Seccom Group E-Learning Portal Terms and Conditions

These terms and conditions together with our Privacy Notice and our Acceptable Use Policy (together, the ‘Terms’) provide you with information about us and apply to any contract between you and us. Please read these Terms carefully and make sure you understand them before ordering anything from our website. We will also notify you, at the point of purchase, if there are any additional terms and conditions that may apply to any specific contract made between us.

These terms and conditions govern the way in which we supply products to you, including any eLearning courses.

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. All rights not expressly granted in these terms are hereby reserved.

You agree to review this agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.

About us & Contacting us

We are GDPR Auditing Limited, trading as Seccom Group, a company registered in England and Wales with company number 5435232 and registered office at Grove House, 47 The Lanes, Over, Cambridge CB24 5NQ.

You can contact us on +44 (0) 203 488 3050 or by writing to us at our registered office above or email us at info@seccomgroup.com.

These terms and conditions apply to all transactions made on any website owned and/or operated by a Seccom Group company (henceforth to mean inclusive of GDPR Auditing Limited). These terms and conditions also apply to all transactions completed offline that involve products or services described online on any Seccom Group company website.

The separate Privacy Notice and Cookie Policy on our websites set out how we deal with these matters.

Key definitions:

‘You’: the individual or entity visiting this website and/or purchasing products or services from us, whether on this website or offline.

‘Us’: the Seccom Group company that operates this website, any Seccom Group company whose products or services you purchase, as well as GDPR Auditing Limited.

‘Contract’: a formal contractual relationship in respect of any transaction only exists between you and us from the point at which we accept your order. This acceptance may be automated, where fulfilment is automated, or it may be manual and occur only when manual fulfilment is initiated.

Our Terms and Conditions

These terms and conditions together with our Privacy Notice and our Acceptable Use Policy (together, the ‘Terms’) provide you with information about us and apply to any contract between you and us. Please read these Terms carefully and make sure you understand them before ordering anything from our website or via any other means. We will also notify you, at the point of purchase, if there are any additional terms and conditions that may apply to any specific contract made between us.

In consideration of your payment, we hereby grant you licence to use the purchased eLearning courses, policies, templates, guides and or documentation (“the Products”). This licence is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.

This licence is personal to you (also by inference your organisation) and cannot be shared or transferred.

General

We develop, distribute and maintain the Products and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary.

You shall not copy, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials.

We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.

Access to Materials

The starting date of your access to the Product(s) is deemed to be the date of purchase. We will attempt to contact you 1 month prior to the expiry date to inform you of this. It is the responsibility of the student to ensure that all course content has been completed within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.

We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.

Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate. We will not make any changes to content created by You which is exclusively for your students. We will ask permission to change shared content created by You and or Us, you have the right to reject changes to such material in which case we reserve the right to copy the content and make a version available with the changes to students outside of your organisation the fees and or profit from same will be exclusively Ours.

Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.

Pricing & Payment

We use third party payment providers, depending on the way in which you make payments – Stripe, PayPal, BACS and FasterPay. Payment for the Products must be completed before access is granted.

You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.

Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.

We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

Prices for individual courses are as advertised on our website and are exclusive of VAT or other regional taxes. Where required, VAT and or other regional taxes will be added to the advertised price to arrive at the final total cost.

Recurring Payments

Products may be sold on subscription, and those deliverables are provided on a recurring or cyclical basis.

Subscription periods (monthly or annual) are set out on individual product pages on our websites.

Where your initial purchase for a subscription product is made online by means of a payment card, you enter into a Recurring Payment Authority (‘RPA’) that authorises us to collect recurring payments from you until you formally cancel the RPA.

The RPA can be cancelled in your My Account area of our website at any time; cancelling the RPA will cancel all access to the relevant service at the end of the billing period for which we have received payment.

Unless and until you cancel your contract for a recurring or cyclical deliverable, we will automatically invoice and/or collect payment in line with the subscription period you selected when entering the contract.

You agree to keep your payment card details current and valid throughout the subscription period and agree to meet any and all additional costs we may incur as a result of your failure to keep these details current.

Where your initial subscription is made by means of a purchase order, you agree that subsequent invoices for the recurring deliverables will be paid on your standard agreed credit terms until you formally cancel the contract. You will be invoiced in advance of your payment being due so that your payment to Us arrives before your subscription lapses providing you with continuous uninterrupted access to the services.

If your payment does not arrive before your subscription lapses, we reserve the right to start a new contract agreement.

We will notify you at least 28 days in advance of any changes in price or of deliverables so that you can decide whether or not you wish to cancel the RPA at its next renewal date.

On cancellation of an RPA, we will cancel access to digital products and remove any related certifications with effect from the end of the subscription period for which you have paid.

Cancellation Policy

Where Products are delivered to you immediately, you will not have the right to change your mind. In other cases, you may change your mind within fourteen (14) days of purchase, so long as materials have not been provided to you, downloaded, streamed or otherwise accessed. If you do wish to cancel, please contact us via email.

Under this right to cancel, and where the first day for delivery of any service, whether training or consultancy, falls within a period of 14 days from the day on which the contract was established, you must make the cancellation at least one clear day prior to the planned first day of delivery; in other words, your right of cancellation does not apply on or after the last business day preceding the first day for delivery of that service.

