We are delighted that you have chosen AspirED to help with your on-line educational or training needs. The following pages create the terms and conditions of a contract between you and us which covers (a) your use of our learning platform and (b) how we make our learning program available to you.
Whilst the full terms and conditions of this contract are set out further below, we have summarised the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.
(a) Learning Platform use
We own all the content on our learning platform. Please respect the content and the access in the same way you would expect your friends and visitors to respect items of property at your home.
You are not allowed to commercialise our learning platform or the content on it (ie you are not allowed to make money or attract advertising to another business by using our learning platform).
You can share our Homepage URL with others but if you only link to part of our learning platform or copy and paste parts of it you have to acknowledge where the content comes from.
(b) Registering on our Courses
You may only use the content on our platform for your own personal or business / school learning and you are not allowed to adapt it or distribute any of it to anybody else.
You may be able to post your own content on our site. We don’t make any claim to ownership of that content but you do give us a licence to use, exploit and sublicense it for any purposes associated with the provision of the learning platform or the course. You are responsible for making sure the content of what you post does not infringe the copyright or other rights of third parties and you may be liable to them and to us for any loss or damage that they or we suffer for content you publish which infringes the rights of others.
The content we provide on our platform is owned by us or by our Partner Institutions. You have no rights over that content except as provided in the contract.
The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the AspirED learning platform (the “learning platform”) including you visiting and browsing the learning platform (being a “Visitor”) and registering with AspirED as a Learner (a “Learner”).
Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the learning platform and the Online Content and Courses immediately.
1. About Us
1.1 In these Terms, references to “we” or “us” are to Aspire and Learn Limited, a company incorporated in England and Wales (registered number – 8784755 ) whose registered address is at Unit 6, J Shed, Kings Rd, Swansea, SA1 8PL.
1.2 In these Terms, references to “you” or “your” are references to you whether as a Learner or Visitor.
1.3 If you have any questions about these Terms or wish to contact us for any reason please click on “support” and select “contact support”, which can be found on the learning platform or email firstname.lastname@example.org .
2. Using the learning platform (Learner conduct)
2.1 By using this learning platform and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the learning platform and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
2.2 Your use of and access to this learning platform and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
You agree to use the learning platform and access the Online Content and Courses only for lawful purposes and your use of the learning platform and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Institutional Partners either reputation ally or financially;
You agree not to use or access the learning platform or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
You agree not to distribute all or any part of the learning platform or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the learning platform and permitted by these Terms including, without limitation, under section 6.11;
You agree not to alter or modify any part of the learning platform or the Online Content and Courses;
You agree not to access the learning platform or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the learning platform or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the learning platform or access to the Online Content and Courses;
You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
You agree not to use or access the learning platform or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
the sale of access to the Online Content and Courses or any associated content;
the solicitation of business in the course of trade or in connection with a commercial enterprise; and
the solicitation of any Visitors or Learners of the learning platform with respect to their content for commercial purposes;
You agree to use the learning platform and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the learning platform, Online Content and Courses;
You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the learning platform or Online Content and Courses;
You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the learning platform (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
You agree not to use the learning platform or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any AspirED server or the network(s) connected to any AspirED server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the learning platform;
You agree not to use any high volume, automated, or electronic means to access the learning platform or the Online Content and Courses (including without limitation robots, spiders or scripts);
You agree not to frame the learning platform or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the learning platform; and
You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies).
2.3 You agree to comply with these Terms in relation to any Learner Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5 You acknowledge and agree that the form and nature of the learning platform and Online Content and Courses which we provide may change from time to time without prior notice to you.
2.6 Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the learning platform and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.7 You acknowledge and agree that we may stop (permanently or temporarily) providing the learning platform, Online Content and Courses (or any part of the Online Content and Courses) to you or to Learners generally for whatever reason, at our sole discretion, without prior notice to you.
2.8 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
3. Registration and Accounts
3.1 Any Visitor can view the learning platform, but in order to participate fully in all activities on the learning platform and take part in the Online Content and Courses, you must register for a personal account on the learning platform (a “Learner Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
3.2 In setting up your Learner Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Learners get to know you and help us to tailor the services to suit you.
3.3 You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
3.4 By registering with AspirED for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:
(a) are, and will continue to be, registered for the learning platform only once and will not set up multiple Learner Accounts, unless you are the admin responsible for a local authority or school / institution subscription.
(b) will not let anyone else use your Learner Account;
(c) will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to assignments or exams; and
(d) will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other Learner cheating or breaching these Terms.
3.5 If you are disqualified for any reason under paragraph 3.4(a), (b) or (c), we may prohibit your access or participation in the Online Content and Courses.
4. Course Providers
4.1 We may make certain Online Content and Courses available to Learners who are registered students and/or employees of our Partners, Partner Institutions and other educational institutions, corporates, sponsors, non-profit organisations and individuals (together “CourseProviders”).
