Terms of Service

Background

These Terms of Service, together with any other documents referred to in them, set out the terms under which You may use this website, bdtrainingandconsultancy.com (“Our Site”). Please read these Terms of Service carefully and make sure that You understand them. You are deemed to agree to comply with and be bound by these Terms of Service when You first use Our Site. If You do not agree to comply with and be bound by these Terms of Service, You must stop using Our Site immediately.

1. Definitions and interpretation

In these Terms of Service, unless the context otherwise requires, the following expressions have the following meanings:

“Account”

means an account required for You to access E-learning Courses on the Platform, as set out in Clause 7;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Data Protection Legislation”

means the UK General Data Protection Regulation (“UK GDPR”), the Data Protection Act 2018 and any other applicable data protection laws in the United Kingdom, as amended or replaced from time to time;

“E-learning Courses”

means any online or digital training content We make available for purchase, including Our Lean Six Sigma White Belt e-learning;

“Platform”

means the online learning platform through which We make E-learning Courses available to You, or such other online platform as We may use from time to time;

“Services”

means the process improvement and operational transformation consultancy services and the Lean Six Sigma training (including White Belt, Yellow Belt, Green Belt and Lean for Managers) that We provide to clients under a separate written proposal or agreement;

“We / Us / Our”

means BD Training and Consultancy Ltd, a company registered in England and Wales under number 14621084, whose registered office address is at 50 Dale Acre Way, Breadsall, Derby, United Kingdom; and

“You / Your”

means you, as a user of Our Site.

2. Information about us

Our Site, bdtrainingandconsultancy.com, is owned and operated by BD Training and Consultancy Ltd, a company registered in England and Wales under number 14621084, whose registered office address is at 50 Dale Acre Way, Breadsall, Derby, United Kingdom.

3. Access to our site

3.1Access to Our Site is free of charge. Some areas of Our Site and the Platform, including E-learning Courses, are available only to paying customers with an Account.

3.2It is Your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Our services

4.1Our Site describes Our Services in general terms for information only. Nothing on Our Site is an offer to provide Services on particular terms.

4.2Every consultancy engagement and training programme is agreed separately in writing. The scope, timings, fees and terms of each engagement are set out in the written proposal or agreement for that engagement. If anything in that proposal or agreement conflicts with these Terms of Service, the proposal or agreement will prevail.

4.3Results described on Our Site, including improvements in right-first-time rates, cycle times and document turnaround, come from past work. Every business is different, and these results are not a promise or guarantee of the outcome of any future engagement.

5. Intellectual property rights

5.1The provisions of this Clause 5 apply only to the Content of Our Site. Our intellectual property rights in training materials, course content and other materials provided as part of Our Services are governed by the written proposal or agreement for the relevant engagement, or by Clause 6 for E-learning Courses and any content on the Platform.

5.2All Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.3Subject to sub-Clause 5.4 below, You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.4You may:

• access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
• download Our Site (or any part of it) for caching;
• print one copy of any page from Our Site;
• download extracts from pages on Our Site; and
• save pages from Our Site for later and/or offline viewing.

5.5Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.6You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or Our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes, whether by business users or consumers.

6. E-learning courses

Where You purchase an E-learning Course, the following terms apply:

6.1Your purchase grants You a non-exclusive, non-transferable licence to use the E-learning Course for Your own personal or internal business purposes only. Each licence is for one named learner. Where an organisation buys licences for its staff, each licence must be assigned to one named learner and may not be reassigned once that learner has started the course, unless We agree otherwise in writing. You may not share, resell, distribute, reproduce, or otherwise make the E-learning Course available to others.

6.2E-learning Courses are accessed through Your Account on the Platform. Delivery is deemed to occur when We make the E-learning Course available in Your Account. We are not responsible for Your inability to access the E-learning Course due to technical issues outside Our control, including Your internet connection or device compatibility.

6.3If You are a consumer, by completing Your purchase You expressly request and consent to the immediate supply of the E-learning Course. You acknowledge that this means Your 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will end once access begins.

6.4If You are a consumer, under the Consumer Rights Act 2015 digital content must be as described, of satisfactory quality, and fit for purpose. If Your E-learning Course is faulty or misdescribed, You may be entitled to a repair, replacement, or refund. To request this, please contact Us at [email protected].

6.5Except as required by law, no refunds are available once access to the E-learning Course has been provided, as the content cannot be returned once delivered.

6.6We may update or improve E-learning Courses from time to time, but We are under no obligation to do so unless required by law or to correct an error.

7. Accounts

7.1To access an E-learning Course You will need an Account, which You will create through Our Site or the Platform. You may not create an Account if You are under 18 years of age.

7.2When creating an Account, the information You provide must be accurate and complete. If any of that information changes, it is Your responsibility to keep Your Account up to date.

7.3We recommend that You choose a strong password for Your Account, using a combination of lowercase and uppercase letters, numbers and symbols. It is Your responsibility to keep Your password safe.

7.4You must not share Your Account with anyone else, and You must not use anyone else’s Account. If You share Your Account in breach of this sub-Clause 7.4, We may revoke Your access to Your Account, the E-learning Course and/or the Platform.

7.5If You believe Your Account is being used without Your permission, You must contact Us immediately at [email protected]. We will not be liable for any unauthorised use of Your Account.

