Terms and Conditions

Thank you for visiting our Website (www.qualifycrve.com), please read these Terms carefully and ensure that you understand them as they set out the Terms of use of the Website, together with any and all other documents, referred to herein, on which you may make use of the Website whether as a guest or registered user. 

By accessing this Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to comply with and be bound by these Terms, you must refrain from using our website immediately. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of this Website and every use thereafter. 

These Terms apply to all orders, you, the ‘consumer’ place with us via the Website and constitutes the entire contract and only agreement between you and us.

1. Definitions

Account means – a registered account on the Website for access to account only areas of the Website and required to place orders for Courses and Services. 

Agreement – means the acceptance by you to purchase Services and/or Courses as detailed on the Website in accordance with these Terms and the acceptance by us to accept your purchase request

Client – means you, consumer(s), person(s), individual(s), Organisation(s), business(es), third-part(ies) using this Website, Courses and Services.

Content/Materials – means any and all courses, course resources, documents, all course material(s), course structure, images and text, images, audio, video, logos, Icons, text, names, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website.

Course(s) – means training courses available for purchase on the Website.

Organisation – means the person, firm or corporate body, company, partnership, together with any subsidiary or associated company as defined by the Companies Act 1985. 

Services – means, products and services available our Website (including but not limited to consultancy services and publications, resources and Materials.

Terms – means Term and Conditions of Use of Website (www.qualifycurve.com)

Website means – www.qualifycurve.com 

2. About us

  • Registered company number: 13227365
  • Registered Office: 17 Shiplake House, Arnold Circus, London, UK, E2 7JR

Support:

In the first instance you should contact us by email at if you require support at:

  • hello@qualifycurve.com 

3. Intellectual property rights

3.1 Qualifycurve has sole intellectual property rights of all Courses and Services on the Website including but not limited to the publications, Materials, Course(s), content, resources and Materials. You are strictly prohibited from publishing, copying, selling, distributing or sharing in any way or format whatsoever (including but not limited to) course information, content, tests and answers in full or in part. 

3.2 You are only permitted to download and use products, resources and Material(s) of Services and Course(s) you have purchased for your own personal use. 

4. Accessing the website

4.1 Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Courses and Services we provide at any time and for any reason, without notice to you. 

4.2 We endeavour to ensure that the Website is always available to you. In the event that the Website is unavailable at any time and for any period (for whatever reason), we shall not be liable even if this means you cannot access Courses and Services during that period.

4.3 From time to time the Website may require updates and maintenance to ensure the services we provide reflects our users’ needs and to maintain high standards of service and delivery. For this reason, the system may be unavailable on rare occasions.  

4.4 Before you may place an order for the first time for any Services or Courses on the Website you must register for an Account. Each Account is for a single user only and You must not share Your Account log in details, course content, details, information or materials with any other person.

5. Content description

5.1 Descriptions, images, specifications, advertising and overview information displayed on the Website in relation to Courses and Services are issued or published for the sole purpose of giving an approximate idea of the Course or Service to be provided. They will not form part of any Agreement between you and us. The Services or Courses delivered may differ in non-material respects from the information provided on the Website.

5.2 We may make changes to the specification or design of the Courses or Services which are required to conform to any applicable safety, statutory or regulatory requirement or do not materially reduce their quality.

5.3 Nothing on the Website constitutes advice on which you should rely. It is provided for general information purposes only. We make reasonable efforts to ensure that the content on the Website is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether expressed or implied) that the content is complete, accurate or up-to-date.

5.4 Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of our failure to exercise reasonable care and skill, any digital content from the Website damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, you should contact your local Citizens Advice Bureau or Trading Standards Office.

6. Placing an order 

6.1 You must register and account on the website before you can purchase a Course(s). Once you have registered an account you can buy and access the course(s).

6.2 You will have immediate access to the Course(s) you purchase once payment has been received.

6.3 You will receive email confirmation of your purchase.

6.4 Our Course selection pages will guide you through the steps you need to follow to place an order with us. Our 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 stage of the order process. 

6.4 All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order for whatever reason (including but not limited to) the Course(s) is no longer being available or because of an error in the price on the Website.  We will inform you as soon as possible by email and we will not process your order any further. If the Course(s) have already been paid for, we will refund you the full amount as soon as practicable.

6.5 Consultancy services are quoted on an individual bases based on the needs of and subject to further terms and conditions the Client, contact us for further information.  

6.6 The Website contains a large number Courses, it is always possible that, despite our best efforts, some of the Courses listed on the Website may be incorrectly priced. We will not be obliged to supply the Course(s) at the incorrect price, even if we have accepted your order. We will inform you via email, using the email you provided during the order process, of the option of continuing to purchase at the correct price or cancelling your order.