4.2 Your access to such Online Content and Courses may be provided to you through your Learner Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise participating in, a Partner Institution and are taking Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that Partner Institution, you acknowledge and agree that:
(a) the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving Accreditation for the Online Content and Courses, and your educational or student records as they may relate to your participation and performance in the Online Content and Courses; and
(b) your educational or student records are maintained by the Partner Institution (and not by us), including for purposes of completing the courses you are registered for at such Partner Institutions, assigning Accreditation.
4.3 We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.
4.4 For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the Course Administrator and/or the Partner Institution, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgment or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any university or other certifying institution, and will not stand in the place of a course taken at a Partner Institution or convey academic credit or certification for any Partner Institution and you acknowledge that the Course Administrator will not be obligated to make any attempts to get the course recognised by any Partner Institution or other educational establishment.
4.5 If you are a Learner taking any Online Content and Courses for Accreditation at a Partner Institution, any Accreditation may only be awarded directly by that Partner Institution based on its own policies and procedures, and you may be required by that Partner Institution to be registered or enrolled with that Partner Institution in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Online Content and Courses.
4.6 An organisation (which may be a Partner Institution, your employer, or a third party otherwise working together with AspirED) may invite you to (i) participate in a specific course, or (ii) join their organisation on AspirED. By accepting the organisation’s invitation you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you prior to your acceptance of the invitation sent to you by the inviting organisation; and
5. Licence to use
5.1 Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
to access, internally use and display the learning platform and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
5.2 You must abide by all copyright notices or restrictions contained on the learning platform or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the learning platform or the Online Content and Courses.
5.3 Certain Partner Institutions may, at their own discretion, make available certain Online Content and Courses under a Creative Commons licence (non-commercial). Should Partner Institutions choose to do this, it will be clearly identified on the appropriate Online Content and Courses page of the learning platform and we acknowledge that the Creative Commons licence will override certain of these Terms as appropriate. A full copy of the relevant Creative Commons licence will be available from a link at that point.
6. Your Content
6.1 Throughout your use of the learning platform and the Online Content and Courses, you may be able to provide content to the learning platform by uploading notes and replies, Learner discussions, profile pages, other content and media for social interaction, and written assignments, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).
6.2 We do not claim ownership of any Learner Content you may submit or make available for inclusion on the learning platform or Online Content and Courses. Accordingly, subject to the licence granted to us and any applicable Partner Institution, the Learner will be the sole and exclusive owner of any and all rights, title and interest in and to the Learner Content.
6.3 With respect to any Learner Content you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such Learner Content on the learning platform and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of the learning platform and the Online Content and Courses. We reserve the right to remove any Learner Content without notice at any time and for any reason.
6.4 To the extent that you provide any Learner Content, you represent and warrant that:
you have all necessary rights, licences and/or clearances to provide such Learner Content and permit us to use and publish such Learner Content as provided in paragraph 6.1 to 6.3 above;
such Learner Content is accurate and complete to the best of your knowledge and belief;
as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Learner Content; and
such use and/or publication of your Learner Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
6.5 With respect to any submissions of Learner Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.6 The learning platform and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications to third party service providers, other Learners and/or us.
6.7 You agree to use communication methods available on the learning platform and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms, the Policies and our Code of Conduct.
6.8 By using any of the communications methods available on the learning platform and/or the Online Content and Courses, you agree that:
all communications methods constitute public, and not private, means of communication between you and any other parties;
communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
most content will be reactively moderated if flagged by Learners or Visitors, but we reserve the right to pre-review or post-review Learner Content to ensure that it complies with generally acceptable standards of communication.
6.9 Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you, such as chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions.
6.10 You acknowledge and agree that the services set out in paragraphs 6.6 to 6.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
6.11 Any Learner Content that is published on the public discussion areas of the learning platform (for example, the forums or areas where posts are made) will be subject to a Creative Commons Licence (Attribution-Non Commercial-NoDerivs; BY-NC-ND). We will not make available any Learner Content related to your assignments or assessments.
7. Copyright Policy
7.1 It is our policy that any content included on the learning platform or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the learning platform as soon as possible after we are made aware of such infringement or potential infringement.
7.2 If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the learning platform by emailing a Copyright Infringement Notice to INFO@ASPIRE2B.EU, containing at a minimum the details outlined in section 7.4 below.
7.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
7.4 When you notify us in accordance with paragraph 7.2, your written Copyright Infringement Notice must contain the following:
statement telling us you believe that you have found content on the learning platform which you believe infringes your intellectual property rights;
which country your intellectual property rights apply to;
the title of the content concerned and the full URL for access to that content;
statement explaining how the content infringes your intellectual property rights;
your mailing address, telephone number and email address so that we can contact you;
a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
your signature (an electronic signature is sufficient).
7.5 We will, acting in our sole discretion, terminate Learner Accounts and access to the learning platform and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct.
