Detailed Terms of Engagement

These Detailed Terms of Engagement of Use ("Detailed Terms of Engagement") were last updated on Feb 20, 2019. We recommend that you print a copy of these Candidate Terms for future reference.

1.    Introduction

This document sets out the Terms and Conditions ("Detailed Terms of Engagement") on which EFACE Softwares LTD (Company No. 09073593) ("Portal Owner") provides subscribers with access to its career enhancement portal “LearningPlus” (for “Candidates”) through https://learningplus.efacesoft.co.uk website ("LearningPlus " or “LearningPlus Portal” “Website” or “Portal”). Please read these terms very carefully before using the portal and the Training Coordinator/EFACE staff services. By accessing or using this portal in any way, including using the service, completing the registration process, paying regular periodic payments, paying for exclusive services, agreeing to job search services, you agree that you have full capacity and authority to enter into this agreement on behalf of the self or organisation. If you do not accept these terms, you will not be able to use the portal and the services.

2.    Accounts

You need an active subscription for all the activities and use of offerings on our Portal, including to purchase a subscription or purchase of other service offerings. You must provide and continue to provide accurate and complete information, including a valid email address and contact details at the time of setting up and maintaining your account. You are completely responsible for your account and everything that happens on your account and subscription, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Portal Owner will not intervene in disputes between subscribers who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting your training coordinator. We may request some information from you to authenticate you .

All subscriber must be at least 18 years of age to create an LearningPlus account on the portal use the Services provided. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to talk to us to discuss your specific requirement and help you with a subscription that is appropriate for you. If you are below this age of consent to use online services, you may not create a LearningPlus account. If we discover that you have created an account that violates these rules, we will terminate your account.

You can terminate your account at any time by following the steps instructed by your training coordinator. Check our Privacy Policy to see what happens when you terminate your account.

3.    Registration

In order to use the subscription and non- subscription services, the subscriber shall first be required to register with the LearningPlus portal by completing the online registration form by providing full name, email and creating a strong password. User shall then complete the user details form providing the contact details; desired role profile. Furthermore, the user shall download the terms of engagement agreement and upload the duly signed copy of the same. Lastly user shall provide consent for LearningPlus Team to process their data, any opt in/out options and acknowledgement of acceptance of their Detailed Terms of Engagement with LearningPlus portal and portal owner. The terms of engagement and Detailed Terms of Engagement between the portal owner and the subscriber commences upon clicking on Register Me button on registration form.

Once above primary account creation activities are performed by the subscriber, the training coordinator shall, upon verifying the accuracy of the information engage with prospective subscriber to generate suitable subscription product. This shall lead to creation of the appropriate order and invoice paperwork. The entire paperwork shall be available for the subscriber for view and comment on during the entire process.

The subscription shall be active from this point granting the subscriber full access to their account. They can verify the order and invoices and make subscription payments to the portal owner’s designated bank account provided on their account dashboard as per the payment plan described on the order summary page and linked order details.

If training coordinator has reason to believe that the information provided by the subscriber to register and use any of the subscription and non- subscription services breaches or is likely to breach any of the provision in these Detailed Terms of Engagement and terms of engagement with the LearningPlus portal, the training coordinator, on behalf of the portal owner, at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the subscriber's subscription contract.

4.    Subscription Access and Use

Under the terms of engagement through this agreement, as a subscriber, when you enrol with LearningPlus, whether it’s a subscription (standard or Premium) or Paid services, Portal Owner grants you a limited, non-exclusive, non-transferable subscription to access and view and consume the services and associated content for which you have paid all required fees

All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by an authorized representative of the portal owner.

5.    Payments, Credits, and Refunds and Refund Credits

When you make a payment, you agree to use a valid payment method. If you aren’t happy with any part of your subscription offering, you shall immediately discuss it with your training coordinator. We issue full refunds of the service modules which are not used. It is mandatory that you provide honest and accurate information to the training coordinator to enable the calculation of accurate refund. It is your responsibility to provide necessary documentation or paperwork requested on your portal or by your training coordinator as a part of this refund process. Any failure to provide such information or paperwork would result in cancellation of the refund and we reserve the rights to reclaim the refund issued

If the subscription you purchased is not what you were expecting, you can request, within 30 days of your purchase of the subscription, that LearningPlus apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners and other factors.

No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if a subscription you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. LearningPlus also reserves the right to cancel any refund issued beyond the 30-day limit in cases of suspected or confirmed account fraud or non-fulfilment of the terms of your refund conditions

At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a subscription that you want to refund or if you’ve previously refunded a subscription, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Detailed Terms of Engagement, you will not be eligible to receive a refund. We also reserve the right to exercise a legal option to reclaim the refund thus obtained.

5.1 Pricing

The prices of your subscriptions on LearningPlus Portal are determined based on the itemised units involved in the subscription offering. The portal also has the non- subscription-based services which are explained in detail and indicate the price range.  

All prices are in GBP and payable into Portal Owner’s UK Bank Account.

All prices are inclusive of local taxes applicable to the portal owner.

The detailed information of the prices of any subscription and non- subscription services the subscriber engaged in are available to the subscriber in their designated subscriber area. Any variations to the same are to be agreed with the training coordinator.

5.2 Payments

You agree to pay the fees for the subscription that you configure and purchase, and you authorize us to charge you for those fees. Check our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the subscription you are enrolling in, you agree to pay us the corresponding fees within fifteen (15) days of notification from us. We reserve the right to disable access to any subscription for which we have not received adequate payment.

