These terms and conditions (as amended from time to time) (“Terms”) govern your use of the online educational service “Skillfoundry” (the “Service”) currently located at www.skillfoundry.co.uk (and any other online platforms designated by Skillfoundry Ltd from time to time) (the “Website”).

In these Terms, the term “you” and “your” means you, as a user of the Service. The terms “Skillfoundry Ltd”, “we”, “us” and “our” means Skillfoundry Limited, a company registered in England & Wales with Registered No. 06835994 with its Registered Office at Hyland Mews, 21, High Street, Bristol BS8 2YF

You can email us with any questions, queries or complaints info@skillfoundry.co.uk

Changes to These Terms

We reserve the right to make changes to these Terms from time to time. Such changes become effective immediately upon their posting on the Website. Your continued use of the Service shall constitute ongoing acceptance of these Terms as they are updated from time to time. If you disagree with the Terms (or any revision of them), you should discontinue your use of the Website or Service immediately.

Detailed Terms and Conditions of Use

1. Skillfoundry Registration and Account

1. You may access the Service via the Website by registering with Skillfoundry Ltd.
2. You may start the Registration process by using the Contact form on the Skillfoundry website.
3. The Service requires you to open a Subscription Account (an “Account”), and you allow us to use the information you have provided (such as your name, e-mail address, work postal address, telephone/mobile number) to complete the registration process and personalise your use of the Service.
4. On completing the registration process you will be sent the number of usernames and passwords that have been requested.
5. You are entirely responsible for maintaining the confidentiality of your password(s) and Account(s). Furthermore, you are entirely responsible for any and all activities that occur under your Account(s). You agree to notify us immediately of any unauthorised use or theft of your Account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We will not be liable for any loss that you may incur as a result of someone else using your password (s) or Account(s), either with or without your knowledge. However, you will be liable for losses incurred by us or other parties due to someone else using your Account(s) or password(s). You may not use anyone else's Account at any time.

2. Privacy and Data Collection

1. Your privacy is important to us. Skillfoundry Ltd does not collect personal information about individual users of the website.
2. When you connect to the Service, we may retrieve information from the computer used to log onto the Service. The information we collect may include information about the computer's hardware system and data related to the computer's software or use of the Service. We will not collect any personal information about you, however, without your knowledge and consent.
3. The Skillfoundry website uses cookies, they are only used when you have a subscription and you sign in to the website. Allowing a Skillfoundry cookie is part of our terms and conditions. A Skillfoundry cookie is used to store a session identifier when a subscriber signs in to the website. This cookie contains no personal data. The cookie is destroyed when a member signs out or there is no use by the signed in subscriber for more than 20 minutes.

3. Content

1. “Content” on the Service includes software, technology, text, sound, graphics, pictures, video, code, and all audio visual or other materials appearing on or emanating to and/or from the Service; forum posts, chat posts, profiles, widgets, messages, links, e-mails, as well as the design and appearance of our website.
2. Whilst every effort is taken to ensure the accuracy of the information provided to users of the Service, we assume no responsibility for the accuracy of any Content provided by the Service or the Website and you bear the entire risk of the completeness, accuracy or usefulness of any such Content.
3. The Service and the Content are provided on an “as is” basis without any warranties of any kind and to the fullest extent permitted by law Skillfoundry Ltd shall not have any liability for any inaccuracy or omission in the information provided by the Content, the Service or the Website. Furthermore, Skillfoundry Ltd offers no guarantee as to any results, academic or otherwise, of using the Service or the Website.
4. The videos on this website depict Tests carried out on low voltage (230v) electrical equipment. These Tests should not be attempted unless you are a suitably qualified and competent person or under the direct supervision of a suitably qualified and competent person. To the fullest extent of the law Skillfoundry Ltd shall not be liable for any injury and / or damage to persons or property from any use of the methods, instructions or ideas contained in the videos or other materials contained on this website.

4. Intellectual Property Rights

1. Content on the Service is owned by Skillfoundry Ltd or Skillfoundry Ltd's third party licensors and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
2. The Skillfoundry brand is owned by Skillfoundry Ltd. All other trade marks, service marks and trade names associated with the products or services that appear on the Service are the exclusive property of their respective owners. No licence or consent is granted to you to use these trademarks in any way, and you agree not to use these trademarks without our prior written permission.
3. You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Content. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of Content. Skillfoundry Ltd reserves all rights in Skillfoundry Ltd owned and licensed Content that are not expressly licensed to you in these Terms.
4. Content is made available to you for use on a strictly non-commercial educational basis only. As a user of the Service, you may store, print and display the content supplied solely on these terms.
5. Making unauthorised copies of Content found on the Service may result in the termination of your Account, prohibition of your use of the Service, and further legal action. Content owners may also take criminal or civil action against you for unauthorised use of their intellectual property.

