1. PARTIES AND REGISTRATION: "Masterclassplus.co.uk" means Healthcare
Productions Ltd, its subsidiary companies and associated companies and its
agents and employees. "You" means the person specified as the user in the
registration form. The details provided by you on the registration form are important.
You must ensure they are correct and complete and inform us of any changes.
2. PAYMENT: ACCESS TO Masterclassplus.co.uk IS FREE. Premium
Services (Stage 3 learning activities, tutorials and access to The Forum Plus) are available for
which payment is required. Masterclassplus.co.uk will notify you in all cases if the
Service you are trying to access is not free and give you the opportunity to choose
to pay for the chosen facility. You agree to pay the fee for any of the Stage 3 facilities that you use. Where you have chosen to make payment, the fees are payable
annually in advance by way of subscription and are non-refundable except if
Masterclassplus.co.uk gives you notice to terminate without cause.
Masterclassplus.co.uk may send you an email or write to you one month before
the expiry date of your current annual subscription advising you of the termination
date. In order to obtain higher education credits students who wish to complete Stage 3
should be aware that this stage must be completed to a satisfactory standard as
adjudicated by the university or appointed assessor whose decision shall be final,
within twelve months from the date of first registration of Stage 3.
Masterclassplus.co.uk will take all reasonable care to ensure that your payment data
is properly transmitted and kept secure. You agree that we may receive remuneration
from our connected companies or other third parties in respect of transactions
carried out by them on your behalf. Details of any such remuneration will not be
confirmed to you in writing by such third parties, but can be made available by them
to you on request.
3. AVAILABILITY OF STAGE 2: In some cases it may not be practicable to
deliver Stage 2 (shared learning) to all
parts of the UK. In these cases a video may be available (subject to extra charge).
Masterclassplus.co.uk does not accept responsibility or liability nor does it give any
warranty whatsoever that Stage 2 will be available in your area or any specific area
within the UK.
4. COPYRIGHT AND YOUR RIGHTS: Copyright and all other intellectual property
rights subsisting in the database accessible via the Services and each and every
piece of Information provided through the Services (the "Information") is owned by
Masterclassplus.co.uk or the providers of such Information ("Data Providers").
Reproduction of part or all of the contents in any form is prohibited other than
in accordance with the following permissions:
Licence to copy for personal use:
You may print or download to a local hard disk pages for your personal use only.
Licence to recopy for limited purposes:
You may recopy to third parties for their personal information only certain
Information as may be specified from time to time by Masterclassplus.co.uk
as being available for that purpose, but only if
a) you clearly and prominently acknowledge the Masterclassplus.co.uk web page
as the source of the material; and
b) you inform the third party that these conditions apply to him, her or it and
that he/she/it must comply with them. This licence to recopy does not permit
alteration, adaptation or merging of material available on these pages.
No part of the Masterclassplus.co.uk web pages may be distributed or copied for
any commercial purpose. No part of the Masterclassplus.co.uk web pages may be
reproduced on or transmitted to or stored by any other web site or other form of
electronic retrieval system by any person or entity that operates any such web site
or electronic retrieval system.
5. USERNAME AND PASSWORD: You are responsible for all use of the Services
made using your username and password, whether or not the use is made by you or
someone else using your username and password. You are responsible for protecting and
securing your username and password from unauthorised use. If you believe there has
been a breach of security of your username you should notify the administrator at
Masterclassplus.co.uk at its absolute discretion, reserves the right to refuse a
user permission to use any particular user name and/or password. It is not permitted
to impersonate or to attempt to impersonate another user or to make use of or attempt
to make use of another user's username or password and any such actions may result
in legal action, including criminal prosecution.
6. YOUR INFORMATION: Masterclassplus.co.uk will respect your
personal information and will comply with all applicable UK legislation currently in
force. Masterclassplus.co.uk will itself collect and use information you supply to
Masterclassplus.co.uk in order to operate and enhance the Services in accordance
with our Privacy Policy.
