Please read and understand these terms and conditions (and any others referred to below) before you accept them. By accepting these terms and conditions to use our website to buy or sell places on training courses or units of training materials you will be bound by these terms and conditions and any others referred to below, where applicable (the User Agreement).
We are Reference Point Limited (we, us), a company registered in England and Wales under company number 02156356 and with our registered office and main trading address at Shire House, West Common, Gerrards Cross, Buckinghamshire, SL9 7QN. Our VAT number is 480192843.
We operate the website https://coursesight.co.uk (CourseSight). This page tells you information about us and sets out the legal terms and conditions on which you can use CourseSight.
We may periodically make changes to this User Agreement and shall notify you by posting a revised version of the agreement on the CourseSight website. The revised agreement will become effective immediately following such notice. Save for changes which are only editorial in nature, you shall have 15 days from such notification to terminate this User Agreement in the event of such a change. Your continued use of CourseSight thereafter will constitute acceptance of the revised User Agreement terms.
You may contact us by telephoning our customer service team at +44 (0)1753 279927 or by e-mailing us at support@coursesight.co.uk. If you wish to give us formal notice of any matter in accordance with the User Agreement, please write to us at the address above and send your letter by recorded delivery.
Please note that any disputes about charges or anything else in relation to a training course must be resolved between the Booker and the relevant Provider (defined below).
CourseSight is a cloud based training management system that provides a booking system and market place for registered buyers (each a “Booker”) to buy and for certain training providers (each a “Provider”) to sell: (i) places on training courses; or (ii) dedicated courses in their entirety as a single transaction (each a “Training Place”). Training Places may have related sets of materials for purchase either together with the Training Place or separately (each a “Material Unit”). CourseSight also provides statistics about the supply and demand of training to certain industry bodies approved by us to have access to CourseSight (each an Industry Body).
As a market place, CourseSight does not: supply training courses, endorse or approve training courses or set prices for training courses.
Industry Bodies can set up course templates on CourseSight for certain qualifications. Industry Bodies can approve a Provider to use these templates to create the Provider’s courses. Industry Bodies can also give general approval to Providers.
Any approval or content on CourseSight provided by an Industry Body is provided for general information only and is not intended to amount to advice on which you should rely. We have not verified or approved any of the information and course details provided by Industry Bodies, including any approval by them of a Provider. The views expressed and approvals given by Industry Bodies on CourseSight do not represent our views and are not warranties or endorsements by us.
Industry Bodies can create links on CourseSight to Providers and Bookers they want to connect with who agree to accept the connection.
Industry Bodies can view statistics in anonymised form about courses offered for sale on CourseSight and can get more detailed information about course bookings and course achievements for Providers and Bookers with whom the Industry Body has linked. That data will not include any personally identifiable details about any Booker.
Providers can sell Training Places and Material Units through CourseSight. Each course is based on a course template and a Provider can create one or more instances of a course using the template. Providers can create their own course templates or, where approved, can use those set up by Industry Bodies. Each Material Unit is based on a material template which only Providers may create.
Our Additional Terms and Conditions for Providers apply to a Provider’s use of CourseSight and bookings made with the Provider through CourseSight.
CourseSight may only be used for selling Training Places and Material Units to delegates domiciled in the UK and all such sales are subject to UK VAT rules.
There are two types of Booker: an organisation and an individual. All Bookers can search for and book Training Places and Material Units advertised on CourseSight. Individuals can only book a single Training Place; organisations can book multiple Training Places for multiple individuals ( each a “Course Delegate”).
Training Places may only be booked for Bookers and/or Course Delegates who are domiciled in the UK. If you are a Booker, you hereby confirm that you and/or all Course Delegates for whom you book Training Places and Material Units are domiciled in the UK.
In order to buy or sell a Training Place or Material Unit on CourseSight, you must register an account with us (an “Account”).
You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with CourseSight for a business entity, you represent that you have the authority to legally bind that entity.
When opening an Account, you must provide complete and accurate information. If your registration or payment information changes at any time, you must promptly update your details in your Account.
CourseSight reserves the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.
You are solely responsible for maintaining the confidentiality of your Account information and password. Your Account is not transferable to any other party.
