Terms and Conditions
1 Introduction
1.1 The use of the Rosette CPD website (https://healthcarecpdtraining.uk/) is governed by the terms and conditions set out below.
1.2 Please take the time to read them carefully as by using the Website you are deemed to have accepted these terms and conditions ('User Terms') and our privacy policy ('Privacy Policy') as may be varied from time to time in accordance with section 14. Sections 10 and 11 of these User Terms set out certain limitations on and disclaimers of our liability to you. If you do not agree to these User Terms you must not use the Website.
2 Definitions
Website means this website https://healthcarecpdtraining.uk/
We, us or our, means Rosette CPD Training
Cardiff Web Design refers to the company with responsibility for providing the Website and managing it on a day-to-day basis.
Service means all of the functional services provided to Users in connection with their use of the Website including online submission and other general services, including telephone or email support.
User means any user of the Website.
You, your or yourself, means you, the User, and/or the organisation that employs you or on whose behalf you are using the Website.
3 Your Obligations
3.1 You agree (where required) to provide true, accurate, current and complete information about yourself and to promptly update the information provided to us to keep it true, accurate, current and complete. If you provide any information that is (or we have reasonable grounds to suspect information provided by you is) untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Service.
3.2 By registering on the Website you confirm that you have the authority to act on behalf of the organisation (if any) that you represent.
3.3 If the information you provide upon registration changes, or your purpose for using the Service alters, it is your responsibility to update us in writing and, if relevant, to stop using the Service if such change means you are no longer able to comply with these User Terms.
5 Copyright
5.1 Most of the material featured on the Website is subject to copyright protection.
5.2 Where any of the copyright items on the Website are being republished or copied to others, the source of the material must be identified and the copyright status acknowledged.
5.3 The permission to reproduce protected material does not extend to any material on the Website which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
5.4 All names, images and logos which feature on the Website and which identify Rosette CPD are proprietary marks of Rosette CPD. In particular, we own the rights to the names and logos for Rosette CPD Ltd and you may not use this name or logos in any advertising or promotional literature without our prior written consent. Copying or use of these logos and/or any other logos accessed via the Website is not permitted without prior approval from the relevant owner.
5.5 Requests for permission to use any names and/or logos should be directed to Rosette CPD: email info@rosettecpd.co.uk
5.6 By uploading Content onto the Website, you grant to us a non-exclusive licence to use that Content. Although you will still own the copyright in that Content, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Content. This licence will be free of charge, perpetual and capable of sub-license and we may exercise all rights subsisting in your Content to their full extent and for the full period for which such rights exist.
6 Indemnity
6.1 You hereby agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all costs, claims, losses, damages or liability and expenses (including but not limited to legal fees) made by any third party in any jurisdiction due to or arising out of your use of the Service, your connection to the Service, any Content uploaded by you, your breach of the User Terms or any other breach by you of any third party rights.
7 Modification, Suspension and Termination of Service
7.1 We reserve the right at any time and from time to time in our sole discretion and with or without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
7.2 Our rights under this section are in addition and without prejudice to all our other rights and remedies.
8 Use and Storage
8.1 You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service. You further acknowledge that we reserve the right to change these general practices in our sole discretion with or without notice.
9 Third Party Links
From time to time the Service may contain links to websites operated by parties other than us. These links are provided for your convenience only and may be provided by us or by other users of the Service. We have no control over these websites and are not responsible for the content of such websites. By offering you these links, we do not either impliedly or expressly endorse anything contained on such websites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material which appears on those websites.
10 Disclaimer of Warranties
10.1 You expressly understand and agree that your use of the Service is at your own risk. The Service is provided on an "as is" and "as available" basis. We expressly make no warranties of any kind as to the Service, whether express or implied, including, but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, the use of reasonable care and skill and non-infringement.
10.2 In particular, we make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from your use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material obtained by you through the Service will meet your expectations; (v) any errors in the Software will be corrected; and (vi) the Website is virus free or the Website contains nothing that may have destructive properties.
10.3 Any Content downloaded or otherwise obtained through the use of the Service is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such Content.
10.4 Without prejudice to the other provisions of this Section 10, we make no representations in respect of the information posted on the Website (whether in respect of its accuracy, adequacy, completeness or otherwise) and you are responsible for seeking your own independent advice before acting in reliance upon it and also for any use that you make of it.
11 Limitation of Liability
In no event shall we be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of the Service including without limitation damages for loss of data, loss of profits, loss of business opportunity or loss connected with: (i) the use or performance of the Service; and/or (ii) any delay or inability to use the Service; and/or (iii) any information, products or services obtained through the Service; except that nothing under these User Terms shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.
12 Exclusions and Limitations
Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations in Sections 10 and 11 may not apply to you.
13 General
13.1 Any notices to you given under these User Terms may be made via either email or standard mail.
13.2 No waiver by us of any breach of these User Terms by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.
13.3 These User Terms and the Privacy Policy shall govern your access to the Service to the exclusion of any other terms and conditions.
13.4 If any provision of these User Terms or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
13.5 Your rights and obligations under these User Terms are personal to you and you undertake that you shall not nor purport to assign, lease, charge, sub-licence or otherwise transfer such rights and obligations in whole or in part.
13.6 Nothing in these User Terms (as amended by us from time to time) shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999. This does not affect any right or remedy of a third party which exists or is available apart from under that Act.
13.7 We shall not be liable for any loss suffered by you or deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.
13.8 Section headings are included for convenience only and shall not affect the interpretation of these User Terms.
14 Updating these User Terms and the Website
We may vary these User Terms and/or the Privacy Policy by posting updates on the Website. The Service may provide notices of changes to these User Terms or other matters by displaying notices or links to notices to you generally on the Service. You are responsible for regularly reviewing these User Terms to obtain notice of such changes. We may also update and change the Website from time to time. Your use of the Website after any such change means you have accepted the new User Terms and any changes to the Website.
15 Communicating with Users
From time to time, messages from the Operators will be issued to registered Users with Website-pertinent information such as notification of major procurement projects, changes to procurement policies or rules, and changes or problems with the Website. We may also periodically survey Users for their feedback on the Website.
16 Disputes
In the event any User has a grievance or complaint about the Website and/or the Service they are encouraged in the first instance to contact info@rosettecpd.co.uk with the aim of resolving the issue. This in no way detracts from the statutory or other applicable rights of the User.
17 Governing Law and Jurisdiction
These User Terms are governed by and constructed in accordance with the laws of England and Wales as applied in Wales and both you and we hereby agree to submit to the exclusive jurisdiction of the Courts of England and Wales.