Conditions
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. USER NAME 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 users user name 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 1, 2 and 3 of each educational unit are being
offered strictly to residents in domicile in the United Kingdom
Stage 1 may be available to some residents outside the United Kingdom. Please email administrator@masterclassplus.co.uk for further details. 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 it's 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 e-mail 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.
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