on the registration page when the User signs up.
2. Information about us
Evidence Based Education is a trading name of INJ Associates Ltd. INJ Associates Ltd is a company registered in England and Wales with company number 07824913. The registered address is 1 Grange Crescent, Sunderland SR2 7BN. INJ Associates Ltd is registered with the Information Commissioner’s Office, registration number ZA136074.
3. The contract
By completing the order form the Purchaser is offering to purchase access to an online course. The Company has the right to decline or cancel the order. A legally binding agreement will be created when we accept your offer by sending a confirmation email, which will be effective upon sending. The Purchaser will be granted a personal, non-transferable and non-exclusive right and licence to use the learning platform subject to compliance with these Terms and Conditions of Purchase: Online together with the relevant End User Licence Agreement.
The Purchaser is at all times responsible for ensuring that all Users covered by the Agreement comply with these Terms and Conditions of Purchase: Online together with the relevant End User Licence Agreement and the terms contained within our Privacy Policy.
3.1 Orders
All orders will be subject to these Terms and Conditions of Purchase: Online. You may contact us to request changes to your order at any time before we begin providing the Services; these changes shall be made at our discretion, and we will inform you of any change in price. We may cancel your order at any time before we begin providing the Services due to the occurrence of an event outside of our control. We will inform you as soon as is reasonably possible and if any payments have been made, they will be refunded as soon as is reasonably possible.
3.2 Sharing of enrolment links across and outside of an institution
The licences or enrolment links are intended for the Purchaser and its direct employees and staff only. By default, unless otherwise specified in a prior agreement, our Services are assumed to be rendered to an individual school or college, and we reserve the right to terminate access should we find that licences or enrolment links are shared across more than one institution. Where the Purchaser is a group of schools or colleges, we offer bespoke contracts where licences can be shared across multiple institutions; please contact us for more details.
3.3 Copyright and Intellectual Property Rights
The content of our online courses is the copyright of Evidence Based Education (a trading name of INJ Associates Ltd) – © Evidence Based Education. All rights reserved. You may not, except with our express permission, copy, reproduce, distribute or commercially exploit the content in any way, nor may you transmit it or store it in any other website or other form of electronic retrieval system. Any use of the content not expressly permitted is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of INJ Associates Ltd, or in the case of material licensed to INJ Associates Ltd, the owner of such materials.
4. Price and payment
The Purchaser agrees to pay the Company the course fee. Course fees are quoted in pound sterling, excluding VAT where applicable. Payments can be made by debit/credit card or by invoice. Our standard invoice payment terms are 28 days from the date of the invoice. For any invoices not paid within the 28-day period, the Company reserves the right to suspend access to the course. See the section on ‘Late Payment’ below for more on this. Please note that any international or domestic bank transfer fees should be taken BEFORE the transfer.
4.1 No-fee trial
If a Purchaser cancels a No-Fee Trial before it expires, the Purchaser will not be charged. If the Purchaser does not cancel before expiration of the No-Fee Trial, the Purchaser will automatically be enrolled in the appropriate membership (depending on the No-Fee Trial choice) and billed accordingly.
4.2 Late payment
Should an invoice become more than 14 days overdue, the Company reserves the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason this Act does not apply, interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
Without prejudice to our right to claim costs under the above Act, if for any reason any payment is not made when due, the Company reserves the right to be paid on an indemnity basis any costs the Company incurs in recovering any money due under this contract (and the costs of recovering such costs), including administrative costs and any costs incurred with lawyers or debt collection agencies. The Company’s administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating the Company’s administrative costs, credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
In the case of credit/debit card payments the Purchaser agrees to provide the Company with valid, up to date contact and billing details. The Purchaser authorises the Company to bill such credit/debit card on the effective date for the subscription fee. If, for any reason, the Purchaser credit/debit card company refuses to pay the amount billed for the Services, the Purchaser agrees that the Company may, at its option, suspend or terminate the Purchaser’s subscription to the Services and require the Purchaser to pay the overdue amount by other means acceptable to the Company.
