Terms of Use – Subscription Users

(1)      Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full.   If you disagree with these terms of use or any part of these terms of use, you must not use our website.

If you subscribe to our website, we will ask you to expressly agree to these terms of use.

Our website uses cookies.  By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy

(2)      Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

(a)     republish material from this website (including republication on another website);

(b)     sell, rent or sub-license material from the website;

(c)     show any material from the website in public;

(d)     reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e)     edit or otherwise modify any material on the website; or

(f)      redistribute material from this website except for content specifically and expressly made available for redistribution

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

(3)      Acceptable use

Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(4)      Subscriptions

In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 4, and “subscriber” means a person who has such a right by virtue of this Section 4.

Access to certain areas of our website is restricted to subscribers.  We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

You may become a subscriber by registering online and paying the respective subscription fees.

You will have the opportunity to identify and correct input errors prior to ordering your subscription during the registration process.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website.  For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The subscription charges will be as set out on our website from time to time.  All subscription charges stated on the website are stated inclusive of VAT.

You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.

We may vary subscription charges from time to time by posting new charges on our website.  However, such variations will not affect subscriptions that have already been paid for.

Your subscription will be activated automatically within 24 hours following receipt of your subscription charges in cleared funds.  Your subscription will continue for the relevant period set out on our website, subject to early termination in accordance with these terms of use.

We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website.  Subscribers must ensure that their login and password details are kept confidential.  You must notify us in writing immediately if you become aware of any unauthorised use of your login or password.  You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure. 

You must not use any other person's login and password to access our website.

During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the premium content areas of the site.

If you are contracting as a consumer, you may cancel a subscription at any time within 7 working days, beginning on the day after you received our acknowledgement of payment of your subscription charge, providing that you have not accessed the restricted areas of the website during that period. If you cancel a subscription in accordance with this provision, you will receive a full refund of the price paid.  We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your valid notice of cancellation.  Your notice of cancellation should be sent to the address or email address at the end of these terms of use.

(6)      Limited warranties

We warrant to subscribers that the subscription service will be provided with reasonable care and skill, and that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a subscription.

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information.  We do not warrant the completeness or accuracy of the information published on this website.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)      Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.  If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

Unless you contract with us under these terms of use as a consumer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use.  This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

(8)      Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

(9)      Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)        send you one or more formal warnings;

(b)        temporarily suspend your access to the website;

(c)        permanently prohibit you from accessing the website;

(d)        block computers using your IP address from accessing the website;

(e)        contact your internet services provider and request that they block your access to the website;

(f)        bring court proceedings against you for breach of contract or otherwise;

(g)        suspend and/or delete your account with the website; and/or

Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber's subscription.  Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

We may also cancel subscriptions on 30 days' written notice without cause.  Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).

(10)    Third party websites

Our website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

(11)    Trade marks

KnowledgeBrief and our logo are trade marks belonging to us.  We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights. 

The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(13)    Variation

We may revise these terms of use from time-to-time.  Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

(14)    Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. 

(15)    Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16)    Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17)    Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18)    Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of England and Wales.

(19) Qualifications

Although the qualifications can be offered to learners from age 18, in practice the majority of learners at this level would be expected to be over 19. CMI does not specify entry requirements for these qualifications, but Centres are required to ensure that learners admitted to the programme have sufficient capability at the right level to undertake the learning and assessment.

KnowledgeBrief might ask for a copy of an applicant’s CV and reserve the right to ask for a short test piece of work to be written to ensure appropriate written skills.

We reserve the right to un-enrol candidates and discontinue tutor support for candidates that do not demonstrate the expertise, experience, prior-learning or capabilities in written English that are appropriate and required to the course selected.

(20)    Our details

The full name of our company is KnowledgeBrief Ltd. 

We are registered in England & Wales under registration number 0545162

Our VAT number is 940 494 418

Our registered address is 15 Highbury Place, London, N5 1QP. 

You can contact us by email to [email protected]

Terms of Use - Download Agreement

(1)      Introduction

Please read the download agreement carefully. 

You will be asked to expressly agree to the download agreement before you place an order for downloads on our website. 

(2)      Interpretation

In the download agreement, “we” means KnowledgeBrief Ltd. (and “us” and “our” will be construed accordingly); “you” means our customer or potential customer for downloads (and “your” will be construed accordingly); and “Ebooks” means the ebooks and any other downloadable files that you purchase from our website.

(3)      Order process

The advertising of downloads on our website constitutes an “invitation to treat”; and your order for downloads constitutes a contractual offer.  The download agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into the download agreement, you will need to take the following steps: (i) you must add any downloads you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must confirm your order and your consent to the agreement; (iv) payment is made by SagePay, and you will be required to enter the required information in to the relevant section; (v) we will send you an initial acknowledgment to the email address you used to register, or you will be directed to the order acknowledgement screen; and (vi) we will send you an email confirmation that the download agreement has come into force (shortly after which you will be able to access your downloads via your website account).

We will not file a copy of the download agreement specifically in relation to your order.  We may update the version of the download agreement on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you print and retain a copy of the download agreement for your records.

The only language in which we provide the download agreement is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by being asked to confirm that all details are correct before you proceed.  You may correct those input errors before placing your order by clicking no and returning to the edit screen.

(4)      Downloads

The downloads available for purchase are Acrobat PDF files of the KnowledgeBrief concept content.  These are representations of the screen based content available to view on the website, but may contain some variation as some of the functions are not able to be accurately translated into print format.  All downloads are protected under Copyright law, and KnowledgeBrief is a registered Trademark.

(5)      Price and payment

Prices for downloads are quoted on our website.  The website contains a large number of downloads and it is possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a download's correct price will be stated when you pay for the download.

