These terms and conditions apply to Services provided by InstructorHQ (“InstructorHQ” or “we” or “us”) through the website https://www.instructorhq.com/ (“the Website”).
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the paid contents, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Paid Content” means the information and services provided by InstructorHQ to accompany a course provided as part of the Services in hard copy or elec- tronic form.
“Fees” means the fees paid by you to InstructorHQ for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databas- es, patent rights, performers’ rights, designs and registered designs, trade- marks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Material” means the delivery by us of an Online Material and any ser- vice pursuant to which you learn Paid Content remotely.
“Services” means the provision of the Online Material and/or the Paid Content together with such other services as agreed from time to time and purchased by you through the Website or by telephone.
“Website” means https://www.instructorhq.com/.
“you” means the individual purchasing the Services.
2. The Services
2.1. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.2 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a par- ticular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.3 Our services use third-party resources and services. In this sense, we use Stripe and PayPal as payment third-party processors, Mailchimp to store and manage emails, Mailgun for the automatic email based procedures. We also may use video hosting services as Vimeo or Wistia.
3. Ordering Services
Purchasing Services via the Website
3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
4. Cancellation and Variation
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.1 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement, to cancel your purchase of the Services.
4.2. If you have purchased an Online Material and have already accessed, downloaded all or part of the Online Material and/or started to use that Online Material then you shall have no right to cancel your order.
4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of InstructorHQ.
5. Fees & Refund
5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Paid Content and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant pro- fessional body or examination board and we accept no responsibility or liabili- ty for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of pur- chase.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and InstructorHQ shall not be responsible for these.
5.6 Payments may be performed using Stripe, PayPal.
5.7 We provide a time-window of 14 days for any refund request.
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment ad- vice. Additionally, we make no claim or reassurance on the effectiveness of the provided services.
6.2. Although InstructorHQ aims to provide the Services to the highest stan- dards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Paid Con- tent and any reliance by Client on any such information, (ii) any loss or corrup- tion of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Ser- vices. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for pur- pose or conformance with description).
6.4. Subject to clause 6.5 below, InstructorHQ’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Material in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit InstructorHQ’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Paid Content, Online Materials and the speeches made by trainers are, and remain, the intellectual property of InstructorHQ or its licensors, whether adapted, written for or customized for the Client or not.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Paid Content without prior written per- mission;
(ii) record on video or audio tape, relay by videophone or other means the On- line Material given
(iii) use the Paid Content in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of InstructorHQ on the Paid Content;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Materials.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Materials.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non- transferable, non-exclusive license to use the Paid Content and the software in respect of the Online Material for the sole purpose of completing the Online Material.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- a. fail to pay when due your Fees;
- b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of InstructorHQ;
- c. cheat or plagiarize any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- d. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises;
- e. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;
- f. are intoxicated through alcohol or illegal drugs while on our premises;
- g. commit any criminal offense committed on our premises or where the victim is our employee or student;
- h. are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confi- dentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other com- pany without prior notice to you.
11. Entire Agreement
12. Force Majeure
InstructorHQ shall not be liable to you for any breach of its obligations or ter- mination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclu- sive jurisdiction of the English courts in connection with any dispute hereun- der.
Please note that access to certain Digital Services may require a subscription, such as to the InstructorHQ paid subscription service, and may be subject to additional terms, as our Terms and Conditions statement reachable through the website. Note that different types of data may be obtained depending on the Digital Service or Materials you interact with (e.g., InstructorHQ may obtain information relating to your qualifications and credentials when you apply for a certification through a InstructorHQ Learning Digital Service). Where the practices for a certain Digital Service differ from the general practices, this is called out specifically.
2. WHAT INFORMATION WE OBTAIN
When you use a Digital Service, we obtain various types of information related to you and your use of the Digital Service or Materials such as full name, email address, username and favorite method of payment. This data includes information that directly identifies you such as your name, email, or contact information as well as information such as online identifiers or cookie-level data that may indirectly identify you. The information we obtain generally consists of information (1) you provide us about yourself or that we directly collect from you, (2) you provide us about others, (3) automatically collected about your interactions with the Digital Services or Materials, and (4) we get from other sources as described further below.
A. Information we obtain directly from you
InstructorHQ asks you to provide information about yourself when you use the Digital Services, including when you create an account, complete a form or subscribe to a mailing list. You may not be able to use certain features if you choose not to submit the requested information.
The information you provide us or that we directly obtain from you includes details such as:
- Contact information (e.g., your name, email address, job title, company name).