The Company may charge a fee for reinstatement of suspended or terminated accounts. The Purchaser agrees that until its subscription to the Services is properly terminated it will continue to access charges for which it remains responsible, even if it does not use the Services.
4.3 Transfer of places and changes of user details
For any number of reasons, including but not limited to changes in staffing, or new roles/responsibilities, the Purchaser may wish to request a change of details for one or more of its Users. This will be done at our discretion, and an administration fee of £30 (ex. VAT) may be charged for each user requiring changes.
5. Your responsibilities and rights
5.1 Usernames and passwords
The registration process will involve the User creating a username and/or password to access the account. The User is responsible for maintaining the confidentiality of the username and password and is fully responsible for all activities that occur under your password or account. The User agrees to notify the Company immediately of any unauthorised use of their account, and to ensure to sign out at the end of a session.
The Company reserves the right to require the User to alter their username and password if the Company believes that security has been compromised.
For increased security, the Company also operates passwordless technology on some of the platforms. In these cases, the Company will endeavour to make sure that email delivery functions in a timely fashion to make sure that the User is able to log in seamlessly; it is the User’s responsibility to sure that the school’s IT department ensures that these emails are whitelisted and therefore delivered without issues.
Any login- or screen-sharing to allow any other non-participants to go through the course is expressly in breach of these Terms and Conditions of Purchase. In such cases, the Company reserves the right to suspend or terminate access to the course for the organisation in question. The Company will not be liable for any loss or damage arising from failure to comply with these obligations.
Please see the End User Licence Agreement for the course you are accessing for specific details.
5.2 Problems with the Services and the Purchaser’s legal rights
We will always use reasonable efforts to ensure that the Company’s provision of the Services is trouble-free. The Company will use reasonable efforts to remedy problems as quickly as is possible and practical.
Although we use reasonable endeavours to ensure that access to our products is available 24 hours a day, seven days a week, we cannot promise that access will be uninterrupted or error-free. You accept that you will not have a claim for breach of contract or otherwise in respect of such period(s) of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the internet, including viruses.
Whilst we make every effort to ensure that our products contain no errors, malfunctions or corruptions, we do not accept responsibility for any damage to or loss of your data on your computer system, network or server that results from the download or use of our products.
As a consumer, you have certain legal rights with respect to the purchase of services. For full details it is recommended that you contact your local Citizen’s Advice Bureau or Trading Standards Office.
5.3 Cancellation
An individual who makes an order personally has a right to cancel within 14 days of the date of purchase, and prior to use of the Services, by written notice to the Company. In this situation the individual agrees to pay an administration fee of 7.5% of the value of the order, or £30, both exc. VAT, whichever is the greater. Payment of the administration fee shall be made within 28 days of receipt of an invoice. Should an individual wish to cancel after use of the Services has begun, the full amount is liable to be paid.
Cancellation of orders made by an organisation or business acting as Purchaser will be looked at on a case-by-case basis. There will be no automatic right of refund for cancellation. Should you wish to discuss a refund, please contact enquiries@evidencebased.education.
6. Our responsibilities and rights
6.1 Providing the services
In consideration of receipt by us of the course fee, the Company grants to the Purchaser a non-exclusive, non-transferable right or licence to use the training course materials for the sole purpose of personal home or school use for the duration of the course.
As required by law, the Company will provide the Services with reasonable skill and care, consistent with best practices and industry standards. The Company will begin providing the Services on the agreed date.
6.2 Registration and your information
For the purpose of accessing the Services, the Purchaser or User will be required to register and provide information about themselves. The information required is name, email address, name of organisation (if relevant) and payment details (where relevant). The Purchaser agrees that the information provided upon registration and is true, accurate and complete and is kept up-to-date at all times.