We may collect information that you provide by filling in forms on our site or to gain access to our site. This includes information provided at the time of registering to use our site or requesting further services. We may also ask you for information when you report a problem with our site.
We may collect and process the following data about you and/or any Course Delegates you book Training Places or purchase Material Units for:
We use information held about you and/or Course Delegates for the following purposes and in the following ways:
We use information held about Cardholders in the manner set out in the terms and conditions and Privacy Notice for the particular product in question e.g. SkillGuard.
We may combine information held about you and/or Cardholders with other information we collect about you and/or Cardholders from other sources. We may use the combined information for the purposes set out above.
If you are an organisational Booker, you must ensure that each Course Delegate has given you their express and informed consent for you to provide us with their personal data, and for us to use and process that data and pass it on to Providers including, if applicable, Providers in third countries for the purpose of identifying course delegates, booking and managing Training Places and linking delegates to, and updating their records on any database in our SkillGuard suite of products in relation to which you or the delegate or your or their employer has an account with us.
We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer (see our Cookie Policy).
Credit or debit card information will not be stored or retained by CourseSight or Providers. All such data will be securely stored within the payment processor’s environment. For the avoidance of doubt, there may be occasions when a Booker calls us to book a course and requests that we input credit or debit card information directly into payment processor Stripe’s system on their behalf but we do not record or retain these details in any circumstances.
We may disclose personal information that you have provided to us to third parties:
We may disclose and make available information you give us about Cardholders to our sub-contractors in connection with the provision of our services to you.
All information you provide to us is stored on our secure servers located in the UK.
We will not transfer any data that we collect or receive from you that constitutes personal data outside of the UK unless there are appropriate safeguards or the transfer is based on adequacy (regulations or decision), the data subject has enforceable rights and effective legal remedies or the transfer otherwise complies with the Data Protection Legislation (“Data Protection Legislation” being as defined in the “Data Processing Agreement (GDPR)” section below) except that where a Booker (including an individual Booker) purchases a Training Place or Material Unit from a Provider based in a third country (a “third country” being as defined in the “Data Processing Agreement (GDPR)” section below), you the Booker (including an individual Booker) instructs us to transfer the relevant personal data of the Booker (including an individual Booker) and/or Course Delegates to that Provider in that third country provided that the Provider has agreed that it will incorporate the European Commission’s Standard Model Clauses for transfers of personal data outside the EEA (and any UK successor safeguard thereof) into the terms upon which it supplies Training Places and Material Units to you the Booker but you acknowledge and accept that such incorporation may not achieve equivalent protection (i.e. equivalent with the full protection afforded by the Data Protection Legislation) of the relevant personal data.
We will take all steps reasonably necessary to ensure that your data and any data relating to any Course Delegates you give us are treated securely and in accordance with these terms and conditions.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use reasonable procedures and security features to try to prevent unauthorised access.
Any purchase of a Training Place or a Material Unit from a Provider is subject to:
Unless agreed otherwise by the Provider, payment from the Booker of the amount specified by the Provider for the relevant Training Place or Material Unit is due and payable immediately.
A Booker can pay using one of the accepted payment methods by following the on-screen instructions on CourseSight or via another method agreed with the relevant Provider. Payments shall be made in £ Sterling only.
A Booker’s obligation to pay for a Training Course or Material Unit is satisfied when the Provider has received the payment in full.
The Provider is responsible for determining whether VAT or any other taxes are due on the sale of a Training Place or Material Unit, and for collecting and remitting such taxes. Any applicable taxes must be included in the price of the Training Place or Material Unit.
Details of a Booker’s right to cancel and/or rearrange their booking of a Training Place or of a Booker’s right to cancel their purchase of a Material Unit are stated by the relevant Provider for the relevant listing on CourseSight.
If, for any reason, the Training Place or Material Unit that a Provider has sold is no longer available, the Provider must either: (i) contact the Booker (by email to the address provided by the Booker) and resolve the matter; or (ii) cancel the event directly from the event page.
Reference Point Limited is not responsible or liable for the cancellation, venue, room, date or time changes, or changes to the delivery method of any courses. Any disputes about charges, refunds or anything else in relation to a course must be resolved between the Booker and Provider. Reference Point solely provides a web booking engine service and disclaims any and all liability for the quality of training, material, payment and/or refund disputes or anything else pertaining to the purchase made.
