This agreement applies as between you, the User of this Website and
Qvantum Energy Technology Limited, the owner(s) of this Website. Your agreement
to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms
and Conditions is deemed to occur upon your first use of the Website. Clauses 3
and 12 – 14 apply only to the sale of Services. If you do not agree to be bound
by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer
capable of acceptance. Your order constitutes a contractual offer, and Our
acceptance of that offer is deemed to occur upon Our sending a confirmation
email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment
Information and credentials used by Users to access Paid Content and / or any
communications System on the Website;
"Content": means any text, graphics, images, audio, video,
software, data compilations and any other form of information capable of being
stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools,
services or information that Qvantum Energy Technology Limited makes available
through the Website either now or in the future;
"Services": means the services available to you through this
Website, specifically use of the Qvantum Energy Technology Limited proprietary
e-learning platform;
"Payment Information": means any details required for the
purchase of Services from this Website. This includes, but is not limited to,
credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at 25
Christopher Street, London, EC2A 2BS;
"System": means any online communications infrastructure that
Qvantum Energy Technology Limited makes available through the Website either
now or in the future. This includes, but is not limited to, web-based email,
message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses
the Website and is not employed by Qvantum Energy Technology Limited Ltd and
acting in the course of their employment;
"Website": means the website that you are currently using
(educationuk.qvantum.com) and any sub-domains of this site (e.g.
subdomain.yourschool.com) unless expressly excluded by their own terms and
conditions; and
"We/Us/Our": means Qvantum Energy Technology Limited, a company
incorporated in the United Kingdom with Company registration Number 14873399,
located at Office 10, Tugby Orchards, Leicester, LE7 9WE.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions,
all Content included on the Website, unless uploaded by Users, including, but
not limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Qvantum Energy Technology Limited, our affiliates or other relevant third
parties. By continuing to use the Website you acknowledge that such material is
protected by applicable United Kingdon and International intellectual property
and other laws.
4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or
in any other fashion re-use material from the Website unless otherwise
indicated on the Website or unless given Our express written permission to do
so.
5.1 Unless otherwise expressly indicated, all Intellectual Property
rights including, but not limited to, Copyright and Trademarks, in product
images and descriptions belong to the manufacturers or distributors of such
products as may be applicable.
5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or
in any other fashion re-use such material unless otherwise indicated on the
Website or unless given express written permission to do so by the relevant
manufacturer or supplier.
Material from the Website may be re-used without written permission where
any of the exceptions detailed in Chapter III of the Copyright Designs and
Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated,
these sites are not under the control of Qvantum Energy Technology Limited or
that of Our affiliates. We assume no responsibility for the content of such
websites and disclaim liability for any and all forms of loss or damage arising
out of the use of them. The inclusion of a link to another site on this Website
does not imply any endorsement of the sites themselves or of those in control
of them.
Those wishing to place a link to this Website on other sites may do so
only to the home page of the site educationuk.qvantum.com without Our prior
permission. Deep linking (i.e. links to specific pages within the site)
requires Our express written permission. To find out more please contact Us by
email at support.uk@qvantum.com or call us in the following number: 0330-822-6643.
9.1 When using any System on the Website you should do so in accordance
with the following rules. Failure to comply with these rules may result in your
Account being suspended or closed:
9.1.1 You must not use obscene or vulgar language;
9.1.2 You must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is abusive,
threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 You must not submit Content that is intended to promote or incite
violence;
9.1.4 It is advised that submissions are made using the English language
as We may be unable to respond to enquiries submitted in any other languages;
9.1.5 The means by which you identify yourself must not violate these
Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people, particularly employees and
representatives of Qvantum Energy Technology Limited or Our affiliates; and
9.1.7 You must not use Our System for unauthorised mass-communication
such as "spam" or "junk mail".
9.2 You acknowledge that Qvantum Energy Technology Limited reserves the
right to monitor any and all communications made to Us or using Our System.
9.3 You acknowledge that Qvantum Energy Technology Limited may retain
copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our
System may be modified by Us in any way and you hereby waive your moral right
to be identified as the author of such information. Any restrictions you may
wish to place upon Our use of such information must be communicated to Us in
advance and We reserve the right to reject such terms and associated
information.
10.1 In order to procure Services on this Website and to use certain
other parts of the System, you are required to create an Account which will
contain certain personal details and Payment Information which may vary based
upon your use of the Website as We may not require payment information until
you wish to make a purchase. By continuing to use this Website you represent
and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission
may be required; and
10.1.3 you will keep this information accurate and up-to-date. Your
creation of an Account is further affirmation of your representation and
warranty.