Any personal information will be held, processed, stored and deleted securely and in line with the General Data Protection Regulation and the Data Protection Act 2018. Please refer to our Privacy Policy for further information.
We may refuse to accept the application to register as a User for any reason at our absolute discretion.
6.3 Quality of the services
The Company will provide the training course materials in accordance with the course description. The Company makes no commitment that the course will meet any specific requirements that the Purchaser has. The Company expects that the Purchaser will take reasonable care to verify that the course will meet their needs. The Company makes no commitment that any particular result will be achieved as a result of using the course materials. Other than the stated minimum technical specification, the Company does not make any commitment that the materials will be compatible with or operate with the Purchaser’s software or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in these terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
6.4 The Company’s liability
The Purchaser’s use of the Services is at your own risk. The Company will be responsible for any foreseeable loss or damage that you may suffer as a result of the Company’s breach of these Terms and Conditions of Purchase or as a result of our negligence (including that of our employees, agents or subcontractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence if it is contemplated by the Company and the Purchaser when the contract is created. The Company will not be responsible for any loss that is not foreseeable.
The Company shall not be liable to the Purchaser for any of the following types of loss or damage arising out of or in connection with the Purchaser’s use of the Company’s product:
- Any loss of profit, loss of earnings, loss of anticipated savings, goodwill or revenue;
- Any loss or corruption of data; or
- Any indirect or consequential loss.
Nothing in these Terms and Conditions of Purchase shall affect your statutory rights or exclude the Company’s liability for fraud, fraudulent misrepresentation or for death or personal injury arising from the Company’s negligence.
Our Services may provide links to third-party websites from time to time. The Company is not responsible in any way for the content of any third-party website or for goods or services provided by the operators of such websites.
6.5 Our rights in relation to User-generated content
Evidence Based Education may monitor the learning platform including any forums in order to ensure compliance with the End User Licence Agreement. We do not, as a rule, pre-screen user-uploaded content but we retain the right to monitor communications through the learning platform and forums along with user groups set up on other social media sites. Evidence Based Education retains the right to refuse to accept or to remove any User-generated content which is deemed to be objectionable or inappropriate without any liability to the User or a third party.
6.6 Suspension and termination of your account
The Purchaser agrees that the Company may, at any time without notice, terminate a User’s account and delete all of the information stored on it, unless it contains course materials that have not exceeded their expiry date. The Company reserves the right to deactivate accounts that are inactive for an extended period of time and also to withdraw all or part of a course at any time.
6.7 Termination
The Company may terminate your access to the course, with or without notice and without liability to you or any third party. The Company may also remove and discard any User-uploaded content at any time, including, but not limited to, where there is belief that there has been a breach of these Terms and Conditions of Purchase.
6.8 Events outside of the Company’s control (force majeure)
The Company cannot be held liable or responsible for any failure to perform, or for any delay if an event outside of our control occurs. Such causes include, but are not limited to: power failure, internet service provider failure, fire, flood, storms, acts of terrorism, pandemic, or any other event that is beyond the Company’s reasonable control.
6.9 Amendments to Terms and Conditions
The Company reserves the right to amend these Terms and Conditions of Purchase from time to time. Any changes will be highlighted and the date of the revision will be indicated. Continued use of the Services by the Purchaser after any such change has been made constitutes acceptance of them.
7. Complaints and feedback
We always welcome feedback from Purchasers and, whilst we always use all reasonable endeavours to ensure that your experience is a positive one, we nevertheless want to hear from you if you have cause for complaint.
If the Purchaser wishes to contact the Company, this is possible by telephone on 0191 5650425 or by email to enquiries@evidencebased.education Should the Purchaser wish to write to the Company, the address is 1 Grange Crescent, Sunderland SR2 7BN.
8. Jurisdiction
These Terms and Conditions of Purchase are governed by and shall be construed in accordance with the laws of England and Wales. Any dispute arising between the parties under or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the English courts.
March 2021
