Terms and Conditions - CourseSight

General Terms and Conditions for CourseSight

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.

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.

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.

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 or 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:

name;
email address;
National Insurance number, if entered; and
Other booking details

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:

to ensure that content on CourseSight is presented in the most effective manner for you and for your computer;
to provide you with information, products or services we believe may be of interest to you based on your use of CourseSight including courses;
to carry out our obligations arising from the User Agreement entered into between you and us;
to help enable Providers to manage Training Place bookings and Material Unit purchases;
to view and process that data to provide support to Training Providers, Organisation Bookers, Individual Bookers and Industry Bodies;
to allow you to participate in interactive features of CourseSight, when you choose to do so;
to notify you about changes to CourseSight;
to maintain a record of Training Places that have been booked including for whom and by whom such places have been booked;
to identify you / the delegate and cross reference your or their CourseSight account or registered details with any account you or the delegate or your or their employer has with us in connection with our suite of products which comprise databases of the holders (Cardholders) of construction and related industry smartcards (including but not limited to cards issued by Construction Skills Certification Scheme Ltd (CSCS)). This suite of products includes but is not limited to SkillGuard, SkillSight, Validate and other client own-branded versions thereof. We may also pass such details to Providers so that they can identify and update training records for you / the relevant course delegate.

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, our SkillSight database and/or any other 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:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
to Providers and CSCS and other relevant card certification schemes for the purposes set out above;
if we are under a duty to disclose or share your personal data in order to comply with any legal obligation to our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

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 EEA unless there are appropriate safeguards or an adequacy decision in relation to the transfer as set out in the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) or the transfer otherwise complies with the GDPR.

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:

these terms and conditions (including any referred to in them); and
the terms and conditions of the Provider displayed on or linked to via CourseSight.

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 can 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.

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.

Linking to SkillSight

Providers may enter course outcomes against a Booker once they have completed a course. Where a Booker is a registered user of SkillSight and has activated the option in SkillSight to link their SkillSight account to their CourseSight account, course outcomes are automatically transferred to SkillSight if:

the CSCS or other relevant smartcard details for the Booker have been entered by the Booker; and
the Provider has posted the course outcome in CourseSight after the course completed.

The data is transferred to the Booker’s corresponding SkillSight account and once transferred into SkillSight is visible to anyone who electronically checks the delegate’s CSCS or other relevant smartcard. By entering CSCS or other relevant smartcard details for a delegate, you confirm the corresponding cardholder has given permission for this to happen and that you have made available to the delegate /cardholder a privacy notice in this regard.

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:

your use of or your inability to use CourseSight;
delays or disruptions in CourseSight;
viruses or other malicious software obtained by accessing, or linking to, CourseSight;
glitches, bugs, errors or inaccuracies of any kind in CourseSight;
damage to your hardware device from the use of CourseSight;
the content, action or inactions of third parties, including items listed using CourseSight;
a suspension or other action taken with respect to your Account or your breach of these terms as set out below;
your need to modify practices, content or behaviour or your loss or inability to do business, as a result of changes to this User Agreement.

Breaching these terms

When using CourseSight, you agree that you will not do any of the following:

behave in an abusive manner to any Reference Point Limited employee or any other user of CourseSight;
breach or circumvent any laws, third party rights or our policies;
post false, inaccurate, misleading, defamatory or libellous content;
fail to fulfil your contractual obligations regarding the sale or purchase of a Training Place or Material Unit;
use any of our trademarks without our prior written permission;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from CourseSight without our prior written permission;
interfere or attempt to interfere with the proper working of CourseSight; or
bypass any measures we may use to prevent or restrict access to CourseSight.

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:

we cannot verify or authenticate the information you have provided;
we have good reason to believe that you are creating problems or possible legal liabilities;
we have good reason to believe that you are violating this User Agreement, the law or are infringing the rights of third parties; or
you fail to make full payment of any fees due under the User Agreement by the relevant due date for payment.

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 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.

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:

contact other CourseSight users to solicit sales outside of CourseSight;
use the Booker’s personal data for any reason other than delivery of the Training Place or the provision of Material Units;
behave in an abusive manner to any of our employees or contractors or any other user of CourseSight;
breach or circumvent any laws, third party rights or our policies;
post false, inaccurate, misleading, defamatory or libellous content;
fail to fulfil your contractual obligations regarding the sale of a Training Place or Material Unit;
use any of our trademarks without our prior written permission;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from CourseSight without our prior express written permission;
interfere or attempt to interfere with the proper working of CourseSight; or
bypass any measures we may use to prevent or restrict access to CourseSight.

