The following Terms of Use and our Privacy Policy and any Agreement you enter into setting out the agreement (“Agreement”) between Ezycon Ltd a company registered in England, with company number 13087133 and registered office at 152-160, Kemp House, London EC1V 2NX (“we”, “us” or “our”) and any person (“you” or “your”) accessing and using our online training platform and its contents (“Ezycon LMS”) and/or our training Learning Content or resources used on your own training platform (“Ezycon SCORM Files”) as set out in an Agreement.
By contracting to access Ezycon LMS, you may access and use our online training platform, the courses available on the online training platform, our blended learning manual and any updates we make to any of them from time to time each in accordance with the Agreement. In accessing and using Ezycon LMS you are not granted a license to any software under the Agreement.
By contracting to use Ezycon SCORM Files, your use of any content or software in connection with the Ezycon SCORM Files is subject to and governed by the terms of the end-user licence agreement (if any) which accompanies or is included with the Ezycon SCORM Files. You may not install or use any content or software in the Ezycon SCORM Files that is accompanied by or includes a licence agreement unless you first agree to the terms of such licence agreement. For any content or software not accompanied by a licence agreement, we hereby grant to you a revocable personal non-transferable licence to use Ezycon SCORM Files for viewing and otherwise in accordance with the Agreement.
Ezycon LMS, Ezycon SCORM Files and Ezycon LTD (as defined below) together constitute the “Ezycon Learning Content”. During the Term set out in any Agreement, your permitted learners may access and/or use the Ezycon Learning Content as described in this Agreement. All such access and use by your permitted learners are subject to compliance with the Agreement and you will at all times remain liable for your permitted learners’ compliance with the Agreement.
At any time, we may from time to time:
You must:
You understand that Learning Content made available in the Ezycon Learning Content is presented in good faith by us and is intended to promote the best-known practice but that it is your responsibility to make your own judgement as to the use of any material presented.
You acknowledge that we, as providers of the Ezycon Learning Content, provide online and offline learning resources only. You are responsible for ensuring learners are suitably able, supported, supervised or similar, as appropriate, by you to use online and offline learning, including computer literacy issues, access to computer equipment and power supplies all of which are your responsibilities, and we are in no way responsible for any matters arising from this point. We provide no guarantee that the learner understands the subject, this is a matter for you to assess and manage appropriately.
You are also responsible for ensuring learners are generally competent to, and physically capable of, undertaking any practical elements of the learning provided in the Ezycon Learning Content and that you have carried out and logged all necessary practical observations of such learners’ activities in respect of actions including, but not limited to, provision of CPR, use of fire equipment, moving and handling equipment and safe administration of medication. We are in no way responsible for your learners’ capabilities to be trained.
Notwithstanding the other terms of the Agreement, you are liable for payment of fees for your access to or use of the Ezycon Learning Content as set out in the Agreement and for any violation of our or any third party’s intellectual property rights.
The fees payable by you to access the Ezycon Learning Content will remain fixed during the Initial Term of your right to use, unless:
Any learners additional to the total permitted learners who access Ezycon LMS (if applicable) in any year of the Term shall be charged on a pro-rata basis, per learner and per year, for that proportion of the relevant year of the Term in which they so access Ezycon LMS.
The fees for any additional content or Learning Content requested by you shall be our then-current price as at the date of our agreement to give access to or supply such additional content or Learning Content. The fees for Ezycon Learning Content are subject to change at any time at our sole discretion prior to the date of purchase.
In respect of the applicable fees:
We may ask you to pay for Ezycon Learning Content by credit card or debit card, by us sending you an invoice, by BACS transfer or us arranging for you to set up a direct debit (where applicable).
For access to Ezycon LMS:
Once your Direct Debit form has been processed and the cleared payment of all fees received by us, we shall make the Ezycon Learning Content available to you.
For Pay, As You Go access to Ezycon’s online training platform and our training content and Learning Content (“Ezycon LTD”) you must purchase licence credits and Certificates from us. When we receive an authorised cleared payment for each licence credit, that credit and/or Certificate shall entitle one individual learner to use one training course and have access to that course for a period of 12 months only. Any unused licence credits expire in a year. You accept that we are not liable for unauthorised access to, use of or loss of credits.