- Demographic and interests information (e.g., region, industry sector, preferred language, topics of interest).
- Payment information for purchases made through the Digital Services (e.g., payment card number, expiration date and billing information). This information is used for the limited purposes of processing your transaction, providing you with the Materials and to protect our rights or the rights of others, since we use third-party payment processors as Stripe and PayPal.
- Information you choose to share with us (e.g., when you submit an inquiry through an online form on a Digital Service).
- Transactional and activity information (e.g., requests, searches or orders).
B . Information automatically collected
The information automatically collected includes the following:
- Information about your computer, device, browser and operating system (e.g., type, model, or version).
- Internet protocol (IP) address, which is used to derive your general geographic area (e.g., city and country).
- Device identifiers.
- Information about your interactions with the Digital Services, including browsing activities and clickstream data that reflect the Materials you have accessed, clicked on, or viewed.
- Information about how you accessed the Digital Services, including details about websites or apps visited immediately before or after accessing a Digital Service.
- Demographic and interests information (e.g., region, industry sector, preferred language, topics of interest).
- Information about your interactions with email messages and other communications, such as whether you opened or forwarded the email or clicked on links contained in the email.
3. HOW WE USE INFORMATION WE OBTAIN
InstructorHQ uses the information we obtain:
A. To provide you with the Digital Services. This service includes:
- Processing your requests regarding the Digital Services and the Materials.
- Providing customer assistance or technical support.
- Customizing the Digital Services and Materials, providing recommendations and enhancing the quality and your overall experience with the Digital Services, including by retaining your user preferences or optimizing the presentation of the Digital Services and Materials based on your industry or interests and for the browser or device you use to access the Digital Services.
- Maintaining, operating, improving and developing the Digital Services, Materials and other InstructorHQ products and services.
- Learning about users of the Digital Services and analyzing how you and others interact with and respond to the Digital Services and Materials, including by measuring and optimizing usage, reliability and performance, conducting market research, performing analytics, and supporting our operations (e.g., for accounting, auditing, financial, legal or other purposes).
B. To communicate with you. This activity includes:
- Sending you Materials you have requested or which we believe are of interest to you.
- Sending you informational messages about the Digital Services (e.g., to confirm your access to the relevant Materials or notify you of changes to a Digital Service).
- Delivering marketing or promotional communications.
- Responding to your questions or addressing your requests.
- Providing you with surveys regarding the Digital Services.
C. To protect our rights or the rights of others. This protection includes:
- Performing audits, assessments and testing or troubleshooting activities.
- Backing up our systems (including for disaster recovery purposes) and enhancing the overall security of the Digital Services.
- Complying with and enforcing applicable legal requirements (including legal process such as court orders, warrants, regulatory investigations, or subpoenas) and/or fulfilling contractual obligations.
LEGAL BASIS FOR USING THE INFORMATION
We must have a legal basis to process your personal information. The legal basis will be one of the following:
- To honor our contractual obligations to you when we use your information to provide you with the Digital Services or to provide access or a subscription to Materials. For example, when you purchase a subscription from us, it will be necessary to process your payment details and contact details to confirm and provide the subscription. Similarly, when you sign up for a mobile app, we will need to process your registration information so that we can set up your user account and provide the relevant services to you. Failure to provide the information could prevent or delay the fulfillment of the contractual obligations.
- To comply with our legal obligations when we use your information to protect our rights or the rights of others and when we share your infor- mation with other parties where required by law or as necessary to protect our rights. We are required to collect certain information from you when processing your subscription payment for tax or financial reporting reasons. Similarly, local tax law will often require us to keep information about contest or promotion participants for audit and taxation purposes.
4. HOW WE SHARE THE INFORMATION
InstructorHQ shares the information we obtain with:
A. Affiliates and Subsidiaries. We share your information within the InstructorHQ partners or related third-party resources, we may share your browsing and subscription history on our website with other InstructorHQ companies for marketing purposes and internal reporting. A list of InstructorHQ companies with which your information may be shared is available.
B. Service Providers. In connection with the operation of the Digital Services and provision of Materials, we engage various third parties to provide services or handle transactions on our behalf. These service providers use the information we provide to them as necessary or appropriate for the performance of their services.
C. Advertising- and Marketing-Related Service Providers. We may provide your information to entities that create, deliver and assess our advertising or marketing campaigns.