7. AVAILABILITY OF INFORMATION: Masterclassplus.co.uk reserves
the right to change the content, presentation, performance, user facilities and
availability of any part of the Services at its sole discretion. It is your
responsibility to refer to the changes. They may, at Masterclass’s absolute
discretion come into effect immediately on posting. Masterclassplus.co.uk does not
warrant any connection, transmission over, security of or results from the use
of any network connection or facilities provided (or omitted to be provided) in
connection with the Services. Note that when accessing services that are stated to
be "limited", you agree to the following access conditions which assign your rights
to be logged off the relevant service to which you subscribe:
Masterclassplus.co.uk will at its discretion set a limit to the number of
users who are able to access simultaneously those services (the "pool") and,
on a rolling basis, if that number is exceeded the user who is the first in the
pool will be logged off the relevant service.
8. NON-UK ACCESS: Stages 2 and 3 of each education unit are being offered
strictly to residents in domicile in the United Kingdom (UK). Neither Masterclassplus.co.uk
nor any of its Data Providers or affiliates make any warranties, express or implied
that the Services or the availability of the Services in any particular jurisdiction
outside the UK is in compliance with any applicable laws or regulations. You accept
that if you are resident outside the UK, you
must satisfy yourself that you are lawfully able to receive the Services
in the country in which you are accessing the Services. Neither
Masterclassplus.co.uk nor its Data or Information Providers or affiliates accept
liability for any costs, losses or damages resulting from or related to the
availability or content of the Services to persons in jurisdictions outside the UK
or to persons who are, or who are nominees of or trustees for, citizens, residents
or nationals of other countries.
9. ACCURACY OF INFORMATION: Neither Masterclassplus.co.uk, its employees, nor
any of its Data or Information Providers or affiliates make any warranties expressed
or implied, as to the accuracy, adequacy, quality or fitness for any particular
purpose of the Information or the Services for a particular purpose or use and all
such warranties are expressly excluded to the fullest extent that such warranties
may be excluded by law. You bear all risks from any uses or results of using any Information. You are responsible for validating the
integrity of any Information received over the Internet.
10. INFORMATION POSTED BY YOU: You may place Information on the
Service or make it available to other users by email only where and as permitted
by Masterclass Plus.co.uk from time to time. Masterclassplus.co.uk does not monitor,
approve, endorse or exert editorial control over Information posted by users and
does not therefore accept responsibility for or make any warranties in connection
with or recommend that you or any third party rely on such Information. You agree
to not post (or transmit) (i) any Information which is objectionable including,
without limit, Information which is defamatory, obscene, threatening, untrue or
in breach of any applicable laws. (ii) Any Information which is in breach of any
person's rights (including without limit, copyright and confidentiality), (iii) any
Information or software which contains a virus, cancelbot, Trojan horse, worm or is
otherwise harmful or (iv) any Information which (in the opinion of
Masterclassplus.co.uk) constitutes advertising or (v) any Information outside the
area designated for posting. Masterclassplus.co.uk reserves the right to remove any
such Information from the Services without warning and to inform and give assistance
to the relevant bodies in respect of any transgressions. We accept no responsibility
for and give no warranties in connection with any Information posted on our site by
our users. We recommend that you do not rely on such Information. Any information
posted on our web site by users has not been issued or approved by
Masterclass Plus.co.uk. By placing on the Services or making available to other
users any Information you hereby grant Masterclassplus.co.uk a worldwide non-exclusive
licence to use copy, distribute, publish and transmit such Information in any manner
Masterclassplus.co.uk wishes (including, without limit, archiving and making
available such Information as part of the Services).
11. INDEMNITY: You irrevocably indemnify Masterclassplus.co.uk
and its Data Providers and affiliates from and against any and all losses,
damages and costs suffered or incurred by Masterclassplus.co.uk, any Data
Providers or affiliates of whatsoever nature arising out of or in connection
with your use, provision or distribution of Information or any part or the Services
or any part or otherwise howsoever arising in relation to any breach of this
Agreement by you.
12. HYPERTEXT LINKS: Masterclassplus.co.uk provides hypertext
links to sites on the Internet which are operated by other people. Using an external
hypertext link means that you may be leaving the Masterclassplus.co.uk site and
Masterclassplus.co.uk therefore takes no responsibility for and gives no warranties,
guarantees or representations in respect of linked sites.
