Terms and Conditions

Part 1: General Terms and Conditions

1. Interpretation
   1. The definitions and rules of interpretation in this clause apply to these terms and conditions.

      App:	The mobile application to be developed by GP Update Limited in due course that will be purchased from an appstore and downloaded or streamed onto a mobile phone or other handheld device.
      Chargeable Content:	Digital content made available only through our paid-for subscription service.
      CPD System:	Continuous professional development record system.
      Free Content and Services:	Digital content and services we provide for free on our website.
      Intellectual Property Rights:	patents, rights to Inventions, copyright and related rights, trade marks, trade names, rights to use domain names, rights in get-up, goodwill and the right to sue for passing off and unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights to use and preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
      Virus:	any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
      Vulnerability:	a weakness in the computational logic (for example, code) found in software and hardware components that when exploited, results in a negative impact to the confidentiality, integrity, or availability, and the term Vulnerabilities shall be construed accordingly.

   2. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
   3. Reference to "products" includes our Subscription Service, training courses, webinars, face to face courses and online courses, digital reference material, printed reference material and any other services or materials which may be purchased from us.
2. These terms
   1. What these terms cover. These are the terms and conditions on which we make our website available and supply our products and services to you.
   2. How these terms are set out. We have divided these terms into three parts to make them easier to read:
      1. Part 1 sets out our general terms and conditions;
      2. Part 2 sets out our terms about our Subscription Service;
      3. Part 3 sets out our terms and conditions about our App; and
      4. Part 4 sets out our terms about our training courses both digital and face to face.
      You must ensure you read Part 1 together with Part 2, Part 3 and/or Part 4 depending on which products apply to you.
   3. Why you should read them. Please read these terms carefully before you purchase our products or download our App as your order will constitute acceptance of these terms. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
   4. Are you a business customer or a consumer? We only provide our products to businesses and their employees and workers or to individuals using our services for professional development in connection with their trade, business or profession. By creating an account with us, you are confirming that you are a medical professional, manager or administrator and that you are not a consumer.

      Information about us and how to contact us

   5. Who we are. We are GP Update Limited a company registered in England and Wales. Our company registration number is 7135974 and our registered office is at One Canada Square, London, E14 5GS. Our trading name is “Red Whale” which is protected as a registered trademark.
   6. Our website. We operate https//redwhale.co.uk and associated subdomains and this is where you can create an account with us and access, or make an order for, our products, services and content.
   7. How to contact us. You can contact us by telephone on 03330 093 090 (charged at the same rate as standard landline numbers starting with 01 or 02) or by writing to us at mail@redwhale.co.uk.
   8. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you created an account or placed an order with us.
   9. All of our products are directed for customers within the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations. If you are located outside of the United Kingdom, by continuing to access, view or make use of our website and any related content and services, you hereby warrant and represent to us that these terms and conditions do not contravene your local laws. If this is not the case, you must immediately discontinue use of our website and any related content and products.
   10. You must not rely on information on our website or products. The content on our site and products are provided for general professional development only. It is not intended to amount to advice on which you should rely and should not replace your own clinical judgement. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website or provided as part of our training courses and webinars.
   11. Although we make reasonable efforts to update and check the information in our videos, webinars, training courses and accompanying downloadable resources are accurate and correct at the date of publication or presentation, we make no representations, warranties or guarantees, whether express or implied, that the information in our products is accurate, complete or up to date.
   12. You agree to indemnify us, including our respective officers, directors, employees, agents, information providers and licensors, parent companies, subsidiaries, affiliates on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred arising out of or in connection with your reliance on any information displayed or provided on our website, App, as part of our Free and Chargeable Content and Services or any other service or products supplied by us.
   13. There are other terms that may apply to you. The terms of our privacy policy, available on our website or click here, applies to you and provides you with information on how we process your personal data. We may create new policies and update these terms from time to time which will be displayed as a pop-up when you visit our website or update our App.
   14. The terms and conditions of the appstore from which you download our App may also apply. Please ensure you have reviewed, and agree to, its rules and policies.
   15. When you create an account with us your account details are confidential. To use our Free and/or Chargeable Content and Services you must create a user account with us. You will be required to create a username and password. You must keep this information confidential and you must not disclose it or share it with anyone else. You must ensure the information you provide is correct and you are responsible for keeping it up to date.
   16. You will be responsible for all activities that occur with your user account. If you suspect someone else has access to your password, please change it immediately using the password reset function on our website and let us know as soon as possible if your account has been compromised. If we suspect that your user account has been misused, we reserve the right to ask you to change your password and we may suspend your access to our website, App, CPD System and the Free and Chargeable Content and Services indefinitely or until we are satisfied that your account is no longer compromised.
   17. Content may vary. The digital content on our website and the content of our training courses, webinars and other materials will be updated from time to time. The Chargeable Content will be subject to change throughout the duration of your subscription. Changes may be needed for different reasons, including but not limited to, updates needed to reflect changes in relevant laws and regulatory requirements or to implement technical adjustments and improvements.
   18. Not all Free Content and Services are guaranteed to remain free of charge. We also reserve the right to remove any content permanently with immediate effect. If we remove Chargeable Content, where possible, we will try to provide you with an alternative product or content of equal value without any additional costs to you.
   19. Although we will use efforts to minimise the risk, in some circumstances we may change the content of, or be required to cancel, our live online events at short notice. This may be due to presenter illness, technical problems or for any other business reason.
   20. We are the owner or the licensee of all Intellectual Property Rights in the content published on our website or available through our App (including the Free Content, Chargeable Content and CPD System) and all training course and webinar content and materials. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
   21. You must not:
       1. remove, modify or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in any content on our Website, App or products;
       2. carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any Intellectual Property Rights owned or used by us or our licensors; or
       3. sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content, products or services we provide.
   22. If you print off, copy or download any part of our site or App in breach of these terms, your right to use our website, App and access to our products will cease immediately and you must, at our option, return or destroy any copies of the content you have made.