7.6Any personal information which You provide when opening or using Your Account will be collected, used and held in accordance with Your rights and Our obligations under the Data Protection Legislation, as set out in Clause 19.

7.7You may close Your Account at any time by contacting Us. Closing Your Account will remove Your information from the Platform, subject to any records We are required to keep by law, and will end Your access to any E-learning Courses and any areas of Our Site or the Platform that require an Account. Closing Your Account does not entitle You to a refund, except where required by law.

8. Links to our site

8.1You may link to Our Site provided that:

• You do so in a fair and legal manner;
• You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
• You do not use any logos or trademarks displayed on Our Site without Our express written permission; and
• You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2You may not link to any page other than the homepage of Our Site, bdtrainingandconsultancy.com. Deep-linking to other pages requires Our express written permission.

8.3Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at [email protected] for further information.

8.4You may not link to Our Site from any other site the main content of which contains material that:

• is sexually explicit;
• is obscene, deliberately offensive, hateful or otherwise inflammatory;
• promotes violence;
• promotes or assists in any form of unlawful activity;
• discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
• is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
• is calculated or is otherwise likely to deceive another person;
• is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
• misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
• implies any form of affiliation with Us where none exists;
• infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or
• is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

8.5The content restrictions in sub-Clause 8.4 do not apply to content submitted to sites by other users, provided that the primary purpose of the site accords with sub-Clause 8.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

9. Links to other sites

We may include links to other sites on Our Site, such as LinkedIn. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Disclaimers

10.1Nothing on Our Site constitutes advice on which You should rely. It is provided for general information purposes only. Advice specific to Your business is given only as part of an agreed engagement.

10.2Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet Your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

10.3We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.

11. Our liability

11.1The provisions of this Clause 11 apply only to the use of Our Site, and not to Our Services, which are governed by the written proposal or agreement for the relevant engagement.

11.2To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

11.3To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

11.4If You are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.5We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect Your hardware, software, data or other material that occurs as a result of Your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

11.6We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.7Nothing in these Terms of Service excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

12. Viruses, malware and security

12.1We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

12.2You are responsible for protecting Your hardware, software, data and other material from viruses, malware, and other internet security risks.

12.3You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful, either to or via Our Site.

12.4You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, the Platform, or any other server, computer, or database connected to Our Site.

12.5You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6By breaching the provisions of sub-Clauses 12.3 to 12.5, You may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing Your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

13. Acceptable usage policy

13.1You may only use Our Site in a manner that is lawful. Specifically:

• You must ensure that You comply fully with any and all local, national or international laws and/or regulations;
• You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
• You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
• You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2We reserve the right to suspend or terminate Your access to Our Site, Your Account, any E-learning Course and/or the Platform if You materially breach the provisions of this Clause 13 or any of the other provisions of these Terms of Service. Specifically, We may take one or more of the following actions:

• suspend, whether temporarily or permanently, Your Account and/or Your right to access Our Site, any E-learning Course and/or the Platform;
• issue You with a written warning;
• take legal proceedings against You for reimbursement of any and all relevant costs on an indemnity basis resulting from Your breach;
• take further legal action against You as appropriate;
• disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
• any other actions which We deem reasonably appropriate (and lawful).

13.3We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms of Service.

14. Enquiries and forms

14.1When You contact Us through a form on Our Site, by email or by phone, the information You provide must be accurate and must be Yours to share.

14.2Please do not send Us confidential or commercially sensitive information about Your business or any third party through Our Site. If an engagement goes ahead, We will agree how confidential information is shared and protected as part of the written proposal or agreement.

14.3Sending an enquiry does not create any agreement for Services between You and Us.

15. Privacy and cookies

Use of Our Site is also governed by Our Privacy Policy and Cookies Policy, which are incorporated into these Terms of Service by this reference.

16. Changes to these Terms of Service

16.1We may alter these Terms of Service at any time. Any such changes will become binding on You upon Your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

16.2In the event of any conflict between the current version of these Terms of Service and any previous version(s), the provisions current and in effect shall prevail unless expressly stated otherwise.

17. Contacting us

To contact Us, please email Us at [email protected].

18. Communications from us

18.1If We have Your contact details, We may from time to time send You important notices by email. Such notices may relate to matters including, but not limited to, changes to Our Services, changes to these Terms of Service and changes to Your Account.

18.2We will not send You marketing emails of any kind without Your express consent. If You do give such consent, You may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If You opt out of receiving emails from Us, it may take up to 14 business days for Us to comply with Your request. During that time, You may continue to receive emails from Us.

18.3For questions or complaints about communications from Us (including, but not limited to, marketing emails), please contact Us at [email protected].

19. Data protection

19.1All personal information that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.

19.2For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookies Policy.

20. Law and jurisdiction

20.1These Terms of Service, and the relationship between You and Us (whether contractual or otherwise), shall be governed by, and construed in accordance with, the law of England and Wales.

20.2If You are a consumer, You will benefit from any mandatory provisions of the law in Your country of residence. Nothing in sub-Clause 20.1 above takes away or reduces Your rights as a consumer to rely on those provisions.

20.3Any disputes concerning these Terms of Service or any matters arising from or associated with them (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.