We strongly encourage you to 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).
Who we are
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 and your continued use of CourseSight will constitute acceptance of the revised User Agreement terms.
Contact us
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 in paragraph 1 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).
About CourseSight
CourseSight is a cloud based course booking system that provides a market place for registered buyers (each a Booker) to buy and for certain training providers (each a Provider) to sell places on training courses (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
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 individual Booker.
Providers
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.
Bookers
There are two types of Booker: an organisation and an individual. All registered Bookers can search for and book Training Places and Material Units advertised on CourseSight. Individuals can only book a single Training Place on a course; organisations can book multiple Training Places.
Courses may only be booked for delegates who are domiciled in the UK. If you are a Booker, you hereby confirm you are domiciled in the UK. If you are an organisation Booker, you hereby confirm that all delegates for whom you book Training Places and Material Units are domiciled in the UK.
Registering with us
In order to buy or sell a Training Place or Material Unit on CourseSight, you must register an account with us (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.
How we will use your personal information
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 any course delegates you book Training Places or purchase Material Units for.
When you book a Training Place or purchase Material Units, we will pass the following details about you and/or the delegate to the relevant Provider:
For e-learning courses, we may pass the delegate’s name and e-mail address to Scorm Cloud (a service operated by Rustici Software, LLC) which provides services facilitating the management of e-learning courses including the tracking of progress and recording of delegate outcomes.
If you contact us, we may keep a record of that correspondence;
We may also ask you to complete surveys, although you do not have to respond to them;
Details of your visits to our site for system administration and to report aggregated information to Providers and Industry Bodies. This is statistical data about our users' browsing actions and patterns and use of CourseSight and does not identify any individual.
We use information held about you 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 organisation booking a Training Place, 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 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 your personal information 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 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 do what we reasonably can 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.
Purchase of Training Places
Any purchase of a Training Place or a Material Unit from a Provider is subject to:
Purchases may be subject to payment card verification and other security checks and your transaction may be cancelled if it has not passed any such verification process.
Payment
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.
Course cancellation, postponement, other event changes
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 contact the Booker (by email to the address provided by the Booker). If the Booker does not accept an alternative Training Place or Material Unit, the sale must be cancelled and payment refunded in full to the Booker by the Provider.
Reference Point Limited is not responsible for the cancellation, or venue or time changes, 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 and disclaims all liability for quality of training, material, payment disputes or anything else pertaining to the purchase made. The Provider remains liable for the fees of Reference Point notwithstanding any such cancellations.
The Provider remains liable for the fees of Reference Point in respect of the purchase by Bookers of Material Units notwithstanding the cancellation of any such purchase.
Term and termination
This User Agreement shall commence on the date that you register an Account with CourseSight and will continue for an indefinite period unless terminated in accordance with these terms and conditions.
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. Without limiting our rights (as set out below), we may terminate this User Agreement at any time 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.
Website changes and availability
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.
Intellectual property rights
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.
Links to other websites and user-generated content
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.
Liability
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:
Breaching these terms
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:
Other important terms
The User Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior agreements and understandings between the parties.
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 the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
Cookie Policy
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. Cookies are not used in any Apps we provide.
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
Additional Terms and Conditions for Providers
These terms apply to you if you are a Provider, in addition to the General Terms and Conditions.
Your Account
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.
Your training courses
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.
When posting training courses on CourseSight, you accept and agree that the terms and conditions you offer (including but not limited to as to price) will be at least as favourable as those granted by you on your own website or any other website or platform which you use to advertise training courses.
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.
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.
Course outcomes
Where a Booker has correctly entered a delegate’s CSCS or other relevant smartcard's details on a booking form, provided the Booker has linked their CourseSight account to an account in a database in our suite of products which comprises databases of holders (Cardholders) of construction and related industry smart cards (including but not limited to cards issued by CSCS), you shall record the outcome of the course in CourseSight (e.g. First Aid Certificate Level 1), so that this information can be transferred into the relevant database to which the CourseSight account has been linked.
Linking to other users
Within CourseSight, you can create a link to Industry Bodies and Bookers that you want to connect with, provided such users accept the connection.
Once linked to a Booker, you can give that Booker a discount on all or some of your training courses. You may also give linked Bookers the option to pay for Training Places or Material Units on account.
Payment receipt methods
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 booking or for a Material Unit purchase, 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.
Fees payable
For each Training Place which is listed by you and booked by a Booker on CourseSight, you shall pay our charge of 10% of the fee that you charge to the Booker or 10% of the list price, whichever is the greater, subject to a minimum fee of £5. For each Material Unit which is listed by you and purchased by a Booker on CourseSight, you shall pay our charge of 10% of the fee that you charge to the Booker subject to a minimum fee of £2.50.
For larger organisations, 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.
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.
We may increase our fees on giving you at least 30 days' advance written notice, which we may notify by posting a notice on CourseSight.
We will send you an invoice at the beginning of each calendar month for all Training Places and Material Units booked through CourseSight in the previous calendar month.
Subject as set out below, the fees payable by you to us for any Training Places which are booked through CourseSight and which are then cancelled by the Booker through CourseSight before the date that the course commences, will be credited to you.
The fees payable by you to us for any Training Place listed by you and booked through CourseSight remain payable by you to us if you cancel the booking for any reason (including by reason of the course no longer being available), at any time after such booking and whether or not the cancellation is permitted by the course terms and conditions that apply between you and the Booker. Each invoice/credit note will include a statement showing relevant bookings, cancellations and corresponding fees.
You shall pay our 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.
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.
You shall not seek to circumvent CourseSight or operate in a manner which seeks to avoid liability for our fees and you shall not rearrange the Booker’s booking without registering the rearranged booking through CourseSight or otherwise notifying us of the change. If a Booker cancels a Training Place booked through CourseSight and rebooks the relevant delegate on to the same course directly with you or through another booking provider within 3 months of the date of the original booking, you will be liable for our fee as if the Training Place had never been cancelled.
Restrictions
When using CourseSight, you agree that you will not do any of the following:
Liability
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:
Indemnity
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.
Data Processing Agreement (GDPR)
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
Processing by Reference Point Limited
Types of Personal Data
Categories of Data Subjects
Purpose of Processing
Nature of Processing
Duration of Processing
Appendix 2
Personal Data Sub-processors
Appendix 3
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:
Sensitive data
N/A
Data protection registration of the data exporter
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