       Our contract with you when you purchase our products

   23. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. We will try to process your request for any Chargeable Content as promptly as we can, but we do not guarantee how quickly the Chargeable Content will be available to you, or that it will be available by any specified date or time.
   24. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product or refund you for any fees that have been debited.

       Price and payment terms

   25. What will happen if you do not give required information to us. We may need certain information from you so that we can provide our products to you, for example, payment details to deduct a subscription fee. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
   26. You must ensure that you provide complete and accurate payment information. By submitting payment information to us when you purchase our product you warrant that you are entitled, or authorised, to use that payment method, including any vouchers. In the event of an unauthorised payment we reserve the right to suspend or terminate our contract with you with immediate effect and may investigate the matter further.
   27. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date your subscription starts or the date your course is scheduled, we may adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
   28. What happens if we got the price wrong. It is always possible that, despite our efforts, our website or App may refer to incorrect product prices. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error has occurred, we reserve the right to end the contract upon written notice to you and refund you any sums you have paid.
   29. What to do if you think a price is wrong. If you think a price is wrong please contact us as soon as possible to let us know and we will investigate this for you.
   30. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
   31. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

       Your rights to make changes

   32. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

       Your rights to end the contract

   33. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 2.33.1 to 2.33.3 below you can end the contract by providing us written notice and we will refund you in full for any products which we have not provided. This is the sole remedy you will have under these terms and conditions. The reasons are:
       1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
       2. we have suspended supply of our subscription service for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a continuous period of more than 6 weeks; or
       3. you have a legal right to end the contract because of something we have done wrong.
   34. Subject to clause 2.33, you cannot end the contract if:
       1. you have purchased our subscription service which can only be cancelled after the 12 month subscription has ended and not at any stage during that 12 month period; or
       2. we have provided services to you that have been completed.
   35. Tell us you want to end the contract. To end the contract with us, please let us know by telephone: 03330 093 090 or email: mail@redwhale.co.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
   36. How we will refund you. If you are entitled to a refund under these terms we will refund you to the method you used for payment as soon as reasonably possible. However, we may make deductions as described below at clause 2.38.

       Our rights to end the contract

   37. We may end the contract if you break it. We may end the contract and stop your access to our website, App or any products, at any time by writing to you if:
       1. you do not make any payment to us when it is due and you still do not make payment within 10 days of us reminding you that payment is due;
       2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
       3. you do not, within a reasonable time, allow us access to your premises to supply the services; or
       4. we believe at our sole discretion:
          1. you have breached any of these terms and conditions; or
          2. you have demonstrated inappropriate conduct in the use of our website, App or any other products or services.
   38. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 2.37 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. You must also indemnify us for any breach of these terms in accordance with clause 2.47.
   39. We may withdraw the product. We may write to you to let you know that we are going to stop providing a product. We will use our reasonable efforts to provide you with 4 weeks’ notice before we stop the product and will refund any sums you have paid in advance for products which will not be provided.

       If there is a problem

   40. We make all reasonable efforts for our website, App and products to be error-free. However we do not warrant that your use will be uninterrupted or error-free, or that our products meet your requirements or that our website, App or digital content will be free from Vulnerabilities or Viruses.
   41. If you have any questions or complaints, please contact us by telephone: 03330 093 090 or write to us by email: mail@redwhale.co.uk.

