Terms and conditions
These Terms and Conditions govern your use of this website, ldcaretraining.org (the "Site”) and your relationship with LD Care Training ("we”, "us” or "LD Care”). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register as a member or use this Website. Please also see our Privacy and Data Protection Policy for information about how we collect and use your personal data.1. Introduction
1.1 This Site provides information relating to dementia care for people with learning disabilities. Written, video and audio resources may be supplied, certain of which will require registration and subscription.
1.2 These terms will apply to registered members and those who simply view the Site ("you").
1.3 By using the Site, you agree to be bound by these Terms and Conditions.
1.4 You are responsible for ensuring that all persons who access our site through your
internet connection are aware of these Terms and Conditions, and that they comply with them.
1.5 Please note that these terms and conditions may be amended from time to time. Notification of any changes will be made by us posting new terms onto the Site. In continuing to use the Site you confirm that you accept the then current terms and conditions in full at the time you use the Site.
2.1 You can browse the Site without registering or subscribing but if you wish to view certain content on the Site, you need to register with us and may be required to pay a subscription fee.
2.2 When you register as a member we will ask for some of your personal information. Any personal information you provide us with will be handled in accordance with our Privacy and Data Protection Policy.
2.3 If you register to use the Site as a member you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting [email protected]
2.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may require you to change your password or we may suspend your account. Until you have changed your password or we have reactivated your account you will not be able to access your registration profile.
2.5 You agree that all personal information that you supply to us will be accurate, complete and kept up to date at all times. We may use the information provided to us to contact you.
2.6 You may not have more than one registration. We reserve the right at our discretion to delete or cancel the registration of any person who in our opinion possesses more than one profile at any time.
2.7 We reserve the right to cancel your registration at any time and for any reason. 3. Subscription
3.1 Certain functionality, content and facilities will only be available to registered members who have agreed to subscribe to the Site ("subscribers”).
3.2 If you become a subscriber we agree to allow you access to certain Site content. When subscribing you will select a subscription period. Once that period has expired your access to the content will end and you will be required to subscribe once again for further access.
3.3 Please note that we offer two levels of subscription – family and professional. There are separate restrictions which apply to each level of subscription.
A family subscription may be purchased for personal use only or use by your immediate family – meaning your parent, grandparent, spouse, sibling or child. No more than 4 people may view the content on the Site with one subscription and you (as the registered user) must be present when the content is viewed. If you wish to allow more than 4 people to view the content then you will be required to purchase another subscription.
Please note that a family subscription may not be used in the course of any profession, business, trade or commercial undertaking.
If you are a care professional or otherwise wish to use the content for professional, business or commercial purposes then you will be required to purchase a professional subscription for you or your organisation. Up to 12 people within your organisation may view the content on the Site with one subscription (but you are not permitted to show the content to people outside of your organisation). If you wish to allow more than 12 people to view the content then you will be required to purchase another subscription.
3.4 We will charge you for the relevant subscription fees by using the debit or credit card details which you supply to us via PayPal or other payment processor.
3.5 Should you cancel your subscription, your account will be frozen at the end of the
subscription period you have paid for.
3.6 We may also offer a level of free registration and use of the Site ("basic access”) to certain users who only need to access limited content and functionality. The availability of basic access and the Site functions which are available to basic access registered users is at our sole discretion.
4. User Generated Content
4.1 We may offer opportunities for users to post content to the Site. We may remove Content from the Site for any reason but in particular, content which does not comply with our standards may be removed.
4.2 By publishing any Content on the Site you confirm that:
4.2.1 you are the author of the Content;
4.2.2 you own all of the intellectual property rights in the Content;
4.3 Any Content that you publish on the Site will be your personal responsibility. You will be personally liable for all claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
4.4 You agree to indemnify us in relation to any liability we may suffer as a result of any claims relating to defamation, breach of intellectual property, privacy or any other claim arising from your Content.
4.5 You agree that you will not publish any offensive, inaccurate, misleading, defamatory, fraudulent or illegal Content.
4.6 In particular you agree not to publish (or otherwise use the Site to distribute) any Content which:
4.6.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.6.2 harasses any person or advocates harassment of any person;
4.6.3 displays or promotes pornographic or sexually explicit material of any kind;
4.6.4 does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.6.5 is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
4.6.6 promotes illegal or unauthorized copying of another person's copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy protect devices, or providing pirated music or links to pirated music files;
4.6.7 provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else's privacy or providing or creating computer viruses;
4.6.8 contains or is subject to restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
4.6.9 solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
4.6.10 involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
4.6.11 promotes information that you know to be false or misleading;
4.6.12 contains personal information e.g. names or contact details; or
4.6.13 engages in commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes.
4.7 We reserve the right to remove any Content from the Site at any time and for any reason.
5. Use and Abuse of the Site
5.1 We grant you a limited licence to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with our express written consent.