Reference Point Limited does not have any responsibility or liability for notifications or e-mails sent to Bookers or the content of the same including any information which is incorrect or misleading.
The Provider remains liable for the fees and/or charges of Reference Point notwithstanding any such cancellations or disputes.
This User Agreement shall commence on the date that you register an Account with CourseSight or, if you are a Provider, on the date on which you accept our Letter of Commitment if earlier (the “Commencement Date"), and will continue for an indefinite period unless terminated in accordance with these terms and conditions.
If you are an organisation which has a separate written agreement in place with us in respect of CourseSight (which is signed on your behalf and our behalf):
If you are a Booker, you may terminate this User Agreement at any time by telephoning our customer service team at +44 (0)1753 279927 or by e-mailing us at support@coursesight.co.uk
If you are a Provider, you may terminate this User Agreement as set out in the Additional Terms and Conditions for Providers below.
Without limiting our rights (as set out below), we may terminate this User Agreement by giving at least thirty (30) days’ notice by email to your registered email address.
Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
Your data will be retained for a period in accordance with the duration of processing section of this User Agreement, see Appendix 1.
We reserve the right at any time to modify or discontinue, temporarily or permanently, CourseSight or any part of CourseSight with or without notice for any reason. We perform regularly scheduled maintenance and therefore CourseSight may be temporarily unavailable during maintenance periods.
When providing us with content for CourseSight, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense-able right to use the content and authorise us to exercise any and all copyright, trademark, publicity, database or other rights you have in or to the content in any media known now or in the future.
We or our licensors are the owner or the licensee of all intellectual property rights in CourseSight, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from CourseSight for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of our licensors and other identified contributors) as the authors of content on CourseSight must always be acknowledged.
You must not use any part of the content on CourseSight for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of CourseSight in breach of these terms, your right to use CourseSight will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Where CourseSight contains links to other websites and resources provided by third parties, including Providers, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
CourseSight may include information and materials uploaded by other users of CourseSight, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on CourseSight do not represent our views or values.
To the fullest extent permissible by law, we shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as losses of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption for any losses which are not reasonably foreseeable by us arising, directly or indirectly, from:
Nothing in this User Agreement excludes our liability:
When using CourseSight, you agree that you will not do any of the following:
Without limiting other remedies, we may limit, or temporarily or permanently suspend, or terminate your Account, restrict or prohibit access to, and your activities on, CourseSight, remove listings and take technical and legal steps to keep you from using CourseSight if:
The User Agreement (and all documents incorporated by reference) constitutes the entire agreement between us relating to its subject matter and supersedes all prior agreements and understandings between us.
If you are an organisation which has a separate written agreement in place with us in respect of CourseSight (which is signed on your behalf and our behalf):
We may transfer this User Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under this User Agreement, or if we delay in taking steps against you in respect of your breaking this User Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
These terms and the User Agreement are governed by English law and you can bring legal proceedings in respect of any dispute or claim arising out of or in connection with these terms in the English courts.
What are cookies?
Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and allows us to improve our site.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer (or internet-enabled device) if you agree.
Cookies allow us to identify the computer or device you are using to access our website – but we cannot identify you personally. This information is sent back to our systems as you move around our website. Cookies are unique to the web browser you are using – so if you are using a desktop computer as well as a smart phone, different data will be collected for each.
Cookies we use
We use the following cookies:
Strictly necessary cookies: These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website and services.
Analytical/performance cookies: These allow us to recognise and count the number of visitors and to see how visitors move around our site when they are using it e.g. which pages are viewed by visitors most frequently. This helps us to improve the way our website and services work, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our site. This enables us to personalise our content for you and remember your preferences (for example, your choice of language or region).
We do not set targeting/advertising cookies.
Who sets cookies?
Cookies can be set by the owner of the website you are on. These are known as first party cookies. Please note that third parties may also set cookies of any type, over which we have no control – however, you can control them by managing your cookies (see below). Only the owner of the cookie can see the anonymous information it collects.
How can I manage cookies?
You may block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. However, if you select this setting, you may be unable to access all or certain parts of our site.