13. LIABILITY: Due to the number of sources from which
Masterclassplus.co.uk obtains content and the nature of electronic distribution
via the worldwide web neither Masterclassplus.co.uk nor any of its Data Providers
nor affiliates have any liability (whether in contract or tort) for any losses,
costs or damages resulting from or related to use of or inability to use any
Information contained in the Services or the provision of the Services to the
fullest extent to which such liability may be excluded or avoided by law and in
no event shall Masterclassplus.co.uk be liable to you for direct or indirect,
incidental, special, punitive or consequential damages arising out of or in
relation to the Services or the provision of Information. Masterclassplus.co.uk
makes no warranty that the Service is year 2000 compliant or free from infection
by viruses or anything else that has contaminating or destructive properties.
14. TERMINATION: This agreement will continue for a period of
twelve months only unless terminated
in accordance with the following provisions. You may terminate this agreement by
giving Masterclassplus.co.uk not less than 30 days notice and Masterclassplus.co.uk
may do the same. If you (i) fail to make any payments due to Masterclassplus.co.uk,
(ii) are in breach of any of the terms of this agreement (except for a trivial breach
remedied within 7 days of its occurrence), or any generally accepted guidelines on
Internet usage and etiquette (such as restrictions on mass mailings and mass
advertisements, pirating or copying software, mail bombing or attempts to violate
security), then Masterclassplus.co.uk
reserves its rights to withdraw if it so wishes the Services from you, immediately
and without notice or compensation and such termination shall be considered
"with cause". Masterclassplus.co.uk will then be under no further obligation to you.
In order to obtain higher education credits students who wish to complete Stage 3 of an education unit
should be aware that this stage must be completed
to a satisfactory standard as adjudicated by the university or appointed assessor whose
decision shall be final, within a twelve
month period from the date of first registration of Stage 3 of that education unit.
15. SUBJECT TO AVAILABILITY: Courses will be deemed to commence from
the first day of the month following receipt of payment in full and final settlement for that
course and will end on the last day of the 12th month following registration.
16. CONFLICTS OF INTEREST: Your attention is drawn to the fact
that in respect of the Services, we, a connected company or some other person
connected with us may have an interest, relationship or arrangement that is material
in relation to any Information supplied or could give rise to a conflict of interest
and you agree that we shall not be required to disclose it to you. Our employees are
required to comply with a policy of independence and disregard any such interest,
relationship or arrangement in the course of carrying out their employment.
17. YOUR STATUS: You agree that in entering into this agreement
you will at all times be acting as a student and not in the course of any employment,
trade or profession which you may carry on. If you do not qualify as a student
then contact
support@masterclassplus.co.uk
18. ASSIGNMENT: This agreement and any rights of access
(password and username) to any Service provided to you may not be assigned,
licensed or otherwise transferred by you to any other person without the prior
written consent of Masterclassplus.co.uk. You agree to keep your password
confidential.
19. COMPLETE AGREEMENT: These terms and conditions together
with the duly completed registration form and payment method instructions, if any,
are the whole agreement between you and Masterclassplus.co.uk. You acknowledge that
you have not entered into this agreement in reliance upon any warranty or
representation made by Masterclassplus.co.uk. Masterclassplus.co.uk may from
time to time make changes to these terms and conditions and payment rates which
will be set out on Masterclass's Internet site not less than 14 days before they
are intended to take effect. Unless you inform Masterclassplus.co.uk by post or
email that you object to the proposed changes and wish to terminate your
subscription within this 14 day period, you will be deemed to accept the proposed
changes.
20. GENERAL: Any notice from Masterlassplus.co.uk to you may
be delivered by email or post to you at your last known address. Evidence of
posting (either electronically or otherwise) shall be taken as evidence of delivery.
This agreement shall be governed by English Law. All disputes arising from or in
connection with this agreement shall be subject to the non-exclusive jurisdiction of
the English Courts. If any term of this agreement is held to be illegal or
unenforceable the validity and enforceability of the remainder shall continue in
full force and effect. The provision in question shall be replaced by a valid and
enforceable term which corresponds, so far as possible, with the original.
Failure by either party to exercise any right or remedy under this agreement does
not constitute a waiver of that right or remedy. All disclaimers, indemnities and
exclusions in this agreement shall survive termination of this agreement.
Neither you nor Masterclassplus.co.uk shall be held liable for any loss or failure
to perform any obligation hereunder due to causes beyond your or their respective
reasonable control. This agreement replaces all terms and conditions previously
applicable to the provision of the Services or any of them.