6.    Content and Behaviour Rules

You may not access or use the subscription and or services procured or create an account for unlawful purposes. Your use of the subscription, services and behavior on our portal must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If we are put on notice that you have violated or intend to violate the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity or you have gained confidential data), if we discover that your subscription usage, information provided or behavior is not in line with general principle and spirit of the portal or if we believe your usage or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or provided confidential data), we may remove your content from our portal. Portal Owner complies with copyright laws. We reserve the right to hand over the data and all related information to the authorities to take appropriate action against you.

LearningPlus has discretion in enforcing these Detailed Terms of Engagement. We may terminate or suspend your permission to use our portal and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the portal and use of our Services. Your data may still be available on the portal even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

7.    Use of Portal and Subscriber Data

The information and subscription and non- subscription services available on the site are provided for the sole purpose of subscribers looking for career enhancement opportunities, career and professional development. You may use, print and download information from the portal for these purposes only and for no other personal or commercial purpose.

The training coordinator will log all the interactions with the subscriber in an interaction log including the snippets of the conversations they have had via email, telephone, webchat or electronic message. This data will be available to the subscriber for transparency reasons. Any misinformation in this log shall be brought to the notice of the training coordinator as soon as possible

Your training coordinator can reset the password and user credentials upon your request upon your authentication

8.    Data Protection Legislation

Subscriber data shall be handled as per:

(i) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation (UK Legislation), for so long as the GDPR is effective in the UK, and (ii) any successor legislation to the GDPR and UK Legislation.

9.    Using LearningPlus at Your Own Risk

When you use our Services or subscription, you will find links to other websites, third party information that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

You are solely responsible for determining the suitability of the subscription and or non- subscription services you decide to purchase from us.

 

10. Portal Owner’s Rights

All right, title, and interest in and to the LearningPlus portal and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of Portal Owner. Our portal and services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing gives you a right to use the Portal and Portal Owner name or any of their trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding them or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

11. Miscellaneous Legal Terms

11.1       Binding Agreement

You agree that by registering, accessing, or using our subscription and non- subscription services, you are agreeing to enter into a legally binding contract with Portal Owner. If you do not agree to these Detailed Terms of Engagement, do not register, access, or otherwise use any of our Services.

Any version of these Detailed Terms of Engagement in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Detailed Terms of Engagement (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us

If any part of these Detailed Terms of Engagement is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Detailed Terms of Engagement will continue in effect.

We reserve the rights to enforce any terms of the Detailed Terms of Engagement agreement in future in light new information available at that point in time. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

11.2       Disclaimers

You are exclusively accepting that you will not have any legal option against us in any of following types of cases where things don’t work out right.

1.    It may happen that our portal is down, either for planned maintenance or because something goes down with the site.

2.    It may happen that one of our training coordinators is making misleading statements in course of their subscription discharge duties.

3.    It may also happen that we encounter security issues.

4.    It may happen that one of our training coordinators has inadvertently acted on false information provide to him/her by you or third party in the course of their subscription discharge duties directly benefiting you

5.    It may happen that we receive a third-party claim for the fraudulent data supplied by you. In such an instance you are liable for any damages for the legal ramifications of your actions

6.    Any similar examples.

You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right.

The Services and their subscription content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, staff, rest of the subscribers, clients and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, rest of the subscribers, clients, partners, staff and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the subscription and non- subscription services at any time and for any reason. Under no circumstances will the portal owner or its affiliates, suppliers, partners, clients or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the subscription and non- subscription services caused by events beyond our reasonable control, like an act of war, pandemic, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

11.3       Limitation of Liability

There are risks inherent to using our subscription and non- subscription services, for example, if you make a job application based on our input and your prospective employer withdraws a job offer. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our portal and subscription and non- subscription services.

To the extent permitted by law, we (and our group companies, suppliers, clients, rest of the subscribers, partners, staff and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, misdemeanour, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, clients, rest of the subscribers, staff and agents) to you or any third parties under any circumstance is limited to the greater of fifty pounds (£50).

11.4       Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless portal owner, our group companies, and their officers, staff, subscribers, clients, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the information provided by you for your subscription, (b) your use of the subscription and non- subscription services (c) your violation of these Detailed Terms of Engagement, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

11.5       Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than two (2) years after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to [email protected]).

11.6       Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

11.7       No Assignment

You may not assign or transfer these Detailed Terms of Engagement. For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. The promotional exclusions apply when your subscription allows a buddy candidate. We may assign these Detailed Terms of Engagement to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

12.  Dispute Resolution

12.1       Location

This Dispute Resolution section applies only if you live in the United Kingdom.  Most disputes can be resolved, so before bringing a formal legal case, please first try contacting your training coordinator

12.2       Governing Law and Jurisdiction

These Detailed Terms of Engagement shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts

12.3       The Entity

When these Terms mention “LearningPlus,” they’re referring to the Portal Owner entity that you’re contracting with.

12.4       No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means that neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action

12.5       Updating These Terms

From time to time, we may update these Detailed Terms of Engagement to clarify our practices or to reflect new or different practices (such as when we add new features), and LearningPlus Portal and Portal Owner reserves the right in its sole discretion to modify and/or make changes to these Detailed Terms of Engagement at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our subscription and non- subscription services area. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

13. How to Contact Us

The best way to get in touch with us is to contact your training coordinator using [email protected]

We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for trusting us with your dream career!

 

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