You can find more information about cookies on the ICO Website https://ico.org.uk/global/cookies and you can find detailed information on how you can control cookies at AboutCookies.org.
We may need to update this Cookie Policy in the future and so encourage you to review this Cookie Policy periodically to stay informed about how we are using cookies. This Cookie Policy was last updated in February 2020.
If you have any questions or comments regarding this Cookie Policy, please e-mail support@referencepoint.co.uk
These terms apply to you if you are a Provider, in addition to the General Terms and Conditions.
The registration information you provide when you open an Account, your training course details and the history of bookings on your training courses will be stored and may be used for the purpose of communicating with you and with Bookers which are organisations about things we think may be of interest to you and/or them including courses. Information about you and the course data you provide will be passed on to the relevant Bookers and you can view statistics and reports about the Training Places and Material Units you have sold.
We reserve the right to suspend or close your Account at any time without giving a reason and without compensation. If we close your Account, we will send you a report showing your outstanding Training Place bookings at the time of closure.
For each training course you post on CourseSight, you must include full details of your terms and conditions governing bookings, including cancellations, privacy policy and substitutions.
You are responsible for the information you post about your training courses. You undertake to provide the training courses using reasonable care and skill and you warrant not to do anything that might bring CourseSight into disrepute.
You shall only charge course fees payable by the Booker in £ Sterling and any applicable taxes must be included in the price of the Training Place and/or Material Unit.
You will not use the personal contact details which are provided to you by us in connection with the booking of a Training Place or purchase of a Material Unit to contact the individual directly other than in relation to their booking.
CourseSight provides the facility for Training Provider Administrators to upload PDF and/or JPEG files, however CourseSight holds no liability for the use, misuse and/or accuracy of such files.
Where a Booker has correctly entered a Course Delegate’s relevant smartcard details on a booking form you must record the outcome of the course in CourseSight (e.g. First Aid Certificate Level 1), for this information to be transferred into the relevant database to which the CourseSight account has been linked. This can be done individually or in a bulk award. The Booker and/or Training Provider Administrator must enter the outcome details and/or the smartcard/third party system details on the booking form correctly. In the event of incorrect outcomes or entries being passed to the third-party systems, we hold no liability in contract, tort or otherwise for such entries.
Within CourseSight, you can create a link to Industry Bodies and Bookers that you want to connect with.
Once linked to a Booker, via the “My Community” tab, you can give that Booker a discount on all or some of your Training Places. You may also give Bookers the option to pay for Training Places or Material Units on account.
You can take payment for the courses you sell through CourseSight either by credit/debit card or by payment on account. Where a payment is made by credit/debit card, the Booker will be issued with a VAT receipt in your name.
In order to take payment by credit/debit card, you must first set up an account with Stripe. (To find out how to set up an account, go to https://stripe.com/gb .) Payments taken by card are paid directly into your account, subject to the terms and conditions of Stripe.
Where you accept payment on account for a Training Place or for a Material Unit, you are responsible for obtaining payment from the Booker. Reference Point Limited is not liable for the creditworthiness of any Booker and the Provider agrees to accept all responsibility for obtaining payments, irrespective of the method of payment.
Unless otherwise agreed, prior to the commencement of this User Agreement you may choose one of two pricing options which are set out below (Annual or Monthly Charges) which we will confirm to you in writing prior to the registration of your Account together with details of key terms, the Band (A-F) which you have chosen and our charges for that chosen Band which you shall pay as set out in the table below.
If the number of your Delegates Processed within a calendar month exceeds the limits imposed for your chosen Band (A-F), we will apply, and you shall pay an overage charge for each Delegate Booked over your Band’s limit.
“Delegate Processed” means an individual who has been registered against a Training Place.
Booking cancellations or disputes shall not be considered for the purposes of reducing the number of Delegates Processed.
Your annual charge shall be in accordance with the Band you have chosen. A higher annual charge shall apply for volumes of bookings above our banding system where this has been agreed in an enterprise contract.
We shall invoice you on or around the Commencement Date of this User Agreement in respect of our charge for the forthcoming 12-month period commencing on the Commencement Date of this User Agreement.
You shall pay our (annual charge) invoice within sixty (60) days of the date of the invoice in full and in cleared funds to the bank account shown on our invoice. Time for payment shall be of the essence.
