Connect Family Engagement Academy e-learning Modules terms of service
Note that if you refuse to accept these terms, you must not purchase any Module from our site. Any Module that you do purchase will be purchased on these terms.
Any questions regarding this site and these Terms of Supply should be sent to:
Mansfield Traquair Centre, 15 Mansfield Place, Edinburgh, EH3 6BB
or by telephone at 0131 474 6199.
Connect, a trading name of Scottish Parent Teacher Council, is a registered charity in Scotland (SC019168) and a registered company in Scotland (SC151086).
How a Contract is Formed Between You and Us
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts and/or are authorised to do so on behalf of your organisation; and
(b) you are aged 18 or over.
After placing an order, you will receive an email from us or our service providers acknowledging that we have received your order and accepted it (“Order Confirmation Email”). The contract between us and you (the “Contract”) will only be formed when we send you the Order Confirmation Email but will still be subject to availability.
The Contract will relate only to the Module we have confirmed in the Order Confirmation Email. We will not be obliged to supply any other Module, nor will any contract be formed between us and you in respect of any other Module, which may have been part of your order, until availability of such Module has been confirmed in a separate Confirmation Email.
Where payment by purchase order is selected as part of the registration process, we reserve the right to reject the order (see paragraph ‘Availability’ below).
If you purchase by credit or debit card, we will advise you of the next available start date.
If you request to purchase a Module other than by credit or debit card payment (namely by means of invoice/Purchase Order), your order will be subject to our review and approval. An Order Confirmation Email will be issued on payment of the Module fee, at which point we will advise you of the next available start date.
We understand that things may happen that prevent you from honouring your booking. If this does happen, you may opt to take part in the Module at a later date, or transfer your registration to another person, at no cost. You must inform us of the name and email/contact details of the individual you wish to transfer to in writing/by email to email@example.com
If you are unable to reschedule or transfer your booking, the following cancellation policy will apply:
30 + days before commencement – 50% refund
14 – 30 days before commencement – 25% refund
Within 14 days – no refund
If Connect cancels a Module, you will be able to reschedule to another date.
This provision does not affect your other statutory rights as a consumer.
Rights to Use the Module
On payment of the entire fee for the Module:
We grant to you a non-exclusive and licence without right of sub-license for you to use the Module for your own internal use for up to one year following receipt of the Order Confirmation Email; and
You cannot "keep" the Module, as it is only available to you for one year following receipt of the Order Confirmation Email. The Module can only be retaken by yourself as an individual or by the individual whose name has been provided to us.
You are entitled to download and use within your organisation any PDF resources or other additional downloadable materials associated with the Module. Access to the Evaluation Toolkit is free to course attendees for one year following completion, after which a subscription will be payable.
Modules incorporated in a Package must be taken in their entirety by you and/or the individual named as the registered user. Package contents may not be split or assigned and/or allocated to other individuals or persons in your organisation.
In the event that we change the electronic platform on which the Modules are available, you acknowledge that you may need to take reasonable actions to retain access to any Module that you have purchased, including but not limited to re-registering your details or those of your organisation on a new electronic platform. We will give you notice in advance of any such requirement, together with instructions explaining what actions will be required from you to retain access to any Module that you have purchased.
Price, Payment, and Delivery
Payment should be received 7 days before commencement of the Module. Access to the module is only granted to those who have paid.
Module prices are exempt from VAT in accordance with HMRCs definition of education exemption as follows: “A Course, class or lesson of instruction or study in any subject, whether or not normally taught in schools, colleges or universities and regardless of where and when it takes place. Education includes lectures, educational seminars, conferences and symposia, together with holiday, sporting and recreational courses. It also includes distance teaching and associated materials, if the student is subject to assessment by the teaching institution”.
Our Module prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation Email.
It is always possible that, despite our best efforts, the Module listed on our site may be incorrectly priced. If a Module’s correct price is higher than the price stated on our site, we will normally reject your order and notify you that we are rejecting it.
If the pricing error is obvious and unmistakable and could have been reasonably recognised by you as an error, we do not have to provide the Module to you at the incorrect (lower) price.
The price of the Module does not include updates and upgrades following publication. These form part of new versions of the Module which will be available for separate purchase.
We use our best endeavours to provide up to date and accurate information in the Module as of the date of purchase to you. However, you acknowledge and agree that:
- The Module is not intended to constitute a definitive or complete statement of the law on any subject nor is any part of the Module content intended to constitute legal advice for any specific situation.
- We do not undertake any obligation to consider whether the information provided in the Module (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
- We do not accept any responsibility for action taken as a result of information included in the Modules. You should take specific advice when dealing with specific situations.
- Research and development changes over time. Therefore, the Module is advisory in nature, reflecting current best practice at the date of publication, and may not reflect all recent legal or best practice developments arising from any unforeseen or emergency law, regulation, code of practice, statutory instrument or other legislation which may be enacted or comes into force during the Term following purchase of the Module by you and may not apply to the specific facts and circumstances encountered by you.
To the extent permitted by law, we exclude all liability in respect of all claims arising out of or in connection with the Module and you hereby agree to indemnify us against any claim made against us to the extent that the claim arises as a result of the default, negligence or other act or omission of you or your personnel.
Without prejudice to the above clause, we will not be liable under these terms for any loss or damage caused by us or our officers, employees or agents in circumstances where:
- (a) there is no breach of a legal duty of care owed to you by us or by any our officers, employees or agents;
- (b) such loss or damage is not a reasonably foreseeable result of any such breach; or
- (c) any increase in loss or damage or results from any breach by you of any term of these terms.
Nothing in these terms excludes or limits our liability for:
- (a) death or personal injury caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- (e) any deliberate breaches of these terms that would entitle you to terminate the Contract; or
- (f) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid by you for the Module.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, (without limitation) the following:
(a) strikes, lock-outs or other industrial action (excluding the affected party's workforce);
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will be able to rely on an extension of time for performance for the duration of the Force Majeure Event. We will use our reasonable endeavours to bring the Force Majeure Event to a close, to mitigate the continuing effects of a Force Majeure Event, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
All Intellectual Property Rights in the Module Materials, Online Modules and the speeches made by trainers are, and remain, the intellectual property of Connect or its licensors.
You are entitled to download and use any PDF resources or other additional downloadable materials associated with the Module for the purpose of supporting parental engagement within your organisation/setting.
You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Module Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Module given
(iii) use the Module Materials in the provision of any other Module or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Connect on the Module Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Module.
Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Module.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any court or competent authority decides that any of the provisions of these terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permissible by law.
These terms 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 this agreement.
Our Right to Vary These Terms
We have the right to revise and amend these terms from time to time.
You will be subject to the policies and terms in force at the time that you order the Module from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Confirmation Email (in which case we have the right to assume that you have accepted such changes to the terms, unless you notify us to the contrary within seven (7) working days of receipt by you of the Confirmation Email).
Law and Jurisdiction
Contracts for the purchase of the Module through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims arising out of or in connection with them) will be governed by the laws of Scotland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Scottish Courts.