10.2 It is recommended that you do not share your Account details,
particularly your username and password. We accept no liability for any losses
or damages incurred as a result of your Account details being shared by you. If
you use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
10.3 If you have reason to believe that your Account details have been
obtained by another person without consent, you should contact Us immediately
to suspend your Account and cancel any unauthorised orders or payments that may
be pending. Please be aware that orders or payments can only be cancelled up
until provision of Services has commenced. In the event that an unauthorised
provision commences prior to your notifying Us of the unauthorised nature of
the order or payment then you shall be charged for the period from the
commencement of the provision of services until the date you notified us and
may be charged for a billing cycle of one month.
10.4 When choosing your username you are required to adhere to the terms
set out above in Clause 9. Any failure to do so could result in the suspension
and/or deletion of your Account.
11.1 Either Qvantum Energy Technology Limited or you may terminate your
Account. If We terminate your Account, you will be notified by email and an
explanation for the termination will be provided. Notwithstanding the
foregoing, We reserve the right to terminate without giving reasons.
11.2 If We terminate your Account, any current or pending orders or
payments on your Account will be cancelled and provision of Services will not
commence.
12.1 Whilst every effort has been made to ensure that all general
descriptions of Services available from Qvantum Energy Technology Limited
correspond to the actual Services that will be provided to you, We are not
responsible for any variations from these descriptions as the exact nature of
the Services may vary depending on your individual requirements and
circumstances. This does not exclude Our liability for mistakes due to
negligence on Our part and refers only to variations of the correct Services,
not different Services altogether. Please refer to sub-Clause 13.8 for
incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan
of Services.
12.3 We neither represent nor warrant that such Services will be
available at all times and cannot necessarily confirm availability until
confirming your Order. Availability indications are not provided on the
Website.
12.4 All pricing information on the Website is correct at the time of
going online. We reserve the right to change prices and alter or remove any
special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an
order being placed for Services and Us processing that order and taking
payment, then the price that was valid at the time of the order shall be used.
13.1 No part of this Website constitutes a contractual offer capable of
acceptance. Your order constitutes a contractual offer that We may, at Our sole
discretion, accept. Our acceptance is indicated by Us sending to you an order
confirmation email. Only once We have sent you an order confirmation email will
there be a binding contract between Qvantum Energy Technology Limited and you.
13.2 Order confirmations under sub-Clause 13.1 will be sent to you before
the Services begin and shall contain the following information:
13.2.1 Confirmation of the Services ordered including full details of the
main characteristics of those Services;
13.2.2 Fully itemised pricing for the Services ordered including, where
appropriate, taxes, delivery and other additional charges;
13.2.3 Relevant times and dates for the provision of the Services;
13.2.4 User credentials and relevant information for accessing those
services.
13.3 If We, for any reason, do not accept your order, no payment shall be
taken under normal circumstances. In any event, any sums paid by you in
relation to that order will be refunded within 14 calendar days.
13.4 Payment for the Services shall be taken via your chosen payment
method, immediately for any setup fee that corresponds to the service plan you
purchased and at the same day of each subsequent month (“billing cycle”) for
charges accrued during the previous month (“billing cycle”) AND/OR as indicated
in the order confirmation you received.
13.5 We aim to fulfil your Order within 2-3 working days or if not,
within a reasonable period following your Order, unless there are exceptional
circumstances. If we cannot fulfil your Order within a reasonable period, we
will inform you at the time you place the Order by a note on the relevant web
page or by contacting you directly after you place your Order. Time is not of
the essence of the Contract, which means we will aim to fulfil your Order
within any agreed timescales but this is not an essential term of the Contract
and we will not be liable to you if we do not do so. If the Services are to
begin within 14 calendar days of Our acceptance of your order, at your express
request, you will be required to expressly acknowledge that your statutory cancellation
rights, detailed below in Clause 14, will be affected.
13.6 Qvantum Energy Technology Limited shall use all Our reasonable
endeavours to provide the Services with reasonable skill and care, commensurate
with best trade practice.
13.7 In the event that Services are provided that are not in conformity
with your order and thus incorrect, you should contact Us immediately to inform
Us of the mistake. We will ensure that any necessary corrections are made
within five (5) working days.
Additional terms and conditions may apply to the provision of certain
Services. You will be asked to read and confirm your acceptance of any such
terms and conditions when completing your Order.
13.8 Qvantum Energy Technology Limited provides technical support via our
online support forum and/or phone. Qvantum Energy Technology Limited makes
every effort possible to respond in a timely manner, but we do not guarantee a
particular response time.
We want you to be completely satisfied with the Products or Services you
order from Qvantum Energy Technology Limited. If you need to speak to us about
your Order, then please contact customer care on 0330-822-6643, or by email at support.uk@qvantum.com
or write to us at our address (see section 1 above). You may cancel an Order
that we have accepted or cancel the Contract. If any Specific Terms
accompanying the Service contain terms about cancelling the Service, the
cancellation policy in the Specific Terms will apply.