Should your annual limit for Delegates Processed be exceeded, we shall invoice you for the associated overage charges at the end of the contract year i.e. at the end of the 12-month period commencing on the Commencement Date of this User Agreement we shall invoice you for any overage charges arising during that 12 month period and we shall do the same on each anniversary thereafter.
You shall pay our (overage) invoice within thirty (30) days of the date of the invoice in full and in cleared funds to the bank account shown on our invoice. Time for payment shall be of the essence.
You may terminate this User Agreement by giving at least thirty (30) days’ notice prior to the expiration of the 12-month period following its commencement by e-mailing us at support@coursesight.co.uk
This User Agreement shall otherwise automatically renew for a further period of twelve (12) months and on each anniversary thereafter unless terminated by you by giving at least thirty (30) days’ notice prior to its renewal date by e-mailing us at support@coursesight.co.uk
We may increase these annual charges on reasonable advance written notice to you by posting a notice on CourseSight.
Your monthly charge shall be in accordance with the Band you have chosen.
Commencing on the Commencement Date of this User Agreement at the start of each calendar month we shall take a direct debit using Stripe of our charge for the forthcoming calendar month. You agree to carry out the necessary actions to permit such a direct debit to be taken by us including ensuring ongoing payment is possible for the duration of this User Agreement e.g. ensuring updated payment details are provided if a payment method expires.
Payment is due within 30 days. Time for payment shall be of the essence.
Should your per month limit for Delegates Processed be exceeded in any given month(s), we shall invoice you for the associated overage charges at the end of each quarter for that quarter’s overage charges.
You shall pay our (overage) invoice within thirty (30) days of the date of the invoice in full and in cleared funds to the bank account shown on our invoice. Time for payment shall be of the essence.
You may terminate this User Agreement by giving at least thirty (30) days’ notice by e-mailing us at support@coursesight.co.uk
We may increase these monthly charges on giving you at least 30 days' advance written notice, which we may notify to you by posting a notice on CourseSight.
Your data will remain available to you for extraction via reports for four (4) weeks following the date of termination or expiry of this User Agreement, at which point your user login(s) will be disabled.
Your data will be retained for a period in accordance with the duration of processing section of this User Agreement, see Appendix 1. At the time you notify us of termination of this User Agreement, you may request a bulk export of data as part of the decommissioning process. If you decide to reactivate your Account within the relevant duration of processing period(s) applicable to your data, your data may be restored to your reactivated Account.
CourseSight has APIs that you may access subject to the terms and conditions below by applying to us for an API key including one that enables you to pull course data for your Training Places from CourseSight and another that enables you to pull out reporting data relating to your Training Places. APIs can be tested by you in a sandbox environment prior to activation. Charges for use of APIs will be agreed with you separately to this User Agreement. You agree to pay such charges.
“Your Application” refers, in this document, to any application that interfaces with our systems by means of the API. You may charge for your application however, you may not sell, rent, lease, sublicense, redistribute, or syndicate access to either of our APIs.
Your right to access our APIs and documentation is limited and subject to compliance with the CourseSight User Agreement and Privacy Policy. Further, you will not: (A) access our APIs or documentation in violation of any law or regulation; (B) access our APIs in any manner that (i) compromises, breaks or circumvents any of our technical processes or security measures associated with the Services, (ii) poses a security vulnerability to customers or users of the Services, or (iii) tests the vulnerability of our systems or networks; (C) access our APIs or documentation in order to replicate or compete with the Services; (D) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our APIs or Services; or (E) attempt to use our APIs in a manner that exceeds rate limits, or constitutes excessive or abusive usage.
If you offer Y use by others outside your organisation, you must maintain a user agreement and privacy policy for your Application, which is prominently identified or located where users download or access your Application. Your privacy policy must meet applicable legal standards and describe the collection, use, storage and sharing of data in clear, understandable, and accurate terms. You must ensure the use of Your Application will not result in the transfer of personal data outside the UK.
You retain your ownership rights in your Application and we own and will continue to own our APIs and related documentation, including all related intellectual property rights therein.
