PLEASE READ CAREFULLY.
This Website (“Site”) is a Training Portal Service supplied by Herschel Infrared Ltd (SUPPLIER), a UK registered company #08495672.
This Service hosts training content (“Training”) developed by SUPPLIER, as well as by third party companies. In all cases, original authorship is denoted by the branding on the Training.
There are terms for use of the Service and use of its Training Content – both contained within this document. It is important you read them both.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.
Access to the Service is granted via SUPPLIER direct to its own clients or to clients of other companies via their own training portals.
You have accessed the service via: Herschel Infrared Technology Centre, herein after known as COMPANY.
These Terms and Conditions (“Terms”) govern your access to and use of the Service.
LIMITATION OF LIABILITY. IN NO EVENT WILL SUPPLIER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SERVICE, OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, DAMAGE TO PROPERTY OR PERSON, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAXIMUM LIABILITY RECOGNISED BY SUPPLIER IS LIMITED TO REFUND OF ENROLLMENT FEES AND WITHDRAWAL OF SITE ACCESS.
LINKS TO THIRD PARTY SITES. There may be links on this Site that will permit you to travel to other, third-party sites over which SUPPLIER has no control. These links are provided for your convenience only and you use them at your own risk. SUPPLIER makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the Web sites that you may access through this Site. SUPPLIER does not endorse or accept any responsibility for the content, or use, of any such linked web sites.
DOWNLOADABLE SOFTWARE. There are inherent dangers in the use of any software available for downloading on the Internet, and SUPPLIER cautions you to make sure that you completely understand the potential risks before downloading any software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
JURISDICTION AND GOVERNING LAW. This Service is maintained, controlled, operated and administered by SUPPLIER from within the United Kingdom (UK). SUPPLIER makes no representation that materials at this site are appropriate for use at locations outside of the UK and access to this Site from countries where its content or operation is illegal is prohibited. If you access this Site from a location outside of the UK, you are responsible for compliance with all local laws. The use of this site, its content and these Terms is governed by the laws of the United Kingdom. Any legal proceeding arising out of the use of this Site, its content or these Terms must be brought in the United Kingdom and must be brought within one year after the claim or cause of action arises or it is barred. By using this site, you irrevocably submit to the jurisdiction of the United Kingdom. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.
INTERNATIONAL TRADE COMPLIANCE. The goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United Kingdom (“UK”) and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under UK law, the goods shipped under this Agreement may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that it is your responsibility to comply with and abide by those laws and regulations, and that any customer or vendor that you request SUPPLIER engages directly has also been made aware of the associated export controls.
DELIVERY OF MATERIALS POLICY. Training materials relevant to the purchased course are made available to the registrant as soon as cleared funds are received by SUPPLIER through one of the available payment methods: noting expressly that:
- Cheque purchases must clear before materials are activated. A member will be informed by email when their materials have been activated.
- Purchases made via credit card are activated immediately following successful completion of the payment transaction.
- In all cases users can contact COMPANY or SUPPLIER to clarify purchase and activation status.
The registrant understands that “Delivery” of materials means “Access” to web-based electronic materials via a suitably configured web browser and internet connection. “Delivery” does not imply the ability to download and print materials although in some cases this facility is provided.
Access to materials is available for the duration of a user’s active (paid) subscription.
SUPPLIER cannot be held responsible for loss of access to materials caused by 3rd party internet disruption; inadequate internet bandwidth caused by the registrant’s own Internet solution, or failure of software or hardware on the registrant’s own computer.
CANCELLATION, REFUNDS & RETURN POLICY. All courses provided by Service are “Active” when published and are not subject to “Cancellation”.
SUPPLIER will refund in whole or in part, a registrant’s enrollment fee under the following circumstances:
– Enrollment was made in error and course materials were never looked-at: Refund in whole.
– Enrollment was made in error but course materials were looked-at in part: Refund in proportion to amount of course material browsed (as defined in “Course completion status” on the Portal).
Refunds will be made neither in whole nor in part for dissatisfaction with course materials that have nevertheless been fully completed (according to course completion status in the Portal).
Refunds will be made neither in whole nor in part for loss of access caused by technical issues outside the control of SUPPLIER.
In the event of a significant informational error being detected in course materials, all active course enrolees will be notified and a timescale estimate to correct published. Refunds will be made neither in whole nor in part if correction is made within the stated timescales.
The concept of “Return” does not apply to materials in Service, as the registrant or SUPPLIER would simply revoke / alter / extend a registrant’s enrolment to the related course.