If We have provided administration and or supported you in making the eLearning portal available to your student(s) we will charge 10% of the entire fee to cover our costs in respect of the work undertaken.

System Requirements

It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.

Breach of Terms

We may restrict your access to the Products if you breach these terms, including without limitation:

a) A failure to make any payment due to us; or

b) Failure to provide accurate information that is necessary for us to provide the Products to you

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the Products will be restricted.

Your Rights

This is a summary of your key legal rights. For more detailed information, you can visit www.adviceguide.org.uk or call 03454 04 05 06, or if based outside the United Kingdom, we recommend you review your local statutory rights.

Under the laws of the United Kingdom, the Products must be as described, fit for purpose and of a satisfactory quality. If the Products are faulty, then you are entitled to ask for a repair or a replacement and if the fault cannot be fixed, or it has not been fixed within a reasonable time and without significant inconvenience, then you can get some or all of your money refunded.

If you can show that the fault has damaged your device and that we have not used reasonable care and skill, then you may be entitled to compensation.

Intellectual Property

All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Seccom Group. While you may utilise the intellectual property, you understand that there shall be no transfer of ownership of the same. Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.

All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.

Where you have created and uploaded your own content a separate agreement will apply to that content governing content ownership, resale hosting costs and other variations as required.

Online e-learning portal

  • We license you and, as set out in your sales receipt, the maximum number of your users to access on our e-learning portal, the specific e-learning course(s) you have selected for the length of time you have purchased.
  • If we have agreed to it, we will provide a single session of training for one or more administrators nominated by you to enable you to administer the e-learning portal for your users.
  • Where you have purchased a corporate e-learning licence, your identified administrator may personalise your e-learning portal with your corporate branding (including colours and logos) as well as relevant corporate content such as procedure and contact information.

You agree to:

    ensure that each of your users accesses the e-learning portal using one of the following:
    • Microsoft Internet Explorer versions 11 or later
    • Apple Safari v9 or later Mozilla Firefox v68 or later
    • Google Chrome v60 or later
    • Note: courses are accessible via mobile devices but due to the number and variation of such devices, compatibility cannot be guaranteed
  • permit us to place cookies on your users’ devices to facilitate provision of our e-learning training courses;
  • establish connectivity to the e-learning portal; and
  • ensure that your users are instructed in the proper use our e-learning portal and any e-learning courses.
  • In relation to the e-learning portal, we agree that:
    • with the exception of Internet outages and scheduled downtime, the e-learning portal will be available for 99.5% of each calendar month;
    • we will provide you with at least 72 hours’ email notification of scheduled downtime (that is, any planned or scheduled interruption of services from the e-learning portal, for the purposes of e-learning portal or infrastructure upgrades, software patching, software improvement, or for the replacement of any hardware or software); and
    • we will make regular backups of all data on the e-learning portal and will retain them for 60 days.
  • We reserve the right to deny access to the e-learning portal by any of your users who are, or we reasonably suspect may be, engaged in any illegal activity or which may in any way affect the performance of the e-learning portal or its continued use by any of our other clients.
  • You also agree that we own the copyright in all the content material (whether text, graphics, designs, guidance notes, or information of any kind) (‘Courseware’), as well as in any upgrades or updates of any sort that may, from time to time, be made available to you on our e-learning portal.
  • Where you have created and uploaded your own content a separate agreement will apply to that content governing copyright.

Loss or Damages

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will happen or if we are both aware it might happen, such as where you have discussed the possibility with us during the sales process.

We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.

We do not exclude or limit our liability to you in any case where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (summarised above at Your Rights).

If the Products damage your device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice, following installation/download instructions, or having in place the minimum system requirements as advised by us.

Our liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.

Other Terms

You need our consent to transfer your rights under these terms to someone else or another organisation. We may not agree to this as these terms grant a licence for your or your organisations benefit only.

Nobody else has any rights under these terms – they are between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of these terms illegal, then rest will continue in force.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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.

Data protection

Processing as a Data Controller:

We process personal data in line with the requirements of the EU General Data Protection Regulation (‘GDPR’) and the UK Data Protection Act (‘DPA’) 2018. Our Privacy Notice (https://www.seccomgroup.com/privacy-policy) sets out the specific bases on which, as a Data Controller, we process personal data.

Processing as a Data Processor:

In respect of personal data that you upload to our e-learning portal, or to any other facility that we offer as part of our services to you, we act as a Data Processor and process that data securely, in line with our obligations under the EU GDPR and the UK DPA 2018 and to your order.

In the event of a data breach (as defined by law) we will notify you within the time frame required by law. It will be your obligation to determine whether or not the incident has to be reported to the relevant supervisory authority.

Where we act as a Data Processor, we will not sub-contract any processing to any sub-processor without first notifying you.

We will not hold any personal data beyond the completion of a service agreement other than at your instruction.

Taking account of the nature of the processing, and the risks to the rights and freedoms of natural persons, we apply appropriate measures of security to protect the confidentiality, integrity and availability of all personal data that we process.

International Transfers

Our training platform is developed and hosted on Digital Ocean. Our hosting agreement is based on standard contractual clauses with supplementary measures which ensure that within reason US Government and Security Services are unable to access our data even if requested from Digital ocean.

For more information contact info@seccomgroup.com.

Governing law

These terms are governed by and construed in accordance with the laws of England and Wales and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or 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.

This was last updated in November 2020.