Pharma Brand Logic Terms and Conditions
Please read these Terms and Conditions of Use carefully before using www.pharmabrandlogic.co.uk ('the Website') or our associated web based server (collectively referred to as ‘the websites). These Terms and Conditions of use apply to all users of these Websites including casual browsers.
- Part A applies to all users of the Websites.
- Part B sets out additional terms which are applicable if you register as a user of the Websites.
- Part C sets out additional terms which are applicable if you buy or access any products or services that are sold from the Websites.
- Part D is our Copyright Statement.
(together the 'Terms')
Definitions:
'PBL', 'we', 'us ', 'our' and 'Pharma Brand Logic' means Pharma Brand Logic Ltd, 1 Maidstone Road, Kingston, Milton Keynes, MK10 OBD, UK., who will provide the e-Learning courses. When you purchase online Course Materials via the Website, your contract is with Pharma Brand Logic Limited.
'you' means the individual using the Websites.
'Course Materials' means the materials provided that enable you to complete a PBL Course.
'Course' means the online Course Materials, which are in a format that allows accessing and viewing the Course Materials online.
'Course Fee' means the fee payable for a PBL Course.
‘Websites’ means web based sites that advertise or deliver e-Learning solutions.
Part A Terms applying to all users of the Websites.
1. Please read these Terms and Conditions of Use ('Terms') carefully before using the Website.
Additional terms and conditions apply if you register as a user of the Websites (Part B) and if you buy, or access courses that are sold from the Websites (Part C). Ownership of Rights: Pharma Brand Logic is the owner of this Website and the brand. We reserve the right to withdraw all or part of the Websites at any time. By using these Websites you agree to be bound by these Terms, the Privacy Statement (shown separately) and the Copyright Statement (Part D)
Your responsibilities
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. Damage to your computer: Whilst we try to ensure that the Websites do 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 viewing content on the websites or via a web browser.
Accessibility of the Website
Although we use reasonable endeavours to ensure that the Websites are available 24 hours a day 7 days a week, we cannot promise that access to the Websites will be uninterrupted or error free. There may be occasions when access to the Websites are interrupted for emergency maintenance or repairs, or to carry out upgrades to improve the performance or functionality of the Websites. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond our control. You accept that you will not have a claim for breach of contract or otherwise 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.
Our Liability to you
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 Websites or any or content and/or facilities provided via the Websites:
- 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 maximum aggregate liability of Pharma Brand Logic for all claims, whether made in contract, tort under statute or otherwise (including in each case negligence) which are not otherwise excluded under these Terms ("Claims") shall be limited to the value of the courses purchased by you during a 3 month period.
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.
Any right to access the Course Materials is personal to you. Other than as permitted under Part C of these Terms, you may not transfer your rights to access the Course Materials to another person unless we have consented in writing to you doing so.
General
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 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 constitute the entire agreement between us and you in relation to the provision by us to you of the Websites, any Course Materials, and they replace and supersede any prior arrangements between us and you in relation to the same. You acknowledge that you are not relying on any statement made by PBL with regard to the Course Materials other than those expressly set out in these Terms (which include, for the avoidance of doubt, the description of the Course Materials). Nothing in this paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
The agreement between us and you 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.
These Terms are governed by and shall be construed in accordance with English law. Any dispute arising between us and you under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English courts. Our preferred method of communication is email on customerservices@pharmabrandlogic.com
2. Purpose of the Websites
The purpose of the Websites is to provide individuals with information on the range of courses and other products offered by or via the Websites and to facilitate online access to these products.
3. Copyright and Use of Materials
The materials on this Website are protected by our copyright statement and by third party copyright and other intellectual property rights as described in the PBL Copyright Statement (Part D). If you are using the Website to buy access to courses on behalf of your business, you may provide access to Course Materials to individuals within your organisation as set out in Part C of these terms.
Where you have been granted access to Course Materials, either as a result of your own online purchase or because you have been granted access rights by someone else, you may not re-sell access to the materials or otherwise distribute usernames and passwords to anyone except as permitted under these Terms or as permitted in writing by us.
4. Third Party Links
The Website 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. We are 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.
5. Amendments to the Terms
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.
Part B
6. Terms applying if you register as a user of the Website
Individuals will need to register in order to purchase courses or access newsletters and marketing articles that are sold or provided free of charge from the Website. By registering, you are creating a "user account". Please read Part B carefully before registering as a user of the Website.
