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Terms

Introduction

Welcome to this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Wimpole Digital Limited relationship with you in relation to this website.

If not in agreement with any part of these terms and conditions, please cease to use our website.

This website is subject to the following terms of use:

These Customer TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Customer” or “Subscriber” or “you”) and Wimpole Digital Limited, a limited liability company registered in England (“Company”), regarding the terms under which the Company will provide the Customer with access to the Services.

The Customer signifies its agreement to abide by these Terms of Service.

“Acceptance”. The Customer agrees that its assent will have the same legal effect as if it had been personally signed by Customer. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.

Company Information

Wimpole Digital Limited is a Company registered in England and Wales and is based at 7, The Broadway, Wembley HA9 8JT. Company number 12242288 and VAT number 344765282. Email [email protected]

“Effective Date” – refers to the date that the Company confirms Customer right to use the Website.

“Free Trial” or “100% discount”– refers to a temporary right to use the Website at no charge during the permissible Free Trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A Free Trial may or may not require the insertion of credit/debit card information.

“Public Website” – means that portion of the Website that is available for use by any person without the need to be a Customer.

“Services” – means the Public Website, the Learning Website, Job Posting Service, Insight Survey Services, Directory and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, and any documentation pertaining to the foregoing).

“Standard Content” – refers to content within the Learning Website, Job Posting Service, Insight Survey Services, Directory that is not required to be paid for e.g., videos, materials posted on social media etc.

“Customer” refers to an individual/entity/organisation/institution that has the right to access the Learning Website, Job Posting Service, Insight Survey Services, Directory via a Fee (“Paid”), Voucher, No Fee Trial, or other basis.

The Customer must be at least 16 years of age and possess the legal right and ability to enter into binding contracts. The Customer agrees to treat password, usernames, and other security information (“Account Information”), as confidential and to not provide any other person with access to the Website or portions of it using the Customers Account Information.

The Customer will notify the Company immediately of any unauthorised access to, or use of, Account Information. The Company has the right to disable any Customer to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, the Customer has violated any provision of these Terms of Service or appear likely to do so.

“Payment” – refers to a right to use the applicable portion of the Website as a Customer under a Paid fee, Voucher, Free Trial, or other form of right and/or fee to access the Learning Website, Job Posting Service, Insight Survey Services, Directory, Job Posting Service, Insight Survey Services, Directory.

“Term” – means the period of time that a Customer may utilise the applicable portion of the Learning Website, Job Posting Service, Insight Survey Services, Directory.

“Learning Website, Job Posting Service, Insight Survey Services, Directory” – means the applicable portion of the Website that is available only to a Customer.

“Pay as you go” – refers to a single payment for one course to provide one certificate when the User has successfully passed the course. Should the User fail a purchased course they can repeat until passed. The User is allowed to attempt to pass the course an unlimited number of times. Once the course is passed and a certificate is issued, the User will need to purchase the course again after 12 months should they wish to repeat it.

“Virus” means any item or device (including any software, code, file or program) which is designed to 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 program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program 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.

“Website” – means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company’s website located www.inductionessentials.com, www.simplejobposting.com, www.chorus.cx  & www.wimpoledigital.com (or such other web address notified by the Company to Subscribers at any time), and includes the entirety of both the Subscription Website and the Public Website.

Subject to these Terms of Service, the Customer will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access that portion of the Learning Website, Job Posting Service, Insight Survey Services, Directory applicable to the Customer type.

By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and convert a Customer to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to the Customer’s use of the Services and on reasonable prior notice to the Customer (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).

The Customer agrees to abide by any rules or regulations that the Company publishes with respect to conduct of the Customer and other users of the Learning Website, Job Posting Service, Insight Survey Services, Directory, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Customer access to the Learning Website, Job Posting Service, Insight Survey Services, Directory if, in the Company’s sole discretion, the Customer has failed to abide by these Terms of Service or appear likely to do so.

