Terms & Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
These licence terms are for consumers only. You are a consumer if: (a) you are an individual; or (b) you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession). If you are a business customer, please contact the IET Academy sales team regarding the purchase of a commercial licence.
This licence (“Licence”) is a legal agreement between you (“Licensee” or “you”) and the Institution Of Engineering And Technology, a registered charity with charity number 211014 with address at 2 Savoy Place, London, WC2R 0BL (“Licensor, us” or “we”) for the online e-learning course(s) or module(s) (“Learning Programme”) to which you have subscribed and which are accessed via the IET Academy.
We license access to the Platform and use of the Learning Programme to you on the basis of this Licence. We do not sell the Learning Programme to you. We (and our licensors) remain the owners of the Platform and the Learning Programme at all times. Please read these terms carefully before you submit your order to us. By clicking the “I accept” box at the point of purchase, you accept these terms and conditions. If you do not agree, do not proceed with the purchase.
IT IS AGREED:
1 Grant and scope of licence
1.1 1.1 In consideration of you agreeing to abide by the terms of this Licence, we hereby grant to you a non-exclusive, non-transferable licence to access the Platform and use the Learning Programme for non-commercial and educational purposes on the terms of this Licence, such licence to expire three months after the date of the Licencee's registration, or until terminated in accordance with this Licence.
2.1 Except as expressly set out in this Licence or as permitted by any local law, you undertake:
2.1.1 where you have chosen a password which enables you to access your account, to keep this confidential and not to share the password with anyone;
2.1.2 2.1.2 not to copy or amend the Platform or any of the content in the Learning Programme, except where such copying is incidental to normal use of the Platform and/or Learning Programme;
2.1.3 2.1.3 not to rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or the Learning Programme nor permit the Platform or the Learning Programme or any part of it to be combined with, or become incorporated in, any other programs;
2.1.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform and/or Learning Materials nor attempt to do any such things; and
2.1.5 not to provide, or otherwise make available, the Platform or Learning Programme in any form, in whole or in part to any person without prior written consent from us.
2.2 Availability. We will use reasonable efforts to correct any malfunction in the Platform or Training Programme that you bring to our attention, provided that such malfunction has not be caused due to your acts or omissions. You acknowledge and agree that we are reliant on the internet to grant you the licence to access the Platform and use the Training Programme. As such, we cannot guarantee that the Platform or Training Programme will always be available to you, uninterrupted or error free.
3 Intellectual property rights
3.1 You acknowledge that all intellectual property rights in the Platform and the Learning Programme throughout the world belong to us (or our licensors), that rights in the Platform and Learning Materials are licensed (not sold) to you, and that you have no intellectual property rights in, or to, the Platform and Learning Materials other than the right to use them in accordance with the terms of this Licence.
3.2 You are not permitted to use our trade mark(s) or trade name(s) without receiving our prior written consent.
4 Cancellation and refunds
4.1 The fee (in pounds sterling and which includes VAT) for the Training Programme is as indicated on the order pages. You will need to pay this fee before you are granted access to the Training Programme.
4.2 You have a right to change your mind and cancel your order within 14 days of receiving your confirmation email. To notify us of your decision to cancel, simply fill in the cancellation form and send it to us. We will refund you the price you paid for the Software within 14 days of your request by the method you used for payment.
4.3 If you start using the Learning Programme immediately, or before the 14 days have expired, you will lose your 14 day right to cancel this contract.
5 Our responsibility for loss or damage suffered by you
5.1 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 Licence or our failing to use reasonable care and skill.
5.2 We do not exclude or limit in any way our liability to you 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 or for fraud or fraudulent misrepresentation.
5.3 When we are liable for damage to your property. If digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation.
5.4 We are not liable for business losses. If you use the Platform or Learning Programme for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.1 We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
6.2 In the event that there is a third party intellectual property claim made in respect of the Learning Programme or the Platform, we may obtain the right for you to continue using the Learning Programme or the Platform, replace or modify the Learning Programme or the Platform so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this Licence and refund to you any sums paid for the Licence.
6.3 Upon termination for any reason:
6.3.1 all rights granted to you under this Licence shall cease;
6.3.2 you must cease all activities authorised by this Licence; and
7 Communications between us
7.1 If you wish to contact us in writing, or if any condition in this Licence requires you to give us notice in writing, you can:
7.1.1 use the “contact us” button on the IET Academy website; or
7.1.2 send us an email to email@example.com. We will confirm receipt of this by contacting you in writing, normally by email.
7.2 If we have to contact you or give you notice in writing, we will do so by email to the address you provide or confirm to us when you purchased this License.
8 Other important terms
8.1 We will use the personal information you provide to us in accordance with our privacy statement, to supply the Training Programme to you, and to process payment for/refund of the Training Programme.
8.2 This Licence constitutes the entire agreement between you and us, and supersedes any prior communication and all prior arrangements, whether written or oral, between you and us with respect to the subject matter hereof. We may make changes to the Platform, the Training Programme or these terms, to reflect changes in relevant laws and regulatory requirements or to the Platform and/or Training Programme to implement technical adjustments. Otherwise, this Licence may be amended only by consent (mail or email) of both parties.
8.3 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
8.4 You may only transfer your rights or your obligations under this Licence to another person if we agree in writing.
8.5 This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
8.6 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.7 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.
8.8 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of this Licence in either the Scottish or the 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.