7. Registration
To register as a user of the Website you must be at least 16 years old. 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 user for any reason in our absolute discretion.
8. Password
When you register as a user of the Website (or are provided server access via a username and password) you may be asked to select a user name and password. 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 require you to alter your username and password if we believe that they are no longer secure or for routine security.
The information that you provide to us upon registration and at any other time is subject to the PBL Privacy Statement (shown separately)
10. Suspension and termination of your account
You agree that we may at any time without notice terminate your user account. Subject to the terms of any agreement we conclude with you if you enrol on a Course via the Websites, we reserve the right to withdraw all or part of the Websites at any time.
Part C Terms applying if you buy or access any Course on the Website
These Terms, in addition to the Terms set out in Part A and Part B apply to the sale of any Course advertised on the Website, and to the subsequent access of these Courses. These Courses are provided as part of a stand-alone "PBL" offering. Tutorial support is not provided in respect of these Courses. Please read these Terms carefully before purchasing and print off a copy for your records.
11. Formation of a contract of sale
In order to purchase and access a Course, you must register as a user of the Website (see Part B). If you are already registered as a member of PBL you can log onto your customer account using the user name and password.
When you place an order for a Course you are offering to purchase that Course on these Terms. We shall have the right to decline or cancel your order. You can change your order at any time up to the submission of your credit or debit card details by using the "back button" of your web browser.
You will receive confirmation (via the website and by email) from PBL or Pay Pal, our payment processor, once they have approved your card transaction. A legally binding agreement shall not come into existence until we have accepted your offer to purchase a Course by means of a separate confirmation email from us providing a username and password to access our server, which will be effective upon sending.
For some orders, we may provide an offline purchase order or invoice process. Where this is provided it is subject to these Terms.
We reserve the right to withdraw at any time Courses advertised for sale on the Website.
12. Payment by you of the Course Fee
You agree to pay us the Course Fee.
The Course Fee for any Course at any given time will be displayed on the Website. Course Fees are quoted in pounds sterling. The total cost of the Courses and the VAT payable is shown on the shopping basket prior to the online transaction. We will debit the Course Fee from your credit card or debit card on or after the day you make an order for a Course.
VAT
Pharma Brand Logic is a UK registered company and therefore bases prices in sterling. UK customers will be charged value added tax (VAT).
For EU registrants no VAT will be levied if you input a valid country VAT number during stage three of the ordering process when the address and delivery details are requested. Your VAT will start with a prefix such as FR for France, DK for Denmark and then a series of numbers. If you would like to check the format please refer to this PDF > EU VAT number or the European community website at > http://ec.europa.eu/taxation_customs/vies/faqvies.do.
For
non UK and non EU registrants our ‘electronically provided services’ fall
outside the scope of UK VAT regulations as long as the courses are used for
business purposes. You will therefore not be charged VAT. If you will not
use these courses for business purposes please contact us via the
following email address and we will invoice you to include UK VAT: customerservices@pharmabrandlogic.com.
Exchange rates
Due to the volatility of international currencies the exact price for payments in currencies other than sterling e.g. USD or Euro, will be charged at the prevailing exchange rate at time of purchase via WorldPay or Pay Pal, or date of purchase order receipt or invoice date as appropriate.
Discount policy
A purchase discount will be applied to your cart if you purchase more than one version of the same course. The multiple purchase discounts (on selected courses) range from 10% if you buy three courses, up to 30% if you buy more than 7 of the same course for your team.
For more information about corporate discounts please enquire via email to the following address: customerservices@pharmabrandlogic.com
We reserve the right from time to time to change the amount of the Course Fee. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. If the correct price is higher than advertised, you will be entitled to choose between receiving a refund of the monies that you have paid to us or to pay the balance of the Course Fee to us. If the correct price is lower than advertised, we will refund the balance of the Course Fee to you.
13. Other Changes
You may incur additional charges to your Internet Service Provider while you are accessing the Course Materials. You are responsible for paying these charges.
14. Provision of Access
We will provide you with access to online Course Materials after we have confirmed your order by email. This will normally follow within two working days after a successful online transaction (we will endeavour to minimise the wait). The confirmation email will provide a URL to access our server, a username, password and ‘getting started guide’.
If you have purchased multiple copies of the same Course, we will ask you to send us relevant first and last names as well as associated email addresses for other participants. They will then receive a personalised confirmation email.