At our complete discretion, we may terminate your use of our APIs at any time, with or without cause, and without notice to you. If we do this, we will give you a pro rata refund of any API fees you have already paid to us. You will still be liable to pay us any outstanding API fees for the period up to termination. Upon termination, all rights and granted to you will terminate immediately. You understand that any APIs or documentation that are not made generally available but that are otherwise made available to you are our confidential information. Upon termination, you will promptly destroy copies of such confidential information and confirm that you have done so.
You may discontinue use of our APIs at any time without refund of any API fees already paid.
Except as expressly provided for herein, the APIs, documentation and all related components and information are provided by us on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that we do not warrant that the APIs will be uninterrupted, timely, secure, or error-free.
You agree to indemnify us for any claim made against us relating to your use of our APIs.
All amounts payable by you are exclusive of amounts in respect of value added tax chargeable for the time being (VAT). You shall pay such additional amount in respect of VAT as is chargeable at the same time as payment is due under these terms and conditions.
If you fail to make any payment due to us by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per cent per annum above the Bank of England's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
If a payment due to us is not made on time, we reserve the right to suspend your Account until all overdue payments have been made. A recommencement charge of £250 shall be levied in order to reinstate your Account following any such suspension.
You shall not seek to circumvent CourseSight or operate in a manner which seeks to avoid liability for our fees and charges.
The Provider remains liable for the fees and/or charges of Reference Point Limited:
For enterprise contracts, where you have a separate written agreement in place with us in respect of CourseSight (which is signed on your behalf and our behalf) we may provide Training Places and/or Material Units on a fixed price basis for a particular duration and on suitable payment terms where you have guaranteed the purchase of certain volumes of such Training Places and/or Material Units as set out in that agreement.
When using CourseSight, you agree that you will not do any of the following:
This section sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you:
Except as expressly and specifically provided in these terms and conditions:
Nothing in these terms and conditions excludes our liability:
Except as set out in the preceding paragraph:
You agree to indemnify and hold us and (if applicable) any parent, subsidiary or affiliated company from time to time (each a member of our Group) of ours and each of our and their respective officers, directors, employees and agents harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees) incurred by us and (if applicable) any member of our Group resulting from or arising out of your breach of the User Agreement, your improper use of CourseSight and/or your breach of any law or the rights of a third party.
These terms (“DPA”) apply to you if you are a Provider, a Booker which is an organisation or an Industry Body, in addition to the General Terms and Conditions.
In this DPA the following expressions have the following meanings:
“Data Protection Legislation” means the UK GDPR, the Data Protection Act 2018 and any regulations and secondary legislation made thereunder, as amended or updated from time to time and then any successor legislation thereto.
“Data Subject” has the meaning ascribed to it in the Data Protection Legislation.
“personal data” means data subject to protection under data protection law in any jurisdiction.
“third countries” (or a “third country”) means the US or other countries outside the UK which are not subject to an adequacy regulation or decision as set out in the Data Protection Legislation.
“UK GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments Etc.)(EU Exit) Regulations 2020.
Appendix 1 to the Standard Contractual Clauses
The Member States may complete or specify, according to their national procedures, any additional necessary information to be contained in this Appendix.
Data exporter
The data exporter is the user of CourseSight.
Data importer
The data importer is the Provider based in a third country.
Data subjects
The personal data transferred concern the following categories of data subjects:
The data subjects set out in Appendix 1.
Categories of data
The types of personal data set out in Appendix 1.
Special categories of data (if appropriate)
None.
The personal data transferred concern the following special categories of data (please specify):
CourseSight does not intentionally collect or process any special categories of data.
However, special categories of data may from time to time be processed through CourseSight where the data exporter or its end users choose to include this type of data within the communications it transmits. As such, the data exporter is solely responsible for ensuring the legality of any special categories of data it or its end users choose to process using CourseSight.
Processing operations
The personal data transferred will be subject to the following basic processing activities (please specify):
This comprises the activities set out in the nature of processing in Appendix 1.
Appendix 2 to the Standard Contractual Clauses
Description of the technical and organizational security measures implemented by the data importer in accordance with Clauses 4(d) and 5(c) (or documentation/legislation attached):
Please refer to the Provider’s website.