7. Payment

7.1 There are no subscriptions required to access our Courses.

7.2 The price of each Course is displayed on the Website at the time you place your order. Unless stated otherwise, all prices on the Website are exclusive of Value Added Tax (VAT). Where applicable VAT will be charged at the current UK VAT rate, other tax rates may apply to overseas consumers.

7.3 Payments must be received in full for any and all the Courses you wish to purchase before your order can be processed. Payments must be made in UK Sterling (£). Payment for the Courses will be taken through our third-party payment provider (as We shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed. 

7.4 Where available, if you purchase a 12-month unlimited access plan and you chose not to renew your 12-month unlimited access plan at the end of the 12 month period, your account will be removed on the 2nd day after the end of the 12 month period and all progress, certificates and logins associated with the account will be deleted. Deleted details cannot be retrieved. 

7.5 All prices are subject to change without prior notice, changes will not affect any order or purchase you have made prior to any price change. Prices may also vary from time to time due to special offers and promotions.

7.6 Where applicable, Organisation can add additional staff to their account if required. Organisation accounts can add additional staff by 100% for less than 20 users and by 50% for over 20 users. If You require further increases, please contact us to discuss your requirements.

8. Promotions and discounts 

8.1 Unless otherwise specified, promotional codes and/or discount offers cannot be used in conjunction with any other offer.

8.2 Any refunds will take into account the discount applied as part of the offer.

8.3 We reserve the right to decline orders where, in our reasonable opinion, a promotion code or discount is invalid for the order being placed or is the subject of fraudulent activity.

8.4 We reserve the right to withdraw a promotion at any time on without notice.

8.5 When you use an offer, you accept our Terms relating to that offer (you are deemed to have accepted them and agree to be bound by them).

8.6 Offers are valid at www.qualifycurve.com only and may not be redeemable through any affiliate partners or resellers.

9. The Agreement between you and us

9.1 These Terms and any additional documents expressly referred to within them (including but not limited to) our data and privacy notice constitute the entire 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. 

9.2 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 or any document expressly referred to in them. 

9.3 You acknowledge and agree that the Agreement between you and us only becomes binding upon your receipt of payment.

9.4 You agree that no variation or alteration of these Terms shall be valid unless agreed between you and us and set out in writing detailing any such variation and is signed by a director of Qualifycurve. 

9.5 You and us agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

9.6 You confirm that you have sufficient authority to bind any Organisation on whose behalf you use the Website to purchase any Course(s) and/or Service(s).

9.7 You acknowledge that if a staff member employed by You leaves your Organisation that you must inform Qualifycurve and ensure that the individual is removed from your account immediately. You agree that it is your responsibility to ensure that left employee’s details are removed from your account. Once an individual has been removed their details cannot be recovered.

9.8 You and us agree that our Agreement is with your Organisation, not with any employee of your Organisation. We are therefore not liable to honour any agreement between employer and employee.

10. Your account

10.1 You need an Account to access Courses on this Website.

10.2 When setting up and maintain your Account you must provide and continue to provide accurate and complete information, including; full name, contact number and a valid email address. 

10.3 You have complete responsibility for your Account and everything that happens on your Account, including for any harm or damage to us or anyone else caused by you or someone using your account with or without your permission.

10.4 You understand you are responsible for all activity associated with your account and agree:

  1. You will choose a strong password for your account, consisting of a combination of lowercase and uppercase letters, numbers and symbols.
  2. You will keep your password safe
  3. You will not share your password with any other person or Organisation
  4. You will not allow any other person or Organisation to use or access your Account
  5. You will notify us immediately by email at hello@qualifycurve.com. if You become aware that your Account has or may have been accessed by anyone else
  6. You will notify us immediately by email at hello@qualifycurve.com. if you become aware or believe there has been any suspicious activity on your account  
  7. We will not be liable for any unauthorised use of your account

10.5 You acknowledge that we may suspend or close your Account without notice and without any refund if we become aware of unauthorised access or improper activity on your account or misinformation associated with your Account, that you have not informed us of immediately. 

10.6 No one under the age of 16 years should create an Account on this Website without obtaining written permission from us before registering an Account. We will normally seek permission for your legal guardian. 

10.7 Personal information from your account will be collected, held and processed in accordance with the Date Protection Act 2018, as set out in our data and privacy notice.

10.8 You can close your Account at any time, closing your Account will result in all details, progress, certificates and logins associated with the account to be deleted, deleted details cannot be retrieved.

