QUALS DIRECT – END USER LICENCE AGREEMENT

PLEASE READ THESE TERMS CAREFULLY

BY USING THE EPORTFOLIO YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT PERMITTED TO USE THE EPORTFOLIO.

Who we are and what this agreement does

We Quals Direct Ltd of Cadman House, Wharf Road, Sale, Cheshire, M33 2AF license (us, our or we) you to use:

  • the online ePortfolio accessible on this domain/sub domain of quals-direct.co.uk (ePortfolio);
  • the software as a service, available on the ePortfolio (Software) and any updates or supplements to it;
  • any and all user manuals, instructions, videos, brochures or similar media relating to the ePortfolio made available by us (Documentation); and
  • all visual, audio and audio-visual content and materials that we or other users of the ePortfolio post or upload, or disseminate, distribute or transmit through the ePortfolio including all video, pictures, photographs, text, sound clips, posts, comments, graphics, software, advice, recommendations, data, slides, images, files, links, information, chats and any other content and materials (Content)

as permitted by these terms.

Your privacy

We only use any personal data we collect or process through your use of the ePortfolio in the ways set out in our Privacy Policy. Please note that personal data that you upload when using the ePortfolio is stored inside the United Kingdom.

Contacting us (including with complaints)

If you think the ePortfolio is faulty or there are any inaccuracies in the content or you wish to contact us for any other reason please email at support@quals-direct.co.uk or call on 0161 969 5231.

How we will communicate with you. If we have to contact you we will do so by email or telephone using the contact details you have provided or have been provided by our Customer on your behalf.

A notice delivered by email, will be treated as delivered on the day of delivery unless a notice of unsuccessful transmission has been received or unless this is after the normal working hours of the recipient in which case delivery will be treated as occurring on the next working day.

How you may use the ePortfolio

In return for your agreeing to comply with these terms you may:

  • view, use and display the ePortfolio on your devices for your personal and/or professional purposes only;
  • use any Documentation to support your permitted use of the ePortfolio.

We are giving you personally the right to use the ePortfolio as set out above. You may not otherwise transfer the ePortfolio, or permit access to the ePortfolio via your profile or otherwise, to a third party, whether for money, for anything else or for free.

You are responsible for maintaining the confidentiality and security of your username and password for the ePortfolio, and must contact us immediately if you know or suspect that your account has been accessed by a third party.

You are also responsible for supplying all equipment, internet access and bandwidth needed to properly access and use the ePortfolio.

ePortfolio Support

Support is available to all Users Monday to Friday between 9am and 5pm excluding UK public holidays, via emailing support@quals-direct.co.uk or calling 0161 969 5231. We aim to resolve any Support Tickets raised within 8 business hours.

Our Technical Team monitor usage on the ePortfolio, any errors which may occur are automatically reported to the team to resolve via the Support Ticketing system.

ePortfolio Availability 

Ths ePortfolio is accessible 24/7 unless prior notice has been given for scheduled maintenance, which as much as possible will be undertaken outside of normal office working hours in the UK. We aim for a minimum of 99% uptime of the ePortfolio over the course of a month, allowing time for essential repairs and unforeseen events.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce or to reflect changes in the terms of any supplier.

We will give you at least 7 days’ notice of any change by sending you an email with details of the changes.

If you do not accept the notified changes you will not be permitted to continue to use the ePortfolio.

Changes to the ePortfolio

From time to time we may, by releasing updates, automatically change the ePortfolio to improve performance, enhance functionality, reflect changes to the operating system or address security issues, as well as suspend access to the ePortfolio.

We are not responsible for other websites we link to or files uploaded by end users

The ePortfolio may contain links to other independent websites and downloadable files which are not provided by us. Such independent sites and media files are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites or download media files from the ePortfolio.

Licence restrictions

You agree that you will not:

