Terms and conditions of Supply

Terms and Conditions

Please read these terms and conditions, privacy policy and SLAs carefully before using our website. This website is owned and operated by MindBoost Learning Limited (otherwise referred to as “we”, “our” or “us”), a company limited by shares that is registered in England and Wales with the company number 10302356 and the office address of C4DI@TheDock, Queen Street, Hull, HU1 1UU. Using this website indicates that you accept these terms, regardless of whether or not you choose to register with us. If you do not accept these terms, do not use our website or services.

Please note that before you make a purchase you will be asked to agree to these Terms and Conditions. If you refuse to agree to any of these Terms and Conditions, you will not be able to purchase any courses from our site.

1. Purchase of Services

  1. Any purchase of services you make via our website will be governed by our Terms and Conditions of Sale and supported in line with our Service Level Agreement.

2. Access

  1. We reserve the right to remove access to this website and our services in respect of anyone who does not comply with the terms set out herein.
  2. We always try to ensure that our services are always available for you. In the event that our services are unavailable at any time and for any period (for whatever reason) we shall not be liable.

3. Our courses

  1. The images of the courses as presented on our site (consisting of online training courses and associated materials) are set out for illustrative purposes only. Although we have made every effort to display the same colours, type of content and information given accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the courses and/or that the questions and information will be exactly the same. Your courses may vary slightly from those images.
  2. We provide telephone support to customers between the hours of 9am and 5pm (UK time) Mondays to Fridays excluding UK public holidays.
  3. Unless stated otherwise, the intellectual property rights and copyrights for all material displayed on our website (and contained in the online courses and materials accessed via our website) are owned by us or our licensors.
  4. We only supply courses for internal use by you or others within your business or organisation, and you agree not to use them or permit them to be used for any resale purposes.
  5. You may print extracts from our website (or from the online courses accessed through our website) for your own personal, non-commercial purposes. You should not use any extracts from our website for any other purposes. Any rights not expressly granted in these terms and conditions are reserved.
 No part of our website or courses may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved.
 With the exception of the online courses and associated material (which are dealt with in our Terms and Conditions of Sale), the material on our website and Learning Management System is provided on an “as is” basis, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have an effect with respect to our website.

4. Third Party Websites

  1. Links to third party websites on our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these third-party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to by our website, you do so entirely at your own risk.

5. Privacy

  1. Please refer to our Privacy Policy on our website for full details of how your personal information will be handled and processed by us.
  2. We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Notice, as it includes important Terms and Conditions which apply to you.
  3. Unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing will apply: (Data Protection Laws).
  4. Both you and we must comply with all applicable requirements of the Data Protection Laws.
  5. For the purpose of this agreement you agree to our processing the personal data you provide in accordance with our Privacy Notice. You warrant that any data you provide will be accurate and that if such data is not your own and that you are a data controller (for example if you are contracting as a business and providing the details of individuals) for the purpose of the Data Protection Laws, you warrant that you have permission to process the personal data provided and that we are entitled to process the data on your behalf. In addition you agree that we, together with you, as “joint data controllers” are entitled to process the data for the permitted purposes.
  6. We and you as joint data controllers warrant to act, at all material times, in accordance with the Data Protection Laws. We and you each further warrant:
    1. to process shared personal data only for the permitted purpose which is for the provision of online training and reporting via our Website and Learning Management System;
    2. not to disclose or allow access to the shared personal data to anyone other than you or us;
    3. that all shared personal data is accurate, up to date and has at all times been collected, processed, stored and transferred in accordance with all applicable laws;
    4. that all data subjects have been provided with sufficient information to enable fair, transparent and lawful processing and that you and we have all relevant permissions and consents to share the personal data with each other;
    5. that the shared personal data is transferred in a secure manner using appropriate technical and organisational security measures that comply with the obligations of each data controller under Data Protection Laws including but not limited to GDPR Arts 45, 46, 49 and recitals;
    6. to keep all notices and records up to date and accurate and to allow the other joint data controller, from time to time, access to the notices and records;
    7. not, by any act or omission, cause the other joint data controller (or any other person) to be in breach of any Data Protection Laws;
    8. to notify promptly (and in any event within 10 business days) the joint data controller when it becomes aware of:
      1. any change of circumstance which will, or may, or is alleged to impact on the lawfulness of the processing of the shared personal data;
      2. any change in consent or other requests from any data subjects in respect of the shared personal data;
      3. any inaccuracies in shared personal data;
      4. any complaints in respect of the shared personal data;
      5. any personal data breach including notification of the Data Protection Supervisory Authority and or data subjects impacting or relating to any shared personal data.
      6. to retain its own obligations in respect of shared data it receives and will promptly co-operate with and provide reasonable assistance, information and record to assist each other with our respective compliance with Data Protection Laws and in relation to all complaints and data subject requests.
  7. You warrant that you have read and agreed to our Privacy Notice and that you consent to our processing your data on this basis and that you further understand your rights and obligations under the Privacy Notice pursuant to the GDPR.

6. Visitor Material and Conduct

  1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website, store or Learning Management System shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from our website any material that is threatening, defamatory, obscene, or similar. You must have obtained all necessary licences and/or approvals before submitting any information. We reserve the right to remove any material from the website, store and/or Learning Management System that we consider inappropriate or unsuitable.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting inappropriate material.