5. Rules of Conduct

You may not

1. Attempt to get a password or provide your password, account information, or other private or personal information from/to any other user of the Service.
2. Improperly use support or complaint functions or make false reports to us.
3. Modify any part of the Service that we do not specifically authorise you to modify.
4. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service.
5. Use the Service in the furtherance or promotion of commercial activities.
6. Harass, threaten, embarrass, or do anything else to another user of the Service that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
7. Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing of third party rights, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable. Hate speech is not tolerated.
8. Impersonate another person, indicate falsely that you are an employee or a representative of Skillfoundry Ltd or its subcontractors, or attempt to mislead users by indicating that you represent Skillfoundry Ltd or its licensors , affiliates, employees, officers, or directors (collectively, “Skillfoundry Ltd Affiliates”).
9. Upload or otherwise cause the distribution of any so-called “malware” now known or hereafter devised including computer viruses, computer worms, Trojan horses, rootkits, spyware, dishonest adware and other malicious and unwanted software.
10. Attempt to use any software owned or controlled by us or our subcontractors on or through any service other than the Service.
11. Interfere with the ability of others to enjoy using the Service or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.
12. Have an Account or use the Service if you have previously been removed by Skillfoundry Ltd., or have previously been banned using any Skillfoundry Ltd service.
13. You must also obey all relevant national and local laws, regulations and rules that apply to your activities when you use the Service. Skillfoundry Ltd reserves the right to terminate your Account and to prevent your use of the Service if your Account is used to engage in illegal activity or if you breach any of these Terms, including those set out above.
14. If you encounter another user who is violating any of the Rules of Conduct, please report this activity using the contact form.

6. Skillfoundry Pricing

1. The price payable by you (the “Price”) is the price notified to you for the relevant paid-for Service. The Price excludes any applicable VAT.
2. We reserve the right to change the Price and specifications shown in relation to the Service.
3. The Service is available to Further Education Colleges or other Training Establishments. It is not available to individual students.
4. If the price or specification published on the Website or notified to you for the Service is materially incorrect when you place an order for those products or services and you contact us to inform us of this incorrect information, we will: (i) provide you with the correct price or specification; and (ii) ask you to confirm whether you would like to purchase the applicable products or services at the correct price or specification. If applicable, we will also state the period for which the offer or price remains valid. If you choose not to complete your purchase at the corrected price or product specification, we will provide you with a full refund for any amounts already paid by you.

7. Payment

1. You must be over 18 to make any payment for the Service.
2. The subscription is for a period of 12 months or part of from the 1st of Sept each year. The subscription will lapse on 31st Aug each year irrespective of the Start date ordered.
3. Once an order has been received, an invoice will be issued including bank details for payment via CHAPS / BACS. On confirmation of payment being received the subscriber will be sent the no. of passwords for the no. of usergroups requested.

8. Cooling Off Period

1. The Service is available to you immediately as soon as you complete your purchase. If you reside in the European Union and you purchase a product or service from us, you have the right to withdraw from your purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”).
2. However, please note that you will lose your right of withdrawal if the performance of the Service has begun before the end of the Cooling Off Period. Accordingly, if you purchase the Service from us, your right of withdrawal is lost as soon as you log into your Account as the performance of our Services begins at this point.

9. Cancellation & Refund Policy

1. If you decide that you do not wish to subscribe to Skillfoundry then you are able to receive a full refund within 7 calendar days from purchase subject to the following:
1. You have not accessed your account after sign up.
2. You e-mail us at info@skillfoundry.co.uk within 7 calendar days from the transaction date providing your e-mail address, username and password for your Skillfoundry Account and an explanation as to why you no longer required your account.
2. We will refund your subscription within 14 working days of receiving your e-mail.

10. Cancellation and Suspension

1. We can cancel or suspend your access to the Service or your Account, in our sole discretion and without prior notice, if (a) you fail to comply with these Terms; or (b) we otherwise suspect fraud or misuse of the Service and/or the Website, or any other unlawful activity associated with your Account. You may lose your user name and persona as a result your Account suspension, cancellation or termination (under paragraph 11 below), as well as any benefits, privileges, earned items and purchased items relating to your use of the Service, and Skillfoundry Ltd is under no obligation to compensate you for any such losses or results.

11. Termination of Services

1. You agree that we may stop making the Service available, at any time, without any liability to you. If we stop supporting the Service, we will, where reasonably practicable, provide at least sixty (60) days advance notice to you by posting a notice on the Website.

12. Updates to the Service

1. We may find it necessary to update the Service and/or the Website from time to time and we reserve the right to make these updates without liability.

13. Computer Viruses

1. We will use reasonable endeavours to ensure that the Website does not contain or promulgate any viruses or other malicious code. However it is recommended that you should ensure that your computers (including home computers) run up-to-date anti-virus software and you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code.
2. To the maximum extent permissible by law, we will not be liable to you for any loss or damage caused by any viruses or other malicious code originating or contracted from the Website or your use of the Service.