The Customer accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.

The Customer promises, acknowledges, and agrees on behalf of itself that:

Access privileges may not be transferred to any third-parties;

It will not access, store, distribute or transmit any Viruses;

It will comply with all applicable laws and regulations with respect to use of the Services;

It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component

It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;

It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;

It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;

It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;

It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

The Customer recognises that the traffic of data through the Internet may cause delays during the download of information from the Learning Website, Job Posting Service, Insight Survey Services, Directory and accordingly, it shall not hold the Company liable for delays that are ordinary during Internet use.

The Customer further acknowledges and accepts that the Website will not be available on a continual 24-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Learning Website, Job Posting Service, Insight Survey Services, Directory.

Intellectual Property Rights

The Services are owned by the Company, its licensors or other providers of such material, and are protected by English and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Services or any portion thereof, is transferred to any Customer and all rights not expressly granted herein, are reserved by the Company.

The Company name, the Company logo and all related names, logos, product and service names, designs, slogans, are trademarks of the Company or its affiliates or licensors.

The Customer may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Learning Website, Job Posting Service, Insight Survey Services, Directory are the trademarks of their respective owners.

Obligations

The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide Subscriber with an alternative means of accomplishing the desired performance.

Support of Customers using the Learning Website, Job Posting Service, Insight Survey Services, Directory with FAQs and training guides available online.

The Customer agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable term (“Term”).

The Company reserves the right to change the Payment & Fee with respect to an annual renewal term with prior written notification.

Unless otherwise expressly stated, all fees are non-cancellable and non-refundable. Payments are non-transferable between employees and ex-employees.

Pay as you go. This refers to a single payment for one course to provide one certificate when the User has successfully passed the course. Should the User fail a purchased course they can repeat until passed. The User is allowed to attempt to pass the course an unlimited number of times. Once the course is passed and a certificate is issued, the Customer will need to purchase the course again should they wish to repeat it with a new employer. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

Vouchers

Chorus CX (Wimpole Digital Limited) reserves the right to modify or cancel any voucher at any time.

Each voucher may only be used at www.inductionessentials.com for the purchase of Qualifying Item.

Each voucher collected can only be used as per amount purchased.

If you return any Qualifying Item(s) purchased with a voucher, the voucher discount or value will be subtracted from the refund you receive.

Vouchers are valid and redeemable for 90 days from purchase. Once account created it will be active for 12 months from the day of activation.

Vouchers have no cash redemption value and are not transferable or assignable.

Vouchers must not be used in conjunction with any other promotional discounts.

How to Redeem Voucher

The date by which you must redeem it (the”Expiry Date”) will be displayed on the voucher. You will usually have until 23:59 on the Expiry Date to redeem the voucher.

To redeem the voucher a staff member will make a one-off purchase up to a maximum of five or ten staff for each business.

Add the Qualifying Item to Shopping Basket by clicking the “Add to Basket” button.

Enter the code and ‘apply’ the code is shown on the Voucher, click the “Proceed to Checkout” button and place your order for the Qualifying Item.

The voucher 100% discount will be automatically applied at checkout, reducing the price of one Qualifying Item.

Free Trial & 100% Discount Promotions

Free Trial/100% Discount Vouchers. If Customer cancels a Free Trial before it expires, the Customers credit/debit card will not be charged. If Customer does not cancel before expiration of the Free Trial, Customer will automatically be enrolled in the appropriate membership (depending on Customers Free Trial sign-up choice), and Customers credit/debit card will be billed accordingly.

Payment Details. Recurring charges are billed in advance of service. The Customer agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details. The Customer further authorises the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Payment & Fee due for the Term (and Renewal Term). If, for any reason, the Customers credit/debit card company refuses to pay the amount billed for the Services, the Customer agrees that Company may, at its option, suspend or terminate Services and require Sthe Customer to pay the overdue amount by other means acceptable to the Company.