Payment must be made upon the submission of your order.  We may withhold the downloads if the price is not received from you on time, in full, in cleared funds.

The prices on the website include all value added taxes (where applicable).

Payment for all downloads must be made by SagePay OR any method detailed on the website from time to time.

Prices for downloads are liable to change at any time, but changes will not affect download agreements that have come into force.

(6)      Your warranties

You warrant to us that:

(a)     you are legally capable of entering into binding contracts;

(b)     you have full authority, power and capacity to agree to the download agreement;

(c)     the information provided in your order is accurate and complete; and

(d)     you have access to the necessary computer systems, software and network connections to receive and enjoy the benefit of the downloads that you purchase.

(7)      Licence to use downloads

Subject to your payment of the applicable price and compliance with the terms of the download agreement, we grant to you a worldwide non-exclusive non-transferable licence to make any Permitted Use of any Ebook; providing that you must not in any circumstances make any Prohibited Use of any Ebook.

The “Permitted Uses” are the following uses insofar as done for personal and non-commercial purposes:

(a)     downloading a copy of each Ebook;

(b)     storing and viewing a single copy of each Ebook on a single desktop or notebook computer[s];

(c)     storing and viewing a single of each Ebook on a single ebook reader[s], PDA[s] or similar electronic device[s];

(d)     printing a single copy of each Ebook solely for personal use.

The “Prohibited Uses” are:

(a)     the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any Ebook or any part of any Ebook in any format;

(b)     the editing, modification, adaptation or alteration of any Ebook or any part of any Ebook;

(c)     the use of any Ebook or any part of any Ebook in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;

(d)     the use of any Ebook or any part of any Ebook to compete with us, whether directly or indirectly;

(e)     any commercial use of any Ebook or any part of any Ebook.

All rights in the downloads not expressly granted in the download agreement are hereby reserved.

You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on any Ebook.

The rights granted to you in the download agreement are personal to you, and you must not permit any third party to exercise these rights.

If you breach any of the terms of the download agreement, then the licence set out in this Section [7] will be automatically terminated upon such breach (whether or not we notify you of termination). 

Upon the termination of the licence set out in this Section [7], you will promptly and irrevocably delete from your computer systems and other electronic devices all copies of the Ebook(s) in your possession or control, and will permanently destroy any paper or other copies of the Ebook(s) in your possession or control.

(8)      Consumer rights

Nothing in the download agreement affects any statutory rights you may have as a consumer.

If you are contracting as a consumer, you may cancel a download agreement at any time within 7 working days, beginning on the day after the download agreement comes into force, providing that we have not actually made available for download / you have not actually downloaded the download(s) purchased under the agreement during that period.

If you cancel a download agreement in accordance with this provision, you will receive a full refund of the price paid. Your notice of cancellation should be sent to the address or email address at the end of the download agreement.

(9)      Limitation of warranties

The download agreement sets out the full extent of our obligations and liabilities in respect of the downloads supplied hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [12], all conditions, warranties or other terms concerning the downloads which might otherwise be implied into a download agreement are expressly excluded.

(10)    Refunds

If you cancel a download agreement and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(11)    Force majeure

In this Section and Section [12] below, “force majeure event” means:

(a)     any event which is beyond our reasonable control;

(b)     hacker attacks, or virus or other malicious software attacks or infections;

(c)     problems with the internet, part of the internet, or any third party internet service provider; and/or

(d)     power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under the download agreement, those obligations will be suspended for the duration of the force majeure event.

(12)    Limitations and exclusions of liability

Nothing in the download agreement will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the download agreement.

The limitations and exclusions of liability set out in this Section [and elsewhere in the download agreement]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the download agreement or in relation to the subject matter of the download agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(14)    Download agreement termination

We may terminate a download agreement immediately by written notice to you if you fail to pay, on time and in full, any amount due to us under the download agreement, or if you commit any breach of your obligations to us under the download agreement.

(15)    Consequences of termination

Upon the termination of the download agreement:

(a)     we will cease to have any obligation to make available or deliver downloads which are undelivered at the date of termination;

(b)     subject to Section [8], you will not be entitled to any refund and will continue to have an obligation to pay for downloads; and

(c)     all the provisions of the download agreement (including without limitation the licence in Section [7]) will cease to have effect, except that Sections [12, 13, 15 and 16] will survive termination and have effect indefinitely.

(16)    General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

The download agreement may only be varied by an instrument in writing signed by both you and us.  We may revise the download agreement published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of the download agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
 
No waiver of any provision of the download agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of the download agreement.
 
You may not transfer, assign, charge, sub-contract, sub-license or otherwise deal in any of your rights or obligations arising under the download agreement.   Any attempt by you to do so will be null and void.  We may transfer, assign, charge, sub-contract, sub-license or otherwise deal in any or all of our rights or obligations arising under the download agreement, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under the download agreement.

The download agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement of the download agreement is not subject to the consent of any person who is not a party to the download agreement.

Subject to the first paragraph of Section [12]: the download agreement contains the entire agreement and understanding of the parties in relation to the purchase of downloads from our website, and supersedes all previous agreements and understandings between the parties in relation to the purchase of downloads from our website; and each party acknowledges that no representations not expressly contained in the download agreement have been made by or on behalf of the other party in relation to the purchase of downloads from our website.

The download agreement will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to the download agreement.

(17)    About us

Our full name is KnowledgeBrief Ltd. 

Our registered office is 15 Highbury Place, London N5 1QP. 

Our company registration number is 0545162. 

Our email address is [email protected]

Our VAT number is 940 494 418.