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:

arising under or in connection with these the User Agreement and/or these terms and conditions;
in respect of any use made by you of the CourseSight; and
in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms.

Except as expressly and specifically provided in these terms and conditions:

you assume sole responsibility for results obtained from the use of the CourseSight;
all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the User Agreement and these terms; and
CourseSight is provided to you on an "as is" basis.

Nothing in these terms and conditions excludes our liability:

for death or personal injury caused by our negligence; or
for fraud or fraudulent misrepresentation.

Except as set out in the preceding paragraph:

we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the User Agreement;
our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the User Agreement shall be limited to the amount of fees which you have paid to us in the 12 months prior to the action giving rise to the liability.

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: “Applicable Laws” means the laws of any member of the European Union or the laws of the European Union applicable to us.

“Data Protection Legislation” means the General Data Protection Regulation (GDPR) ((EU) 2016/679), the Data Protection Act 2018 and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK 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.

Both you and we will comply with all applicable requirements of the Data Protection Legislation. This clause 1 of this DPA is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
Without prejudice to the generality of clause 1 of this DPA, we will in relation to any personal data processed in connection with our performance of our obligations under this User Agreement process that personal data only on your written instructions unless we are required to process the data by Applicable Laws. Where we are relying on the laws of a member of the European Union or European Union law as the basis for processing personal data, we will promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit us from so notifying you. We will promptly inform you if, in our opinion, your instruction would not comply with the Data Protection Legislation.
The scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation) and categories of Data Subject are set out at Appendix 1, as amended from time to time by us at our sole discretion. For the avoidance of doubt, you agree that this User Agreement comprises your documented instructions to us (in accordance with Article 28.3(a) of the relevant Data Protection Legislation) to process the personal data set out at Appendix 1.
If we process any personal data on your behalf when performing our obligations under this User Agreement, you and we record our intention that you shall be the data controller and we shall be a data processor in accordance with the Data Protection Legislation and in any such case and without prejudice to the generality of clause 1 of this DPA:

you shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer the relevant personal data to us for the duration and purposes of this User Agreement so that we may lawfully use, process and transfer the personal data in accordance with this User Agreement on your behalf including but not limited to enabling us lawfully to view the personal data for the purposes of support, investigation of potential abuse, monitoring of system performance and account management;
you shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by the Data Protection Legislation and any other applicable data protection laws;
both you and we shall have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of the personal data and against its accidental loss, destruction or damage appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any such measures (those measures may include, where appropriate, pseudonymising and encrypting the personal data, ensuring confidentiality, integrity, availability and resilience of our systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted);
we will ensure that all persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
we will notify you without undue delay on becoming aware of any personal data breach;
we will provide you with all reasonable assistance in responding to any request from a Data Subject that you or we receive in connection the personal data;
you will indemnify us in respect of any loss or liability which we reasonably incur in connection with any request from a Data Subject that you or we receive in connection the personal data;
we will assist you ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
we will make available to you all information necessary to demonstrate compliance with the obligations set out at Article 28 of the relevant Data Protection Legislation and permit and contribute to audits, including inspections, conducted by you or another auditor of your choice for the purpose of ensuring such compliance; and
you and we will maintain complete and accurate records and information to demonstrate compliance with this DPA.

We will not transfer any of the personal data outside of the EEA unless the following conditions are fulfilled:

there are appropriate safeguards or an adequacy decision in relation to the transfer as set out in the Data Protection Legislation; or
the transfer otherwise complies with the Data Protection Legislation.

You consent to us appointing third party processors (collectively, “sub-processors”) to process the personal data on our behalf. The sub-processors currently engaged by us and authorised by you are set out at Appendix 2. We confirm that:

we will enter into with each third-party processor a written agreement incorporating terms substantially similar to this DPA;
as between you and us, we will remain liable for all acts or omissions of any third-party processor appointed by us pursuant to this clause 6 of this DPA; and
should you object to the appointment of any new sub-processor on reasonable grounds relating to the processing of personal data, we shall discuss with you reasonable alternative solutions in good faith. If no resolution can be reached, we will, at our sole discretion, either not appoint the new sub-processor, or permit you to terminate the Service in accordance with the termination provisions of these Terms.