The company may charge a fee for reinstatement of suspended or terminated accounts. The Customer agrees that until Services are properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, the Customer agrees to reimburse the Company for all expenses incurred to recover sums due, including legal fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in British sterling.

Taxes. The Customer is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.

Term. The Customer may use the Services for the applicable term of the specific Payment & Fee commencing on the Effective Date (“Initial Term”). Thereafter, the Service will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Term”), until Customer notifies Company of its intention not to renew prior to the end of the then-current term.

Free Trial. The Customer may cancel a Free Trial at any time before it expires by following the relevant instructions. Continuance of the Service beyond the expiration of the Free Trial will incur the relevant fee.

Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.

Effect of Termination. Customer will have no further rights to access the Learning Website, Job Posting Service, Insight Survey Services, Directory. Termination will not affect the rights or liabilities of either party that accrued prior to termination.

Customer Termination. You may cancel Service for any reason during the 14-day period from the Effective Date by sending written notice to the Company at [email protected].

If you do so, and with respect to any paying Subscription, Company may, but is not obligated to, charge you a proportionate amount of the Subscription Fee for the part of the Subscription that you have used.

Subscriber agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Learning Website, Job Posting Service, Insight Survey Services, Directory.

This Learning Website, Job Posting Service, Insight Survey Services, Directory may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness.

The inclusion of any linked website on a Learning Website, Job Posting Service, Insight Survey Services, Directory does not imply approval or endorsement of the linked website by Company. A Customer that leaves this Website to access these third-party sites does so at its own risk.

Customers use of the Services or items obtained through the Services is at its own risk. The Services are provided on an “As Is” and “as Available” basis, without any statements or warranties of any kind, either express or implied. Neither Company nor any person associated with company makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services.

Without limiting the foregoing, neither company nor anyone associated with company promises that the Services or items obtained through the Services or any portion thereof, will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services or the website or the Server that makes it available, are free of viruses or other harmful components, or that the Services or items obtained through the Services will otherwise meet Customers’ needs or expectations.

Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by company or its authorised representative shall create a warranty or in any way increase the scope of this warranty.

 

Company does not in any way exclude or limit its liability for (I) death or personal injury caused by its negligence: (II) fraud or fraudulent misrepresentation; or (III) any other matter for which it would be illegal for company to exclude or attempt to exclude its liability.

The following section applies to individual Customers residents of the UK and European Union member countries:

In no event will company, its licensors, employees, agents, officers or directors be liable to you or any third party for any indirect, consequential losses (where consequential losses means loss arising as a side effect of the main loss), which are not a reasonably foreseeable consequence of such main loss or damage, including but not limited to (I) loss of income or revenue; (II) loss of business; (III) loss of profits; (IV) loss of anticipated savings; or (V) loss of data.

Customer agrees to compensate and defend fully the Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable legal fees) resulting from any third-party claim, action or demand arising out of any breach by the Customer of any representation, warranty, covenant, obligation or duty of the Customer under this Agreement.

All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

Except, for any provisions determining the primary contractual obligations of the Customer and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities.

Changes are effective immediately upon posting and Customers continued use of any of the Services following the posting of revised Terms of Service means that Customer accepts and agrees to the changes, to the extent permitted by applicable laws.

The Customer may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.

The Customer acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent the Customer from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.

These Terms of Service shall be construed and governed by the laws of England, without regard to the principles of conflict of laws thereof. The Customer agrees and accepts that any legal action or proceeding shall be brought in the courts of England and the Customer expressly waives any objection to personal jurisdiction, venue or forum non convenience. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), Customer agrees that all such disputes/claims will be resolved by the English courts system.

Legal notices may be sent to [email protected].

Notices to Customer may be sent either to the email address supplied in Customers account or to the address supplied by Customer as part of its registration data. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Customer to the extent permitted by applicable law.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website.

 

Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.

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