When accessing any Ezycon Learning Content, all fees payment obligations are:
Please also see our Refund Policy, which forms part of these Terms of use.
The initial period of the Term of your access to the Ezycon Learning Content is set out in your Agreement. That access will automatically renew at the end of that initial period of the Term (unless otherwise specified in that Agreement) on the same terms, including payment terms, for an additional period of equal duration to the initial period of the Term.
If you wish to amend the terms of your access to the Ezycon Learning Content in the period of any automatic renewal after the initial period of the Term, please contact us no later than 5 working days prior to the end of the initial period of your Term to discuss your amended requirements.
To prevent automatic renewal of your access to the Ezycon Learning Content you must give us written notice by email of non-renewal no later than 5 working days prior to the end of the initial period of your Term.
You may cancel your access to the Ezycon Learning Content early in your sole discretion provided that should you cancel early we will not provide any refunds of any prepaid fees and you must promptly pay all unpaid fees due through the end of the Term of your access as set out in your Agreement.
We may terminate the Agreement and/ or suspend your or any permitted learner’s access to the Ezycon Learning Content, each immediately with written notice if you:
You must stop all use of the Ezycon Learning Content on, suspension, termination or expiry of the Agreement however that arises.
If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Term as set out in the Agreement. Fees are otherwise non-refundable.
You acknowledge and agree that the Ezycon Learning Content, it’s content and functionality, are provided on an “as is” and “as available” basis, and, to the fullest extent permitted by law, we make no warranty, whether express or implied, with respect to the Ezycon Learning Content, its content, functionality or availability. We do not make any promise that access to the Ezycon Learning Content will be uninterrupted or error-free.
Nothing in these terms of use will operate to exclude or limit either party’s liability: (a) for death or personal injury caused by its negligence; (b) for any fraud or fraudulent misrepresentation; or (c) to the extent that such liability cannot be excluded or limited under applicable law.
Subject to the previous sentence, to the maximum extent permitted under applicable law:
Notwithstanding the other terms of the Agreement, if we are determined to have any liability to you or any third party in respect of the making available of the Ezycon Learning Content or otherwise, we and you agree that our aggregate liability will be limited to a sum equal to the total amounts of fees paid or payable by you for the Ezycon Learning Content in the twelve (12) month period preceding the event giving rise to a claim.
You agree that information provided to us by you or collected by us about you (“your Information”) is governed by our Privacy Policy, and we agree to process, use and store your Information in accordance with applicable data protection laws. You acknowledge and agree that we may use your information to provide you with information about the Ezycon Learning Content or services similar to the Ezycon Learning Content. If you contact us via telephone, you acknowledge that we may record telephone calls for training and/or monitoring purposes.
You must provide us with an email and postal address and phone number and let us know if any of these change during the term of the Agreement. You must send all written notices to the address mentioned on our website contact page or email us at [email protected].
We may transfer our rights or obligations under the Agreement or arrange for any other person to carry out our rights or obligations under the Agreement and will provide you with notice in writing (which includes email) if this happens. You may not transfer any of your rights or obligations under the Agreement.
In accepting the Agreement, you agree to be bound by it. No alterations to the Agreement operate without the written authority of a Ezycon LTD director. We reserve the right to change these terms of use from time to time. You are responsible for regularly reviewing any amended terms of use posted notified to you. Following any such notification, your continued use of the Ezycon Learning Content will constitute your agreement to these terms of use as amended.
Only you and we may enforce the terms of the Agreement, and the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce the terms of the Agreement.
If you or we fail to enforce any of our rights under the Agreement, it will not mean that you or we (as applicable) have waived our ability to enforce such rights.
If there is any conflict between these terms of use and the Privacy Policy, these terms of use will take precedence. If any court considers any clause of the Agreement is illegal, invalid, or unenforceable, such clause will not apply to you or us (as applicable) and will not affect the validity or enforceability of the remainder of the terms of the Agreement.
The Agreement shall be governed by and construed in accordance with the laws of England and subject to the exclusive jurisdiction of the English Courts. The language of the Agreement is English, and all notices and information given under the Agreement will be in English. If you have a query about anything in connection with the Agreement, you may contact us at [email protected].