14.1 If you are a consumer based within the European Union, you have a
statutory right to a “cooling off” period. This period begins once your order
is confirmed and the contract between Qvantum Energy Technology Limited and you
is formed and ends at the end of 14 calendar days after that date. If you
change your mind about the Services within this period and wish to cancel your
order, please inform Us immediately using the following email: support.uk@qvantum.com.
Your right to cancel during the cooling off period is subject to the provisions
of sub-Clause 14.2.
14.2 As specified in sub-Clause 13.6, if the Services are to begin within
the cooling off period you are required to make an express request to that
effect. By requesting that the Services begin within the 14-calendar day
cooling off period you acknowledge and agree to the following:
14.2.1 If the Services are fully performed within the 14-calendar day
cooling off period, you will lose your right to cancel after the Services are
complete.
14.2.2 If you cancel the Services after provision has begun but is not
yet complete you will still be required to pay for the Services supplied up
until the point at which you inform Us that you wish to cancel. The amount due
shall be calculated in proportion to the full price of the Services and the
actual Services already provided. Any sums that have already been paid for the
Services shall be refunded subject to deductions calculated in accordance with
the foregoing. Refunds, where applicable, will be issued within 5 working days
and in any event no later than 14 calendar days after you inform Us that you
wish to cancel.
14.3 Cancellation of Services after the 14-calendar day cooling off
period has elapsed shall be subject to the specific terms governing those
Services and may be subject to a minimum contract duration.
Use of the Website is also governed by Our Privacy Policy
(educationuk.qvantum.com/privacy) which is incorporated into these Terms and
Conditions by this reference. To view the Privacy Policy, please click on the
link above.
16.1 All personal information that We may collect (including, but not
limited to, your name and address) will be collected, used and held in
accordance with the provisions of the Data Protection Act 1998 and your rights
under that Act.
16.2 We may use your personal information to:
16.2.1 Provide Our Services to you;
16.2.2 Process your payment for the Services; and
16.2.3 Inform you of new products and services available from Us. You may
request that We stop sending you this information at any time.
16.3 In certain circumstances (if, for example, you wish to purchase
Services on credit), and with your consent, We may pass your personal
information on to credit reference agencies. These agencies are also bound by
the Data Protection Act 1998 and should use and hold your personal information
accordingly.
16.4 We will not pass on your personal information to any other third
parties without first obtaining your express permission.
17.1 We make no warranty or representation that the Website will meet
your requirements, that it will be of satisfactory quality, that it will be fit
for a particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be secure,
and that all information provided will be accurate. We make no guarantee of any
specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice, and the
Content of this Website should not be relied upon when making any decisions or
taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual
offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure that the Website is
secure and free of errors, viruses and other malware, you are strongly advised
to take responsibility for your own internet security, that of your personal
details and your computers.
We reserve the right to change the Website, its Content or these Terms
and Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions by law, these
changes will apply automatically to any orders currently pending in addition to
any orders placed by you in the future.
19.1 The Website is provided “as is” and on an “as available” basis.
Qvantum Energy Technology Limited uses industry best practices to provide a
high uptime, including a fault-tolerant architecture hosted in cloud servers.
We give no warranty that the Website or Facilities will be free of defects and
/ or faults and we do not provide any kind of refund for outages. We provide no
warranties (express or implied) of fitness for a particular purpose, accuracy
of information, compatibility and satisfactory quality.
19.2 We accept no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
20.1 To the maximum extent permitted by law, We accept no liability for
any direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Website or any information contained therein. You should be aware that you
use the Website and its Content at your own risk.
20.2 Nothing in these Terms and Conditions excludes or restricts Qvantum Energy
Technology Limited’s liability for any direct or indirect loss or damage
arising out of the incorrect provision of Services or out of reliance on
incorrect information included on the Website.
20.3 In the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability
of the remaining Terms and Conditions. This term shall apply only within
jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to
exercise any right or remedy contained herein, this shall not be construed as a
waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any
prior versions thereof, the provisions of these Terms and Conditions shall
prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any
third party. The agreement created by these Terms and Conditions is between you
and Qvantum Energy Technology Limited.
24.1 All notices / communications shall be given to Us either by post to
Our Premises (see address above) or by email to support.uk@qvantum.com. Such
notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
24.2 We may from time to time, if you opt to receive it, send you
information about Our products and/or services. If you do not wish to receive
such information, please click on the ‘Unsubscribe’ link in any email which you
receive from Us.
These Terms and Conditions and the relationship between you and Qvantum Energy
Technology Limited shall be governed by and construed in accordance with the
Law of England and Wales and Qvantum Energy Technology Limited and you agree to
submit to the exclusive jurisdiction of England and Wales.