D. Business Partners. We may share your information with business partners, such as when we administer a conference or a course, provide a webinar in conjunction with an industry partner or when we issue a joint publication.
YOUR RIGHTS OVER YOUR PERSONAL INFORMATION
In certain circumstances, you have a right to access or object to the use of personal information held about you (including in relation to direct marketing and interest-based advertising). You can also ask us to rectify, update, erase, restrict or to share your information in a usable format with another company. Such requests are subject to applicable law.
We encourage you to contact us to update or correct your information if it changes or if the personal information we hold about you is inaccurate.
If you would like to discuss or exercise such rights, please contact us using the details provided in the “Contact Us” section below. We will contact you if we need additional information from you in order to honor your requests.
5. YOUR CHOICES, INCLUDING OPT-OUTS
Direct Marketing Opt-Outs
You may opt out of receiving marketing or promotional emails (when and if applicable) from us by communicating your intentions sending us an email. Depending on the Digital Service you use, you may also be able to opt out of marketing or promotional emails by logging into your account and managing your email preferences. Please keep in mind that if you opt out of receiving marketing or promotional emails we will still send you transactional emails or other communications relating to your use of the Digital Services or Materials (e.g., to confirm your access to the relevant Materials, to inform you of changes to a Digital Service or in response to your password recovery request). You may request that we stop sending you direct mail marketing communications by notifying by email at firstname.lastname@example.org
6. HOW WE PROTECT AND STORE YOUR INFORMATION
InstructorHQ uses a variety of security technologies and procedures to help protect information from unauthorized access, use or disclosure. However, please be aware that no security measure is perfect or impenetrable. Therefore, while we make reasonable efforts to protect your personal information, we cannot guarantee its absolute security. If you register account on the. Digital Services, you are responsible for keeping your password secure. Do not share your login credentials with others.
We will keep your personal information for as long as we have a relationship with you. Once our relationship with you has come to an end, we will retain your personal information for a period of time that enables us to:
- Maintain business records for analysis, understanding market trends and/or audit purposes and to improve our Digital Services.
- Comply with record retention requirements under applicable laws or other relevant legal or regulatory requirements.
- Defend, establish, exercise or bring any existing or potential legal claims.
- Carry out fraud detection and prevention.
- Deal with any complaints regarding the Digital Services, our products and services.
We will delete your personal information when it is no longer required for these purposes. If there is any information that we are unable, for technical reasons, to delete from our systems, we will put in place appropriate measures to prevent any further processing or use of the data.
7. INTERNATIONAL DATA TRANSFER & PRIVACY SHIELD NOTICE
InstructorHQ operates the Digital Services globally, including in the United States. Any information we obtain about you in connection with your use of the Digital Services may be processed and stored in the United States or other countries. The laws of these countries may not provide the same level protection for your personal information as your home country.
When InstructorHQ transfers your personal information from the European Economic Area (EEA) or Switzerland to a non-EEA country, we rely on one or more of the following legal mechanisms: the EU-U.S. Privacy Shield, Swiss- U.S. Privacy Shield, Standard Contractual Clauses, or your consent.
8. CHILDREN’S PRIVACY RIGHTS
The Digital Services are not intended for use by children, especially those under the age of 13, and we do not knowingly collect personal information from children under the age of 13.
9. THIRD-PARTY WEBSITES, MOBILE APPS OR OTHER SERVICES
We are not responsible for the privacy practices of any non-InstructorHQ operated websites, mobile apps or other services and channels, and we encourage you to review the privacy policies or notices published by relevant third parties.
11. CONTACT US
Definition of cookies
technical cookies (session or navigation): They guarantee the normal navigation and use of the web- site and are therefore aimed at making functional and optimizing the same navigation within the site.
functionality cookies: They are strictly necessary to provide services explicitly requested by the user. analytical first/third-party cookies: They are used and made exclusively to collect information in an aggregate and anonymous form, on the number of users and on how users visit the site.
Enabling and disabling cookies from the Browser
Most browsers are configured to accept, control or possibly disable cookies through settings. We re- mind you, however, that disabling cookies or navigation functions can cause unsatisfactory operation of the site and / or limit the service we offer.
Third Party Cookies
- Mailchimp: We use this resource to properly manage and elaborate email operations and pro- cedures.
Right to deny the cookie usage consent
The user has the opportunity to deny the consent in cookie usage simply visiting the preference panel of the Web Browser used for the website visit. In any case, we clearly state that any potential denial in cookie usage consent by the user may comport a potential limitation during the website use.