Learning Solutions Partnership: Terms & Conditions

Please read these Terms and Conditions of Use ('Terms') carefully before using www.learningsolutions partnership.co.uk. These Terms apply to all users of this Website including casual browsers.

Part A applies to all users of the Learning Solutions Partnership Website.
Part B applies if you join Learning Solutions Partnership as a member.

Part A

A1. Terms applying to all users of the Learning Solutions Partnership website.

Please read these Terms and Conditions of Use ('Terms') carefully before using www.learningsolutionspartnership.co.uk ('the Website'). Additional terms and conditions apply if you register as a member of Learning Solutions Partnership on this Website (Part B). These will be drawn to your attention on registration.

In these Terms, 'we', 'us' and 'Learning Solutions Partnership ' means:

Learning Solutions Partnership Limited. 19 Boyes Crescent, St Albans, Herts AL2 1UB

which is the owner of this Website and the Learning Solutions Partnership trademark and brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website at any time

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement.

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse.

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website.

We cannot promise that access to the Website will be uninterrupted or error free. There may be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of Learning Solutions Partnership.

You accept that you will not have a claim for breach of contract against us in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses.

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website:

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue;
any loss or corruption of data; or
any indirect or consequential loss.

The exclusions and limitations of liability contained in this section do not apply to :

loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

The receipt of the services is personal to you and you may not transfer your rights to access or to receive the services to another person unless we have consented in writing to you doing so.

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future.

These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts.

A2. Purpose of the Website

The purpose of the Website is to provide Education establishments with the ability to map education activities to Key Skills, Work Related Learning, Enterprise and Every Child Matters standards.

A3. Copyright

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Learning Solutions Partnership copyright statement.

A4. Third Party Links

Learning Solutions Partnership may provide links to third-party websites from time to time. These third-party links are provided for your convenience only and are accessed at your own risk. Learning Solutions Partnership is not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites.

A5. Amendments to the Terms

Part B

B1. Terms Applying if you join Learning Solutions Partnership Ltd as a Member

Please read Part B carefully before registering as a member of Learning Solutions Partnership Ltd via the Website. These Terms govern the process of registering as a member of Learning Solutions Partnership Ltd website and the use of the facilities provided to Learning Solutions Partnership's members.

B2. Registration

To register as a member of Learning Solutions Partnership Ltd website you agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete and you agree that you will ensure it is kept accurate and up to date at all times.

We may refuse to accept your application to register as a member of Learning Solutions Partnership Ltd for any reason in its absolute discretion.

Your registration allows use of the website for one year. You will be reminded when your subscription is up for renewal and further payment will be necessary to continue your membership.

B3. Password

When you register as a member of Learning Solutions Partnership's website you will be asked to select a user name and password for your Education Establishment and we will allocate passwords for individual users. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to alter your username and password if it is believed that they are no longer secure.

The information that you provide to us upon registration and at any other time is subject to the Learning Solutions Partnership Ltd Privacy Statement.

B4. Availability of the Website

We use reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of Learning Solutions Partnership Ltd.

B5. Technical Support

We provide support to Members. We use reasonable skill and care in providing support and will use reasonable endeavours to ensure that this service is available but cannot guarantee uninterrupted availability.

You accept that you will not have a claim for breach of contract (either against us or your Learning Solutions Partnership Ltd provider) or otherwise in respect of such period of unavailability.

B6. Liability

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the website or other services provided via the website:

any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue; any loss or corruption of data; or
any indirect or consequential loss;

B7. General

Subject to the terms of any agreement we conclude with you if you become a member, we reserve the right to withdraw all or part of the Website at any time.

These Terms are governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you revisit this page from time to time to ensure that you are aware of any changes that we have made to these Terms. If you continue to use the Website or other services provided to members of Learning Solutions Partnership Ltd, you will be deemed to have accepted those changes.

B8. Payment by you for your membership

You agree to pay us the membership fee (including VAT where applicable) to Learning Solutions Partnership Limited.

We reserve the right from time to time to change the amount of the Membership Fee. The current Membership Fee will be displayed on the Website or notified to you by Learning Solutions Partnership Limited. In the unlikely event that due to a technical error, the amount of the Membership Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled as a member) or pay the balance of the Membership Fee to us.

B9. Our Rights to Stop Providing the Services to You

If you are an on-line member, we will make the website available to you from Enrolment until the earlier of:

your notifying us in writing, by email or by telephone that you no longer require access to the Services; or
your failing to renew your membership

On the occurrence of the earlier of the events above, we will suspend your access to the Interactive Section of the website. If you wish to subscribe for the Services after your membership has expired, or has been terminated, you will need to enrol again.

We reserve the right to stop providing the Services to you immediately in the event that:

you fail to comply with Section 21 of these terms which deals with the manner in which you are permitted to use the Website; or
you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us at Learning Solutions Partnership. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff, or that your conduct is violent or threatens the physical safety of our staff at Learning Solutions Partnership

If we exercise this right we will notify you via email or your chosen route. We will then immediately suspend your membership.

B10. Complaints

In the event that you are not satisfied with any aspect of the services, please contact us via the details provided on the website.

B11. Our Liability to You

The exclusions and limitations of liability contained in these Terms do not apply to:

any loss or damage resulting from death or personal injury caused by our negligence;
loss or damages arising from our fraudulent misrepresentation; or
any other losses which may not be excluded or limited by law.

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.

We are not responsible to you for any data that you lose either (a) as a result of accessing our website; or (b) during completion of mapping any courses via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are using, and (ii) all data that you are inputting.

Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by Learning Solutions Partnership) shall be limited to the amount of the membership fee which has been paid by you or on your behalf.

Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.

B12. Your Right to Use the Website and your Related Obligations

In consideration of receipt by us of the membership fee, we grant to you a non-exclusive, non-transferable license for you to use the interactive mapping for the sole purpose of non-commercial work or use in connection with the receipt of the Services. As such, you may make copies of the mapped course as it appears on the Website.

Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of our existing material on the interactive site, including samples. Any use of the Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights.

B13. General

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms. Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

The continued use of the Website following any changes to the Terms will mean that you accept such changes.

B14. Contacting Learning Solutions Partnership

You can contact us:

by email at info@learningsolutionspartnership.co.uk; or
by post at:

Learning Solutions Partnership Limited 19 Boyes Crescent, St Albans, Herts AL2 1UB

Last Updated : 5th July 2007

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