14. Technical Problems

1. We do not warrant that the operation of the Website will at all times be uninterrupted or error-free or that we will receive any communications you send to us: proof of sending shall in such cases not be deemed to be proof of receipt by us. Occasionally, technical problems may affect the Website and Service.
2. To the maximum extent permissible by law, we will not be liable to you for failures, defects or delays in delivery caused by:
1. Any unavailability or malfunction of the Website (though we will use all reasonable endeavours to ensure continuity of availability of the Website for users).
2. Your provision of incorrect information.
3. Your computer installation failing to meet the minimum technical requirements for the Service.
4. Your failure to comply with instructions for use of the Service.
5. Or any event which is outside of our reasonable control.

15. Limitations on Warranty and Liability

1. To the maximum extent permitted by applicable law, neither the publishers, authors, contributors or editors assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in the Skillfoundry videos and other materials on the Skillfoundry website.
2. To the maximum extent permitted by applicable law, you expressly agree that the use of the Service and the Internet is at your sole risk. We do not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that we will have adequate capacity for the service as a whole or in any specific geographic area.
3. The Service, the Website, Skillfoundry Ltd’s products and any third-party services and products are provided on an "as is" and "as available" basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. For the avoidance of doubt, Skillfoundry Ltd makes no representations, nor offers any guarantees, as to the educational (or other) benefits or results of using the Website or the Service.
4. To the maximum extent permitted by applicable law, you acknowledge and agree that your sole and exclusive remedy for any dispute with Skillfoundry Ltd or any Skillfoundry Ltd Affiliates is to stop using the Service, and to cancel your Account.
5. You acknowledge and agree that Skillfoundry Ltd and Skillfoundry Ltd Affiliates are not liable for any act or failure to act by them or any other person regarding conduct, communication or Content on the Service.
6. In no case shall Skillfoundry Ltd’s or Skillfoundry Ltd Affiliates’ liability to you exceed the amount that you paid for the Service. In no case shall Skillfoundry Ltd or Skillfoundry Ltd Affiliates be liable for incidental or consequential damages arising from your use of the Service, the Website, the Internet, or for any other claim related in any way to your use of the Service or your Account.
7. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Skillfoundry Ltd’s and Skillfoundry Ltd Affiliates' liability shall be limited to the full extent permitted by law. Skillfoundry Ltd does not endorse, warrant or guarantee any third party product or service offered through the Service and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
8. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Our performance under these Terms is deemed to be suspended for the period that the event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to find a solution by means of which our obligations may be performed despite such event.
9. Notwithstanding the foregoing, nothing contained in these Terms limits Skillfoundry Ltd’s (or any Skillfoundry Ltd Affiliates’) liability to you for fraudulent misrepresentations, death or personal injury caused by their negligence, or any other liability to the extent such liability cannot be excluded or limited as a matter of applicable law.

16. Advertising & Sponsorship

1. Parts of the Service may from time to time contain advertising and sponsorship on the public (not the subscription content) pages of the website. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on the Skillfoundry service comply with relevant laws, regulations and codes and these Terms. Skillfoundry shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.

17. Links to Third Party Sites

1. The Service may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Skillfoundry Ltd does not control such websites, and is not responsible for their content, practices, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

18. General Terms

1. Remedies. You agree that, other than where expressly stated, these Terms are not intended to confer and do not confer any rights or remedies upon any person other than you the consumer.
2. Severability. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
3. Waiver. If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
4. Governing Law: We will use our reasonable efforts to resolve any disputes over these Terms. If you wish to take court proceedings against us then these Terms will be governed by and construed in accordance with the laws of England and any disputes arising in connection with these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales. These Terms are available in English only.
5. Entire Agreement: These Terms (including the Skillfoundry Ltd privacy policy) and any posted rules or instructions regarding the Service constitute the entire agreement between you and Skillfoundry Ltd relating to your rights and obligations in the use of the Service. If there is any conflict between these Terms and any other rules or instructions posted on the Website, Skillfoundry Ltd shall resolve the conflict in its sole discretion.

19. Reservation of Rights

1. Skillfoundry Ltd reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any contravention of these Terms. Our failure to enforce these Terms in every instance in which we are entitled to do so does not amount to a waiver of Skillfoundry Ltd's rights..

20. Electronic Contracting

1. You acknowledge and agree that by returning the order form when you place any order for the Service, you are placing a legally binding offer. You consent to:
1. the use of electronic communications to enter into contracts and place orders with us;
2. the electronic delivery of notices, policies and records of transactions initiated or completed by you online.
2. You have the right to withdraw this consent, but if you do, we may cancel your access to the Service. If you do not consent to receive any notices electronically, you must stop using the Service. As long as you place orders with us online, you agree that you will have access to the necessary software and hardware to receive electronic records from us in connection with transactions initiated or completed by you online.