5.2 If you come across any offensive, inaccurate or damaging material on the Site or if you are subject to any form of abuse or harassment we ask that you contact the Site administrator immediately to report the abuse by [using the ‘Report Abuse’ link on the page or by emailing [email protected]
5.3 You agree that you will not:
5.3.1 upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
5.3.2 access to the Site using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
5.3.3 solicit log-in information or accessing an account belonging to someone else.
5.3.4 bully, intimidate, or harass any user of the Site.
5.3.5 do anything unlawful, misleading, malicious, or discriminatory.
5.3.6 do anything to disable or impair the proper working of the Site, such as a denial of service attack.
5.3.7 do anything to suggest, express or imply that statements made by you are endorsed by us.
5.3.8 impersonate any other person in any profile whether or not that other person is a user of the Site
5.3.9 users of the Site are not entitled to directly advertise without our express written consent. 6. Viruses, hacking and other offences
6.1 You agree not to upload any files or post or publish any on the Site that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another's computer.
6.2 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
6.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your registration and right to use our Site will cease immediately.
6.4 We will not be liable for any loss or damage caused by viruses, a distributed denial-of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
7. Availability of the Site
7.1 Although we aim to offer you the best service possible, we make no promise that the services at this Site will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with this Website you should report it to [email protected]
and we will attempt to correct the fault as soon as we reasonably can.
7.2 Your access to this Site may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the Website may be restricted whether or not you have registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these terms. 8. Our Liability
8.1 We will operate the Site with the reasonable skill and care of an online service provider no further warranties are provided.
8.2 We provide information which is designed to assist with dementia training for those who care for people with learning disabilities. This information cannot provide (and is not intended to provide) comprehensive coverage of the relevant issues.
8.3 Our content should always be used in conjunction with other professional advice and training.
8.4 You should ensure that any actions or decisions made by you after viewing our content are made taking into account other factors (apart from the information we provide) of which you and your medical advisers or colleagues should be aware and you should ensure that you have consulted such professionals.
8.5 The information provided may relate to certain contexts and may not be suitable in other contexts. It is your responsibility to ensure that you do not use the information we provide in the wrong context and if you do use the information in another context we will not be liable for any loss or damage which arises as a result.
8.6 We will not be liable in any circumstances for any indirect or consequential loss or damage such as lost profit, lost opportunity, lost bargain, lost reputation, loss of anticipated savings or lost data whether caused by our negligence, the negligence of our employees or agents or otherwise. We will not be liable to any party other than a registered user of the Site.
8.7 The Content published on the Site will include views and opinions submitted by users. We do not endorse any views or opinions made by the users of the Site.
8.8 Nothing in these terms will limit our liability for fraud or for death or personal injury caused as a result of our negligence.
8.9 In the event that you have a dispute with any other Site user arising from their use of the Site, you agree to pursue such claim or action independently of us, and you release us from all claims, liability and damages arising from any such dispute.
9. Cancellation and Termination
9.1 If you wish to cancel your registration and/or subscription you should email us at [email protected]
On receipt of an email by you to us cancelling your registration and/or subscription then we will terminate your registration and subscription.
9.2 We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these terms. 10. Data Protection Policy
10.1 We request that all personal information that you provide is accurate, current and complete.
10.2 Any content published on the Site including sensitive and personal information is publicly available and by posting any such content you are expressly consenting to its public display.
10.3 All notices sent to you will be sent to the email address provided with your registration details (as updated by you). By accepting these terms you give your consent to receive communications from us by email and you agree that all agreements, notices, disclosures and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing.
10.4 Any personal information that you provide to us in using the Site or as a member will be handled in accordance with our Privacy and Data Protection Policy.
11. Intellectual Property
11.1 The format and content of this Site is protected by United Kingdom and international copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Site.
11.2 This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Site without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site without our express written consent.
12. Notice and Take-Down
12.1 We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when notified but cannot be responsible where you have failed to provide the relevant information.
12.2 In the event that you believe that any content on the Site is defamatory or infringing on intellectual property right you should notify us in writing either by email to [email protected]
or by post to LD Care Training, 11A Norwich Street, Fakenham, Norfolk NR21 9AF UNITED KINGDOM including the following:
12.2.1 Your full name and contact details, including postal address, telephone number and e-mail address;
12.2.2 The exact URL at which the defamatory or infringing content appears;
12.2.3 The content that you believe is defamatory or infringing on intellectual property rights;
12.2.4 The reasons that you believe the content is defamatory or infringing on intellectual property rights;
12.2.5 A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
12.2.6 A signed declaration truth in respect of the information in the notice.
12.3 Any statement made under this clause 12 may be used in court proceedings. 13. International Use
13.1 We make no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so at your own initiative and are responsible for compliance with local laws.
13.2 You shall comply with all foreign and local laws and regulations which apply to your use of our Site or our simple randomisation service in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
14.1 These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
14.2 If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
14.3 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
14.4 We may make changes to the format of the Site, services provided or to the Site’s content at any time without notice.