  • copy, modify, adapt, translate, or otherwise create derivative works of the ePortfolio, Software, Documentation, Content, Our intellectual property rights (including, without limitation, all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in software or computer programs, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) (Intellectual Property Rights) or any software, Software, or other technology of the third-party vendor(s) or hosting partners(s) who provide the infrastructure, hardware, software, networking, storage and related technology required to operate and provide the ePortfolio, Documentation or Content;  
  • store, distribute, post, upload or transmit any Content through the ePortfolio that (a) is or is at risk of being perceived to be unlawful, embarrassing, harmful, threatening, bullying, libellous, defamatory, obscene, harassing, annoying, racially or ethnically offensive, inciting hatred or invasive of a person’s privacy; (b) facilitates or promotes illegal activity, violence, discrimination based on race, gender, colour, religious or philosophical belief, sexual orientation, disability or any other illegal activities; (c) depicts or contains sexually explicit or pornographic images; and/or (d) infringes the Intellectual Property Rights of a third party;
  • use the ePortfolio in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • knowingly introduce any virus, worm, malware, spyware, trojan horse or other harmful or malicious code to the ePortfolio;
  • exceed any maximum storage, posting, uploading or using data restrictions in respect of the ePortfolio;
  • do anything which may negatively impact the ePortfolio IT system or environment or availability of the ePortfolio;
  • attempt to duplicate, modify, sub-license, copy, adapt, distribute, market, lease, create derivative works from or resell the ePortfolio (or any part of it including any of the Software, Documentation or Content);
  • access and use the ePortfolio in order to build a product or service competitive with the ePortfolio;
  • attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the ePortfolio (including any of the Software) or to discover or disclose the source code, methods and concepts embodied in the ePortfolio (including any of the Software) except as may be allowed by any applicable law;
  • alter, obscure, remove, conceal or otherwise interfere with any markings on or in the ePortfolio;
  • use the ePortfolio for the purposes of direct marketing or promotion;
  • circumvent or manipulate any of the restrictions or security-related features within the ePortfolio;
  • engage in any deceptive, unfair or misleading practice and/or in violation of  any applicable law;
  • use the ePortfolio in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the ePortfolio; and
  • collect or harvest any information or data from the ePortfolio or underlying systems or attempt to decipher any transmissions to or from the servers running the ePortfolio.

Intellectual Property Rights

All Intellectual Property Rights in the ePortfolio throughout the world belong to us and the rights in the ePortfolio are licensed (not sold) to you. You have no rights in, or to, the ePortfolio other than the right to use it in accordance with these terms.

You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the ePortfolio suggested by you, and any and all Intellectual Property Rights contained therein, will become our property, and you assign and agree to assign any and all right, title, and interest to any rights in such suggestions to us.

You agree not to make any representation, promise, warranty or other statement of fact about the ePortfolio that is not expressly set out in the Documentation. You agree that you will not make any representation, promise or warranty or other pledge, or incur any liability, on its behalf or purport to pledge its credit or make any contract binding on us.

You agree not disassemble, decompile or otherwise reverse engineer the ePortfolio.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

We are not in any circumstances responsible for any of the following losses (whether foreseeable or unforeseeable): loss of profits; loss of revenues; loss of business or business opportunity; loss, deletion or corruption of content or data; computer failure or malfunction; or denial of service.

We will not be liable for any loss or damage caused by any virus or other malicious or technologically harmful material that may infect your computer equipment due to your use of the ePortfolio or to your downloading of any material posted on it, or on any website linked to it.

Limitations to the ePortfolio

We do not warrant that the ePortfolio will meet your requirements or that they will be suitable for a particular purpose. It is your sole responsibility to determine that the ePortfolio meets your needs.

You agree that the ePortfolio is provided “as is” and “as available”. To the fullest extent permitted by applicable law, we exclude all terms, conditions, warranties and representations that are not expressly set out in this agreement (including any implied terms, whether in statute, equity, common law, course of trade or dealing or otherwise) including any as to merchantability, fitness for a particular purpose, non-infringement, the level of skill and care to be applied by us and any others whatsoever. You acknowledge that you are dealing with us as an ePortfolio, and not as a Training Organisation, Employer, College or Awarding Organisation.

We do not guarantee that use of the ePortfolio will be uninterrupted or error free at all times and in all circumstances, nor that such interruption or errors will be corrected. If for any reason we expect the ePortfolio to be down for a longer period than expected for routine maintenance, we will use reasonable efforts to publish in advance details of such activity to you via email.  We will not be liable for any interruption or use of the ePortfolio unless due to our negligence.

Please back up any Content that you provide to the ePortfolio. We recommend that you back up any Content that you provide, to protect yourself in case of problems with the ePortfolio.

We are not responsible for events outside our control. If our provision of the ePortfolio or support for the ePortfolio is delayed by an event outside our control then we will not be liable for delays caused by the event.

Circumstances in which we may end your rights to use the ePortfolio

We may end your right to use the ePortfolio and/or restrict access to, disable (on a permanent or temporary basis) remove, delete and/or destroy any Content at any time if:

  • you have broken, or we reasonably suspect that you have broken, the terms of this agreement; or
  • our Customer terminates its relationship with us, or we terminate our relationship with them; or
  • for any other reason we may choose (in our absolute discretion).

If we terminate the ePortfolio and/or end your rights to use the ePortfolio you must stop all activities authorised by these terms, including your use of the ePortfolio.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always inform you via email if this happens and we will ensure that the transfer will not affect your rights under this agreement.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree in via email.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the ePortfolio in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the ePortfolio in either the Northern Irish or the English courts.

 

Version 2.0 – September 2018