15. Your Right to Use the Course Materials and your Related Obligations
Online Course Materials: In consideration of receipt by us of the Course Fee, we grant to you a non-exclusive, non-transferable licence to use the Course Materials for the sole purpose of personal business use. As such you may make copies of the Course Materials as necessary incidental acts during your viewing of it, and you may print for your personal use so many pages of the Course Materials on the Website as are reasonable for private purposes.
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 the Course Materials. Any use of the Course 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, and / or the copyright or other intellectual property rights of our licensors.
16. Your Right to Cancel the Course
You may cancel your purchase of Course Materials within the following periods:
Online Course Materials: You may cancel your purchase of Course Materials within a period of 7 working days beginning on the day after the day on which the contract is concluded with you as notified by email confirmation from PBL in accordance with these Terms.
This period is called a "cooling-off period" and we will credit the Course Fee to your credit or debit card as appropriate within 28 days of receiving your notice of cancellation.
During the cooling-off period, you may cancel your order by post, telephone, email or fax using the contact details at the end of Paragraph 1.
Exceptions to the right to cancel during the cooling-off period.
You cannot cancel your purchase if you have accessed the Course Materials (as the contract will be deemed to have commenced at the time of access), unless the Course Materials are faulty.
Your statutory rights in the event of receiving faulty goods are not affected. However, we reserve the right to independently test any returned item.
17. Quality of the services
We will provide the Course Materials in accordance with the Course description which is set out on the Website.
We do not make any commitment to you that the Course will meet any specific requirements that you have and we expect you to take reasonable care to verify that the Course in question will meet your needs. We do not make any commitment to you that you will obtain any particular result from your use of the Course Materials or that you will obtain any particular qualification on completion of the Course.
We do not make any commitment that the Course Materials will be compatible with or operate with your web browser or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
18. Our Rights to Stop Providing the Services to you
We will make the Course Materials available to you for a period of three months after which point we will suspend your access to the course. This period starts immediately following the issue of your confirmation email. If you wish to access the Course Materials after your access has been terminated, you will need to repurchase. In certain circumstances, for example if you suffer from a disability, we may extend the time period in which you may access the Course Materials. To enquire about such an extension, please contact us via the details at the end of Paragraph 1.
We reserve the right to suspend your access to online Course Materials immediately in the event that:
- you fail to comply with these Terms which deals with the manner in which you are permitted to use the Course Materials and the Websites; or
- you fail to conduct yourself in an appropriate manner when communicating with or receiving support from us. By this we mean that you act in such a way as to threaten, intimidate or otherwise harass our staff.
If we exercise this right we will notify you and will then immediately suspend your access to the Course Materials.
19. Our Liability to you
Notwithstanding Paragraph 1;
The exclusions and limitations of liability contained in these Terms do not apply to:
- Your statutory rights as a consumer.
- Any other losses which may not be excluded or limited by law.
We make every effort to perform our obligations under our contract with you. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any Course 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 accessing the Course Materials, and (ii) all data that you are inputting when completing the Course.
In the event that we recommend that you change browser settings you do so at your own risk.
Except as set out in these Terms, 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 Course Materials 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) shall be limited to the amount of the Course Fee which has been paid (within the 3 month period), or is payable, 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.
Your use of the content provided on this Website is subject to the terms of this Copyright Statement.
Ownership
This website is owned by Pharma Brand Logic Limited ("PBL"). The copyright in the content provided on these Websites include all of the graphics, code, text products, software, audio, video, music and design is owned by PBL except where otherwise indicated. © PBL Ltd 2009. All rights reserved.
Copyright in any Course Materials including course notes, materials and teaching aids which will be made available to you if you enrol on a Course. The use of all Course Materials is subject to Part C of the Terms of Use. You agree not to copy, reproduce, upload, post, display or use in any way the PBL materials without the prior written permission of PBL.
Use of the Website
You are granted a limited personal non-exclusive licence to use the Course Materials for 90 days. As such, you may make copies of this Website as necessary incidental acts during your viewing of it, and you may print for your personal use so much of this Website as is reasonable for private purposes. Save as expressly set out in this Copyright Notice, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in this Copyright Notice is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of PBL, or in the case of material licensed to PBL, the owner of such materials.
You agree not to delete, change or modify in any way this Copyright Notice on this Website.
Last updated: January 28th 2009