       Your responsibilities when using our website, App or purchasing our products

   42. You must not link to our website or any part of it without our prior written consent and our site must not be framed on any other website or application.
   43. Where we link to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
   44. You are responsible for configuring your information technology, computer programmes and platform to access our site, App and products. You should use your own virus protection software.
   45. You must not misuse our site by knowingly introducing Viruses, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, software, the server on which our site is stored or any server, computer or database connected to our website or App. You must not attack our site or App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site, App and products will cease immediately.
   46. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site, software or any services provided via, or in relation to, our website or App. This includes using (or permitting, authorising or attempting the use of):
       1. any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
       2. any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
       The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
   47. You agree to indemnify us, including our respective officers, directors, employees, agents, information providers and licensors, parent companies, subsidiaries, affiliates on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your breach of any of these terms and conditions or misuse of our products.

       Our responsibility for loss or damage suffered by you

   48. Force majeure. We shall have no liability to you under these terms if we are prevented from or delayed in performing our obligations under this contract, or from carrying our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, pandemic, epidemic, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that we notify you of such an event and its expected duration.
   49. Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability, including:
       1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
       2. fraud or fraudulent misrepresentation.
   50. Subject to clause 2.49, we exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
   51. Subject to clause 2.49:
       1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable), for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
       2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the product under such contract.

       Other important terms

   52. This is our entire agreement with you. These terms and conditions constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
   53. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you in writing if this happens.
   54. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
   55. If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
   56. 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. For example, if you miss a payment and we do not chase you but we continue to provide the product, we can still require you to make the payment at a later date.
   57. Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

       CPD System

   58. You expressly agree that the use of the CPD System is at your own risk. You agree to indemnify us, including our respective officers, directors, employees, agents, information providers and licensors, parent companies, subsidiaries, affiliates on demand against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred arising out of or in connection with your inability to use the CPD System or access any data you have entered onto the CPD System or which has been entered automatically onto the CPD System as the result of your useage of content used from or purchased via our website.
   59. We reserve the right to terminate your access to the CPD System with not less than three month’s notice.

       Part 2: Subscription service

3. Subscription service. This Part 2 applies to any digital Chargeable Content available through our website and App. Our Chargeable Content services are subject to subscription fees and provide you with access to specified elements of our online education materials for a specified period of time.
   1. When you sign up to, and pay for, any Chargeable Content we grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to permit you to use the Chargeable Content for the duration of the subscription term solely for your general professional development. You must not share your access, or allow, anyone else to view the Free or Chargeable Content and/or Services accessed through your user account or otherwise.
   2. Where to find the subscription fees. The prices for our Chargeable Content (which include VAT) will be the prices indicated on our website. Our subscriptions run for the specified length of time and cannot be cancelled until the term has ended, this also applies for any subsequent renewal period.

      When you must pay and how you must pay. You can pay using a credit card, debit card or voucher code. You must pay in full for the subscription in advance at the time of order before you will have access to the Chargeable Content, the subscription length for the package of Chargeable Content you choose is set out on our website and starts when the Chargable Content is made available to you. We cannot provide an extension of any subscription. If you wish to access the Chargeable Content beyond the existing term, you will be required to purchase a new subscription.

   3. Subscriptions will not automatically renew.
   4. When we will provide the Chargeable Content. When you make an order we will let you know when you can login and have access to the Chargeable Content. We will continue to provide you with access to the Chargeable Content until the subscription ends.
   5. We are not responsible for delays. If your access to the Chargeable Content is delayed we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for the subscription fees you have paid, if you have not been able to gain any access to the Chargeable Content.
   6. Reasons we may suspend the subscription. We do not guarantee that you will always have access to the Chargeable Content or our website, as we may have to suspend access on occasion to:
      1. deal with technical problems or make minor technical changes;
      2. update the digital content to reflect our users' needs; or
      3. make changes to accommodate our business.
   7. Your rights if we suspend access to the Chargeable Content. We will use reasonable endeavours to contact you in advance to tell you we will be suspending access to the Chargeable Content (unless the problem is urgent or an emergency). If we have to suspend the subscription for a continuous period longer than 6 weeks we will adjust the price so that you do not pay for the subscription while access is suspended. You may contact us to end the contract if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 weeks and we will refund any sums you have paid in advance for the subscription in respect of the period after you end the contract.
   8. We may also suspend the subscription if you do not pay. If you do not pay us for the subscription when you are supposed to and you still do not make payment within 10 days of us reminding you that payment is due, we may suspend your access to the Chargeable Content until you have paid us the outstanding amounts. We may also charge you interest in accordance with clause 2.30. We will contact you to tell you we are suspending the subscription.