8. Privacy and Security
9. Linking to Other Sites
9.1 The learning platform may contain links to pages on other learning platforms (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
9.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
9.3 We may remove any links to Linked Sites from the learning platform at any time for any reason.
9.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
9.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
10. AspirED’s Intellectual Property Rights
10.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the learning platform and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Partner Institution providing the Online Content and Courses.
10.2 Other than any content submitted to the learning platform by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the learning platform (“AspirED IPR”).
10.3 If any Online Content and Courses IPR or AspirED IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or AspirED IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or AspirED IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the learning platform.
10.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or AspirED IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
11. Your Liability to Us
11.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
you submitting Learner Content to the learning platform or participating in the Online Content and Courses;
your access to or use of the learning platform or Online Content and Courses;
your breach of any of these Terms; and
any negligent act or omission, deliberate default or breach of statutory duty on your part.
11.2 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
11.3 This paragraph 11 survives the expiry of these Terms.
12. Our Liability to you
12.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
12.2 The learning platform and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
12.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
any loss of profit (directly or indirectly);
any loss of goodwill; and
any loss of opportunity.
12.4 We provide the Online Content and Courses on the learning platform in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the learning platform does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the learning platform and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the learning platform, we accept no liability for them.
12.5 Information transmitted via this learning platform will pass over public telecommunications networks. We make no representation or warranty that the operation of this learning platform will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
12.6 We accept no responsibility for any loss or damage incurred by you as a result of:
any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the learning platform or in relation to the Online Content and Courses;
any changes which we may make to the learning platform or Online Content and Courses, or for any temporary interruptions in the provision of the learning platform or Online Content and Courses;
the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the learning platform;
your failure to provide us with accurate account information; or
your failure to keep your account details secure and confidential.
12.7 We reserve the right to suspend your use of the learning platform and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
12.8 We may terminate your Learner Account or access/use of the learning platform with immediate effect:
if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
in order to prevent any fraudulent, unlawful or abusive activity; or
if it is necessary to prevent or stop any harm or damage to us, other Learners of the learning platform or the general public
13. Governing Law
13.1 These Terms, your use and access to the learning platform, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of England and Wales.
13.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the learning platform, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of England and Wales. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of England and Wales to resolve any such dispute.
13.3 Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
14. Changes to the learning platform and these Terms
14.1 We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the learning platform.
14.2 For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the learning platform, you agree to be bound by the terms of these updates and amendments.
15. Other Important Terms
15.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
15.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 (which is expressly excluded) or otherwise.
15.3 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any part of your rights or delegate your obligations under these Terms without our prior written consent.
15.4 These Terms, the Policies and the Code of Conduct set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
1. IMPORTANT INFORMATION AND WHO WE ARE
This website is not intended for children and we do not knowingly collect data relating to children.
Full name of legal entity: Aspire and Learn Ltd. T/A Aspire 2Be
Postal address: Aspire 2Be, Unit 6 J-Shed, Kings Road, Swansea, SA1 8PL
Telephone number: 01792 689115
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, maiden name and last name. .
Contact Data includes billing address, delivery address, email address and telephone numbers.
Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
Profile Data includes purchases or orders made by you, your interests, preferences and feedback and survey responses.
Usage Data includes information about how you use our website, products and services.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Employment data includes your job title, the company you work for and any information you provide to us in your personal statement.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our products or services;
registering for one of our courses or events;
request marketing to be sent to you;
enter a competition; or
give us feedback or contact us.
Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Technical Data from parties such as analytics providers (such as Google) based outside the UK;
Contact, Financial and Transaction Data from providers of technical, payment and delivery services based inside the UK.
Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Where we need to comply with a legal obligation.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications
(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in acourse, competition or complete a survey
(a) Performance of a contract with you (b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Identity (b) Contact (c) Technical
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content to you and measure or understand the effectiveness of the advertising we serve to you
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
(a) Technical (b) Usage
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about products or services that may be of interest to you
Necessary for our legitimate interests (to develop our products/services and grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
Customer Relationship Management System
Any email marketing messages we send are done so through our Customer Relationship Management (CRM) system, operated by Zoho Corporation Pvt. Ltd.
A CRM is a third party service provider of software / applications that allows marketers to send out email marketing campaigns to a list of users.
Email marketing messages that we send may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages.
Where used, such marketing messages may record a range of data such as; times, dates, IP addresses, opens, clicks, forwards, geographic and demographic data.
Such data, within its limitations will show the activity each subscriber made for that email campaign.
Any email marketing messages we send are in accordance with the GDPR and the PECR.
We provide you with an easy method to withdraw your consent (unsubscribe) or manage your preferences about you at any time – simply click on this link.
We hold the following information about individuals within our CRM system; 6
Establishment/Company name & address;
Email address; and
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you, or by clicking here.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table Purposes for which we will use your personal data above.
External Third Parties such as:
Service providers acting as processors based in the United Kingdom unless otherwise specified who provide IT and system administration services and event registration services.
Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. INTERNATIONAL TRANSFERS
Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.
Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data.
Where we use certain service providers, we may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.
Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see your legal rights below for further information.
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.