7. Registration

  1. To participate in online courses via our service you will need to register with us. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
 Information you provide to us during your registration will be dealt with in line with our Privacy Policy.
  2. By registering with MindBoost you are also agreeing for us to send direct marketing and promotional material regarding additional products and services from MindBoost. In line with our Privacy Policy, we will not share this information with any other company and is used solely for the marketing of products and services from MindBoost.

8. Our Agreement

  1. You confirm that you have sufficient authority to bind any business on whose behalf you use our site to purchase any courses.
  2. These Terms and Conditions and any document expressly referred to in them together with the Privacy Notice constitute the whole agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
  3. You acknowledge and agree that in entering into this Agreement you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not set out in these Terms and Conditions or any document expressly referred to in them or our Privacy Notice and Terms and Conditions.
  4. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  5. Our course pages will guide you through the steps you need to take to place an order with us. The order process allows you to check and amend any errors before finally submitting your order to us. Please take the time to carefully review and check your order at each page of the order process.
  6. After your order is placed, you will receive an email from us confirming that we have received your order. However, please note that this does not mean that your order has been accepted.

9. Our right to modify these Terms and Conditions

  1. We review and may modify these Terms and Conditions from time to time.
  2. Every time you purchase courses from Mindboost, the Terms and Conditions in effect at the time of your order will be the ones applicable to the Agreement between you and us.
  3. We review and may vary these Terms and Conditions as they are applicable to your purchase from time to time to reflect changes in regulatory requirements and relevant laws in which case we will notify you accordingly.

10. Delivery

  1. All of our courses are electronic courses and login details for access to them will be provided in accordance with the Confirmation Email.
  2. Delivery of an order shall be completed when we provide you with login details to the email address you gave us.

11. Price of Courses and other fees

  1. The prices of the courses will be as quoted on our website at the time you submit your purchase. We take all reasonable care to make sure that the prices of courses are correct at the time when they are entered onto the system.
  2. Prices for our courses may vary from time to time, but changes will not affect any purchase you have already placed.
  3. The total price of a course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
  4. There are no delivery charges for our courses except that we may charge processing fees for certain payment methods which will be advised to you before you place an order.

12. How to pay

  1. You can only pay for courses using a debit card, credit card or Paypal. We accept the following cards: Mastercard, Visa, Visa Electron, American Express.
  2. Further and subject to our agreement you may request delivery of an invoice from us and make payment for courses by bank transfer or cheque.
  3. Payment for the courses and any applicable payment processing fees are usually made in advance. We will not charge your debit card or credit card until we provide you with login details for the courses you order from us.
  4. Payment of the course fees is otherwise due within 30 days of the date of invoice. We reserve the right to claim interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on overdue fees and also to suspend access to courses until payment is received by us.

13. Liability

  1. Nothing in these Terms and Conditions limits or excludes our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation.
  2. Subject to the above clause, we will under no circumstances whatever be liable to you, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
    • any loss of profits, sales, business, or revenue;
    • loss or corruption of data, information or software;
    • loss of business opportunity;
    • loss of anticipated savings;
    • loss of goodwill; or
    • any indirect or consequential loss.
  3. Subject to the above clause, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Courses save to the extent that cover is provided under our professional liability insurance.
  4. Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Courses. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the courses are suitable for your purposes or the purposes of any learner within your organisation who is intending to do a course.

14. Events outside our control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
  2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or third party online cloud computing platforms.
  3. If an Event Outside Our Control takes place that affects the performance of our obligations to you:
    • we will contact you as soon as reasonably possible to notify you; and
    • our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
  4. You may cancel an order affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us.

15. Right to cancel

  1. You have a legal right to cancel an Agreement under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013 during the period of 14 days after the date you receive a Confirmation Email from us. This means that during this period if you change your mind or decide for any other reason that you do not want a course, you can advise us of your decision to cancel the Agreement and receive a refund. Information and advice about your legal right to cancel the Agreement is available from your local Citizens’ Advice Bureau or Trading Standards office.
  2. To cancel an Agreement in accordance with your legal right to do so, you just need to tell us that you have decided to cancel. You can send us an email at support@mindboostlearning.com or contact our Customer Services team by telephone on 01482 530 532. If you decide to email, please set out full details of your order to allow us to confirm the identity of it. If you send us your notice of cancellation, then your cancellation will take effect from the date on which we receive your email.

16. Your consumer right of return and refund

  1. We are under a legal duty to supply courses that are in conformity with this Agreement. As a consumer, you have legal rights in relation to courses that are defective or not as described. These legal rights are not affected by your right to cancel or other rights contained in the Agreement.
  2. In this case we will usually provide you as soon as practicable with a refund of the price of the courses in full on the debit or credit card that you used to pay (or by another method subject to our agreement and your original method of payment).

17. Implied rights

  1. We do not in any way exclude or limit our liability for any breach of the terms and conditions which implied by under the Consumer Rights Act 2015 (including with regard to digital content corresponding with description, fitness for purpose and being of satisfactory quality) and your rights under that Act.