SUBMISSION OF INFORMATION OR MATERIALS. Except for the details of your product orders, and confidential or proprietary information or materials covered by an existing non-disclosure agreement – you agree that any information or materials that you submit to SUPPLIER via this Site or any email links provided on this site will not be considered confidential or proprietary. By submitting information or materials to SUPPLIER via this Site or email links provided in such information or materials, you represent that you have the authority to grant and in fact do grant to SUPPLIER an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials world-wide, in whole or in part, and you further agree that SUPPLIER is free to use any ideas, concepts or know-how that you submit for any purpose.
TERMS FOR USE OF TRAINING materials
These Terms and Conditions (“Terms”) govern your access to and use of the Training materials.
Some Training accessible through this site is subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions will prevail.
You are accessing training materials created by or agreed as suitable with COMPANY and in all cases original authorship and ownership of intellectual property is as indicated by the branding of the course.
GENERAL. COMPANY & SUPPLIER do not warrant that the contents of the Training are error-free. Information on this Site may contain technical inaccuracies or typographical or other types of errors and may be changed or updated at any time without notice. COMPANY & SUPPLIER may also make improvements or changes in the products or programs provided by this Service at any time without notice. COMPANY & SUPPLIER will use reasonable efforts to place accurate and up-to-date information on this Service but make no warranty of its accuracy, completeness or timeliness. You acknowledge that your use of any information available through this Service is at your own risk.
WARRANTY DISCLAIMER. THE MATERIALS PROVIDED ON THIS SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY & SUPPLIER DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. COMPANY DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
ACCREDITATION DISCLAIMER. Enrolment in and completion of the training modules and self-assessment tests in this site does not imply or confer any form of professional accreditation or on-going continuous professional development programme, unless explicitly stated in the description of the specific course. Where “accreditation” is officially recognised by an external officiating body, this is stated but it should not otherwise be assumed. Where “accreditation” or “proficiency” refers to a product manufacturer or other company’s requirements that (e.g.) “all installers become accredited in a particular technology” this is also explicitly stated and should not otherwise be assumed. At no point does an individual company’s “proficiency” training imply an “official” accreditation or vice-versa. The course description in each case is accurate and binding. “Proficiency” and “accreditation” in no way imply a contract of insurance, duty of care or supervisory relationship between SUPPLIER and / or COMPANY and the registrant.
DEALER & SUPPLIER ENDORSEMENT DISCLAIMER – On occasion in the training, the author (as indicated by brand) may indicate Dealers and Suppliers of certain energy saving products. It is not an endorsement or recommendation – implied or otherwise – of any of the cited companies. Any company cited is independent from COMPANY & SUPPLIER and is not under COMPANY & SUPPLIER control; therefore, COMPANY & SUPPLIER accept no responsibility for and disclaims any liability from the actions of the listed companies or the functioning of their products. You should make your own independent evaluation before conducting business with any company. 3rd party information on this site was believed accurate when posted; however it may change without our knowledge.
COPYRIGHT AND TRADEMARK. The copyright in all material provided on this Service is held either by SUPPLIER or by the original creator of the material as indicated by their branding. Except as stated in this paragraph, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the company whose brand is indicated as the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without COMPANY & SUPPLIER’s permission, “mirror” any material contained on this Service on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
CONFIDENTIAL INFORMATION. You may be given access to COMPANY & SUPPLIER confidential information through this site or links from this site. You may not disclose COMPANY & SUPPLIER confidential information to any third party without the written consent of COMPANY through whose brand you are accessing this service. You must protect COMPANY & SUPPLIER confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. COMPANY & SUPPLIER confidential information includes, but is not limited to – all non-public information regarding COMPANY, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to COMPANY & SUPPLIER. You may enter into separate non-disclosure agreements with governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.
INTELLECTUAL PROPERTY. The information provided in this site is unique, accurate information copyright of the original creator of the material as indicated by their branding. The information in this training portal, except where specifically accredited, remains the intellectual property of original creator of the material as indicated by their branding throughout a user’s subscription to the course. Subscription to a course in no way implies “Purchase” or “Ownership” of any ideas, digital or physical media related with the course. Unless otherwise stated or by explicit agreement with the Service owner, subscription to a course lasts for a period of 1 months, whereupon the subscription will auto-renew. An account left logged-in for more than 60 minutes without activity will be logged-off automatically and the user will need to log in again. A user will receive 5 days advance warning if they have not started training materials before a subscription terminates via the email address on record. By default, if SUPPLIER receives no advice to the contrary, it will renew the user’s subscription using the last-used purchase method.
EMAIL FROM COMPANY. COMPANY may from time to time send you email. You acknowledge that such emails are sent with your consent and permission.
ENTIRE AGREEMENT. These Terms represent the entire agreement relating to the use of the Site. SUPPLIER and / or COMPANY’s failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.