Appendix 4
Annex B to the Standard Contractual Clauses
DESCRIPTION OF THE TRANSFER
Data Subjects
The personal data transferred concern the following categories of data subjects:
The data subjects set out in Appendix 1.
Purposes of the Transfer(s)
The transfer is made for the following purposes:
The purpose of processing set out in Appendix 1.
Categories of data
The types of personal data set out in Appendix 1.
Recipients
The personal data transferred may only be disclosed to the following recipients or categories of recipients:
N/A
Data protection registration of the data exporter
Hosting the Service
We shall host CourseSight with a third party cloud hosting platform provider such as Microsoft Azure such that it can be accessed over the Internet 24 hours a day, 365/6 days a year, with a targeted uptime, excluding maintenance, of 99.5%.
We shall host CourseSight with sufficient capacity to handle the level of demand required. We shall monitor service performance and configure cloud resources and scale the solution as required to enable 98% of page requests to be processed and served within 2 seconds (excluding reports and other pages containing high volumes of data).
We shall host CourseSight within the United Kingdom, the database servers shall be located in the United Kingdom and all backups shall be made and stored within the United Kingdom. All data processing shall take place in accordance with the laws of England.
Commissioning
We shall be responsible for providing the software and any associated services or licences necessary to host CourseSight;
We will deploy and commission the software along with any cloud services necessary to run CourseSight.
We shall be responsible for the costs associated with hosting CourseSight.
Maintenance
We shall be responsible for servicing and maintaining CourseSight, the cloud services used to host CourseSight and any third-party services needed to host CourseSight to ensure smooth, uninterrupted running of the service.
Scheduled maintenance requiring CourseSight to be taken offline will be at times announced in advance.
We shall be responsible for installing upgrades and updates to CourseSight and will maintain a record of version numbers and installation dates for each upgrade. Upgrades will be installed at times announced in advance. The patching schedule shall ensure that the underlying platform is protected with regular security updates. We shall closely monitor patching activity and ensure that high availability features are appropriately configured so that any such updates do not impact on the availability of the service.
Security
We shall implement appropriate security measures to ensure the integrity of the hosted service and the data held within it in-line with accepted industry good practice prevailing at the time. We shall work closely with cloud security specialists to ensure best practice in the configuration of the software and infrastructure. This includes encryption of all in-transit and at-rest data using current and appropriate information security protocols, management, maintenance and secure configuration of application firewalls and other network security restrictions in conjunction with specific security measures integrated into the software.
The software platform shall be subjected to periodic external penetration testing by an external IT security specialist service provider.
All our personnel involved in the design, configuration and operation of the service shall carry out their duties in relation to delivery of the service in accordance with our ISO 27001 certification and security policies which are annually audited by an external ISO 27001 accrediting body.
Third Party Software/Services
We shall be responsible for the cost of supplying, licensing and operating any third-party software or services (including Microsoft Azure Platform) necessary to deploy, monitor, configure or otherwise provide CourseSight.
Data Back-Ups
We shall implement back-up procedures commensurate with standard industry good practice prevailing at the time. The back-up process shall not affect availability of the service.
At a minimum:
In the event of damage to or loss of your data, we shall be responsible for restoring the data from the most appropriate back-up.
We shall provide third line support for CourseSight during normal working hours.
We shall use all reasonable endeavours to respond to and resolve problems within the following timescales, from when the problem is first reported:
Error Category Response Time Temporary Fix Permanent Fix
Major error 30 minutes 12 Hours 5 Business Days
Serious error 30 minutes 1 Working Day 14 Business Days
Other error 30 minutes 14 Working Days 50 Business Days
Key:
A “major error” is an error which prevents CourseSight (or any aspect thereof) from being run effectively and/or cripples CourseSight (or any aspect thereof).
A “serious error” is an error which causes severe performance degradation; causes a halt to the operation of important tasks or places the operation of such tasks at risk.
An “other error” is any defect or any failure of us to provide the services in accordance with the terms of this User Agreement, other than a major error or a serious error.
A “temporary fix” is an acceptable temporary work around the error, which allows you to make proper use of CourseSight (or the affected part thereof) without substantial degradation in performance.
A “permanent fix” is a permanent resolution of the error, which restores CourseSight (or the affected part thereof) to full performance in accordance with the terms of this User Agreement.
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