      Part 3: Our App

4. We grant you a non-exclusive, non-transferable license, without the right to grant sub-licences, to permit you to use our App and any updates or supplements to it as permitted by these terms and conditions. The license granted under this clause 4 shall automatically terminate upon termination of this contract.
   1. You are only permitted to download or stream our App on one device at a time, however you may make a copy of our App onto a maximum of two devices for necessary back-up purposes only. Making more copies than permitted by this clause 4.1 shall constitute an infringement.
   2. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
   3. You may not transfer the App to someone else. The license at clause 4 is granted to you personally and you may not otherwise transfer the App or our products to someone else. If you sell any device on which the App is installed, you must remove the App from it before parting with possession of the device.
   4. License restrictions. You agree that you will:
      1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App in whole or in part to any person;
      2. not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security only;
      3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the products on devices as permitted in these terms;
      4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or products, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be lawfully prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
         1. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
         2. is not used to create any software that is substantially similar in its expression to the App;
         3. is kept secure; and
         4. is used only for the Permitted Objective;
      5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any products.
   5. Acceptable use restrictions. You must:
      1. not use the App or in an 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 App or any operating system;
      2. not infringe our Intellectual Property Rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
      3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
      4. not use the App or products in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      5. not collect or harvest any information or data from our products, our systems or attempt to decipher any transmissions to or from the servers running any products.
   6. Operating system requirements. Our App requires a smart device with a minimum of 1GB of memory and an up-to-date android or iOS operating system.
   7. Update and changes to the App. From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating systems or address security issues. Alternatively, we may ask you to update the App for these reasons. We may provide free supplementary software code or update of the App incorporating "patches" and corrections of errors.
   8. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App or have access to our products through the App.
   9. The App is designed to work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
   10. Check that the App and the Services are suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site) meet your requirements.
   11. Please back-up content and data used with the App. We recommend that you back-up any content and data used in connection with the App, to protect yourself in case of problems with the App.

       Part 4: Training Courses

5. Training courses. This Part 4 refers to the in person training and educational courses we provide.
   1. Course materials. Subject to receiving full payment from you of the course fees, when we provide you with training courses we grant you a non-exclusive, non-transferable right, without the right to grant sub-licences, to permit you to use the any course materials solely for your professional development only. Any materials we provide must not be shared with any third parties or copied, changed or reproduced without our prior written consent.
   2. Course discounts. We may offer discounts as part of special promotions. To benefit from a discount, you must use the prescribed booking form or discount code when making your booking. If you later become aware after booking that you are eligible for a lower price please let us know a reasonable time before the course or webinar date and we will, at our sole discretion, confirm whether the discount can be applied to your booking retrospectively. We will not apply any discounts after the course or webinar has taken place.
   3. When you must pay and how you must pay. You can pay using a credit card, debit card or voucher code. You must pay for the course or webinar in advance at the time of order. For face to face training courses the cost of lunch and refreshments is included in the course fees.
   4. Course information. Upon receiving your booking form and successful payment, at least 10 days before the training course or webinar is due to take place we will email you details including your payment receipt, timing, directions to the course venue or login details to access the webinar (as applicable). If you do not receive this information within the prescribed timeframe, please contact us.
   5. Changes to our courses and webinars. We reserve the right to amend the courses where it's unavoidable or to make other minor changes that may be necessary due to unforeseen circumstances. We may at our sole discretion, change any face to face training courses to instead be delivered by video, video link, video stream or on demand and courier the course materials to the address you used when booking.
   6. Health and Safety. You will be required to comply with any government and venue guidance in relation to any health and safety and fire regulation matters. This includes any Covid-19 restrictions. Where the venue guidance exceeds the current government guidance, we will communicate this to you in advance of the course date.
   7. Cancellation terms. If you need to cancel please contact us by telephone or email as soon as possible. If you are unable to attend a course that is being provided face to face for whatever reason, you may substitute someone else to attend in your place free of charge. Alternatively, you can elect to receive a refund subject to our cancellation fees as set out below:

      When you notify us of cancellation	Your refund on cancellation
      10 weeks or more before the course date	100% of the total course fee
      Less than 10 weeks but more than 5 weeks before the course date	50% of the total course fee
      5 weeks or less before the course date	0% of the total course fee

   8. We reserve the right to cancel. We may cancel any training course if it becomes necessary to do so. In the event of this happening we will notify you as soon as possible and offer you the opportunity to defer your place for a course on a different date/location without any additional costs. If you are unable to attend any of the alternative dates or locations offered, the cancellation policy in the paragraph above will apply. We will not be liable for any loss incurred by you as a result of a cancellation or reschedule.
   9. We will not be responsible for any loss incurred by you as a result of cancellation or rescheduling of any face to face course, online course or webinar, or publication of any online resource, on demand course or printed material whether any such cancellation or rescheduling is by you or by us.

These terms and conditions were last updated on September 12 2023.