On termination of this User Agreement for any reason unless required by Applicable Laws to store the personal data, we will within a reasonable period after receipt of your written direction to do so, delete or return the personal data and copies thereof. Should you fail to provide such written direction within 90 days of termination of this User Agreement, we will permanently delete the personal data from the database. Encrypted back-ups of the personal data will be kept for a maximum of 3 years after termination of this User Agreement or of such deletion. You shall pay all reasonable expenses incurred by us in returning or deleting the personal data.
We may at any time revise the provisions in this DPA by replacing them with any applicable controller to processor standard clauses or similar terms forming part of an applicable certification scheme as envisaged by the Data Protection Legislation (which shall apply when the relevant changes are made to this User Agreement).

Appendix 1

Processing by Reference Point Limited

At the time of booking an individual on training, personal details of each delegate are recorded and stored in CourseSight. These details are shared by CourseSight with the training provider with whom the course has been booked.
Upon completion of the booking process, the Booker makes an online payment via an external payment service (Stripe). Only the external payment reference is stored and processed in CourseSight. Confirmation of the booking is sent to the Booker and the Delegate.
Upon Completion of the Course, outcomes are recorded and stored in CourseSight by Training Provider Administrators (Outcomes are: Attended & Achieved / Attended & did not Achieve / Did not Attend).
If configured by the Booker, and if Delegate CSCS card numbers or others were provided, course outcomes for the Delegate are uploaded to SkillSight, SkillGuard or Validate as appropriate.

Types of Personal Data

Personal Data

Personal data is recorded for all Delegates as follows: First name, Surname, National Insurance Number (if entered), Email address, relevant industry card scheme membership number (if entered), other additional data required by the Training Provider or the Delegates Employer to support the process of booking onto Courses. Course(s) booked. Dates when training booked/attended and training outcomes.
Data stored and processed for System Users (Training Administrators, Course Administrators, System Administrators) comprises: Full name, Email address, Username, Password (encrypted), Employer/ Organisation.
Minimal Personal data is recorded for all Users of the system.

Special Category Data

There is no data classified by the ICO as ‘special category data’ stored or processed in the system.

Categories of Data Subjects

Individuals booked to attend training. These include:

Direct Employees of Companies that have registered to use CourseSight and who are booked on courses by their employer.
Subcontractors or Self-Employed Individuals subcontracted to work either for Companies that have registered to use CourseSight
Individuals that have booked themselves directly onto courses in CourseSight.

Authorised Course Booking Administrators. These include administrative staff within Companies that have registered to use CourseSight to book their Employees and Subcontractors onto Courses.
Authorised Training Administrators. These include course Trainers and Administrators authorised to record course outcomes on behalf of the training provider.
Authorised Industry Body Administrators.
Other Authorised Administrators of the system.
Individuals (Delegates/Employees) Who have obtained logins and access and view their own records.

Purpose of Processing

When a Training Place is booked for a delegate or where a Material Unit is purchased, some basic details about the delegate are captured, stored and processed and made available to the Training provider in order for the Training Provider to process the booking and subsequently fulfil their contractual obligation to deliver the training that has been booked.

Nature of Processing

Delegate details are captured and stored at the time a course place is booked, and these details are immediately made available to the training provider that will be delivering the training. In addition, booking confirmation and the course joining instructions are sent to the Booker and Delegate respectively.
After course completion, Training Providers record course outcomes on the system and these outcomes are communicated back to the course booker and the course delegate by e-mail.
External Online payment services provided by Stripe Inc.

Duration of Processing

Personal information collected will be retained for a maximum of 6 years. This retention period will apply from:

Delegates – from date of last course booked (whether by an employer or directly by the delegate themselves) or from last login date (whichever is the later)
Training Provider user accounts - from last login date (or from user profile creation date where no login has occurred)
Employer user accounts - from last login date (or from user profile creation date where no login has occurred)
Course Trainers – from date of last course linked to the trainer or from last login date (whichever is the later)

Encrypted backups: We will retain encrypted backup tapes containing personal data for a maximum of 3 years following deletion of the relevant data from our database.

Appendix 2

[Sub-processors]

Stripe – Payment processing.
Sendgrid – Email delivery services.

SkillGuard, SkillSight, Validate and other client own-branded versions thereof. Delegates and their Course outcomes transferred to SkillGuard, SkillSight, Validate and other client own-branded versions thereof when configured to do so by Employers who book courses.

Raygun – Application Errors & Exception Reporting.
Google – Website Analytics.