11. Acceptable use

11.1 Acceptable use of the Website applies to you, all users, visitors and Organisations.

11.2 Prohibited uses:

  1. You may use our site only for lawful purposes 
  2. You may not use our Website:
  • In any way that breaches any applicable local, national or international law or regulation
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • For the purpose of harming or attempting to harm children in any way
  • For the purpose of harming or attempting to harm any other person, organisation, business or company in any way
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam)
  • To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware

11.3 You agree:

(a). Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms

(b). Not to access without authority, interfere with, damage or disrupt:

    • any part of the Website
    • any equipment or network on which the Website is stored
    • any software used in the provision of the Website or any equipment or network or software owned; or used by any third party

11.4 You agree when submitting any content, comments, materials or communications in any other way using our Website, it must not:

    • Be sexually explicit 
    • Be Obscene, deliberately offensive, hateful or otherwise inflammatory
    • Promote violence
    • Promote or assists in any form of unlawful activity
    • Discriminate against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age
    • Be intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person; Be calculated or is otherwise likely to deceive
    • Intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to
    • Misleadingly impersonate any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive
    • Imply any form of affiliation with us where none exists
    • Infringe, or assist in the infringement of the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or in breach of any legal duty owed to a third party

11.5 Suspension and termination – we shall determine, at our discretion, whether there has been a breach of acceptable use through your use of our Website, we may take such action as we deem appropriate.

11.6 Failure to comply with our acceptable use clause constitutes a material breach of the Terms of this Website upon which you are permitted to use our Website and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our site
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site
  3. Issue of a warning to you
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  5. Further legal action against you
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary 

11.7 We exclude liability for actions taken in response to breaches of the Acceptable Use Clause. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

12. Viruses, Malware and security

12.1 We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware.

12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Website.

12.4 You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website.

12.5 You must not attack the Website by means of a ‘denial-of-service’ attack, a ‘distributed denial of service’ attack or by any other means.

12.6 By breaching the provisions of Clauses 13.3, 13.4 and 13.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Website will cease immediately in the event of such a breach.

13. Liability

13.1 Save to the extent permitted by law, directors and employees of our companies exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of our Website and/or Courses and/or Services.

13.2 We do not exclude or attempt to limit our Liability in any way:

  • For personal injury or death resulting from our negligence;
  • For any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or
  • For fraud or fraudulent misrepresentation

13.3 Subject to the exclusions/limitations set out above, we shall not be liable to you for any indirect or consequential loss or damage of any nature whatsoever arising and whether caused through negligence, breach of contract or otherwise, even if foreseeable, any loss of income or revenue, loss of business, loss of profit of contracts, loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

13.4 Any representation, condition or warranty which might be implied or incorporated into these terms 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 or Service are suitable for your purposes and do not guarantee any specific results from participating in the online Services or Courses.

13.5 We will perform and deliver the Services and Courses with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the Courses or Services.

14. Force majeure

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an “Event outside our control”, (including but not limited) to any act or event beyond our reasonable control, including without limitation, server failures, software failures, strikes, lock-outs 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, pandemic or other natural disaster, or failure of public or private telecommunications networks. 

15. Privacy Notice 

15.1 Please refer to our privacy notices available on our Website for full details on how your personal information is collected and processed by us and information regarding links to and resources on third-party sites.

16. Confidentiality

16.1 You and us shall not during and after termination of this Agreement, whether written or verbal or however communicated, without prior written consent of the other party use, disclose or pass on to any other Organisation or person any information whatsoever of the other party.

17. Notifications 

17.1 All Notices required to be given by either party may be served by email, hand delivery or by post to the address of the other party to whom the notice is being served or any other address that the party has notified in writing. Notices served by email are deemed to have been served on the day the email is sent, notices by post will be deemed to have been delivered 48 hours following posting or if hand delivered on the day of delivery. 

18. Severability 

18.1 If any of the provisions of these Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms and conditions, which shall continue to be valid to the fullest extent permitted by applicable laws. 

19. Customer Conduct

19.1 We will treat you with curtesy and respect in all dealings and communications and expect the same conduct from you. We will not tolerate any verbal or written abuse, or threats of violence and reserve the right to delete users and organisations as appropriate. 

20. Complaints Policy

20.1 It is our aim to provide a high-quality service at all times, if you feel our service to you has fallen below our usual high standards or if you have any suggestions or comments, we would like you to let us know, contact us at hello@qualifycurve.com.

21. Variation of terms

21.1 We reserve the right to amend these Terms at any time. Any revised version will be effective immediately. We may revise and vary these terms from time to time in the following circumstances: 

  • Changes in how we accept payment from you
  • Changes in relevant laws and regulatory requirements; or
  • Any other changes to our operating or delivery processes

21.2 Every time you order Courses or Services us, the Terms in force at that time will apply to the Agreement between you and us.

These Terms (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.

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