Effective as from the 26 of January 2022.

These terms and conditions together with our Privacy Policy will apply to any agreement between us for the provision to you of our online training courses (Courses) to you (Agreement). Please review them carefully and make sure that you understand them before using this website.

Please note that before you use this site you must agree to these terms and conditions.

INFORMATION ABOUT US

LearnerGoGo is owned and managed by The Power Plus Group. Our details are:

The Powerplus Group Ltd
Suite 904 K2 Building
Bond Street
Hull
HU1 3EN
Tel: 01482 231733

Co Reg 08798531

OUR TRAINING COURSES

• The copyright and all other intellectual property rights in our courses, the content of them and associated materials is owned solely by us and you may not copy or reproduce any part of them unless you have obtained a licence in writing from us.
• We only supply the courses for use and training by the account owner and you agree not to use them or permit them to be used for any other purpose or by any other person.
• We provide telephone support to customers between the hours of 9am and 5pm (UK time) Mondays to Fridays excluding UK bank holidays. Outside of these hours an answering service is available.

USE OF OUR SITE

Your use of our Site is governed by our Terms and Conditions, Acceptable Use Policy and Privacy Policy. Please take the time to read these, as they include important Terms and Conditions which apply to you and our Agreement.

GDPR

• Unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation (EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing will apply: (Data Protection Laws).
• Both you and we must comply with all applicable requirements of the Data Protection Laws.
• For the purpose of this agreement you agree to our processing of the personal data you provide in accordance with our Privacy Policy. You warrant that any data you provide will be accurate and that if such data is not your own and that you are a data controller (for example if you are contracting as a business and providing the details of individuals) for the purpose of the Data Protection Laws, you warrant that you have permission to process the personal data provided and that we are entitled to process the data on your behalf. In addition you agree that we, together with you, as “joint data controllers” are entitled to process the data for the permitted purposes.
• We and you as joint data controllers warrant to act, at all material times, in accordance with the Data Protection Laws. We and you each further warrant:
  • to process shared personal data only for the permitted purpose which is for the provision of online training and reporting via our Website and Learning Management System;
  • not to disclose or allow access to the shared personal data to anyone other than you or us;
  • that all shared personal data is accurate, up to date and has at all times been collected, processed, stored and transferred in accordance with all applicable laws;
  • that all data subjects have been provided with sufficient information to enable fair, transparent and lawful processing and that you and we have all relevant permissions and consents to share the personal data with each other;
  • that the shared personal data is transferred in a secure manner using appropriate technical and organisational security measures that comply with the obligations of each data controller under Data Protection Laws including but not limited to GDPR Arts 45, 46, 49 and recitals;
  • to keep all notices and records up to date and accurate and to allow the other joint data controller, from time to time, access to the notices and records;
  • not, by any act or omission, cause the other joint data controller (or any other person) to be in breach of any Data Protection Laws;
  • to notify promptly (and in any event within 10 business days) the joint data controller when it becomes aware of:
    any change of circumstance which will, or may, or is alleged to impact on the lawfulness of the processing of the shared personal data;
  • any change in consent or other requests from any data subjects in respect of the shared personal data;
  • any inaccuracies in shared personal data;
  • any complaints in respect of the shared personal data;
  • any personal data breach including notification of the Data Protection Supervisory Authority and or data subjects impacting or relating to any shared personal data.
  • to retain its own obligations in respect of shared data it receives and will promptly co-operate with and provide reasonable assistance, information and record to assist each other with our respective compliance with Data Protection Laws and in relation to all complaints and data subject requests.
• You warrant that you have read and agreed to our Privacy Notice and that you consent to our processing your data on this basis and that you further understand your rights and obligations under the Privacy Notice pursuant to the GDPR.

You warrant that you have read and agreed to our Privacy Notice and that you consent to our processing your data on this basis and that you further understand your rights and obligations under the Privacy Notice pursuant to the GDPR.

OUR AGREEMENT

You confirm that you have sufficient authority to bind any business on whose behalf you use our Site.

These Terms and Conditions and any document expressly referred to in them together with the Privacy Policy constitutes the whole agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter

You acknowledge and agree that in entering into this Agreement you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not set out in these Terms and Conditions or any document expressly referred to in them or our Terms of Use Policy and Privacy Policy.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US

Our Course selection pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before finally submitting your order to us. Please take the time to carefully review and check your order at each page of the order process.

The Agreement between us will only be formed when you complete the Training Course.

OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We review and may modify these Terms and Conditions from time to time. Please see above to see when these Terms and Conditions were last updated.

Every time you complete an Induction from us, the Terms and Conditions in effect at the time of your order will be the ones applicable to the Agreement between you and us.

We review and may vary these Terms and Conditions as they are applicable to your order from time to time to reflect changes in regulatory requirements and relevant laws in which case we will notify you accordingly.

DELIVERY

The training courses are electronic courses and access to them will be provided in accordance with the registration process. Occasionally our delivery to you may be affected by an Event Outside Our Control. Delivery of an order shall be completed when you have in full, provided the sign up details as requested.

NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES OUR LIABILITY FOR:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation.

We will under no circumstances whatever be liable to you, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

• any loss of profits, sales, business, or revenue;
• loss or corruption of data, information or software;
• loss of business opportunity;
• loss of anticipated savings;
• loss of goodwill; or
• any indirect or consequential loss.

Our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the course save to the extent that cover is provided under our professional liability insurance.

Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the courses. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the courses are suitable for your purposes or the purposes of any learner who is intending to do a course.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster, or failure of public or private telecommunications networks or third party online cloud computing platforms.

If an Event Outside Our Control takes place that affects the performance of our obligations to you we will contact you as soon as reasonably possible to notify you, andour obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

COMMUNICATIONS BETWEEN US

When we refer, in these Terms and Conditions, to “in writing”, this will include email in relation to notices and communications. Also:

• Any notice or other communication given by you to us, or by us to you, under or in connection with the Agreement shall be in writing and shall be delivered personally, sent by email.
• A notice or other communication shall be deemed to have been received: if delivered personally, when left at our office; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
• In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified: support@thepowerplusgroup.com
• The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

OTHER IMPORTANT TERMS AND CONDITIONS

• We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations set out under these Terms and Conditions.
• You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
• This Agreement is between you and us. No other person shall have any rights to enforce any of the Terms and Conditions contained in it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• Any dispute or claim arising out of this Agreement or in connection with it or its subject matter or formation (including disputes or claims arising outside the ambit of this agreement) shall be governed by and construed in accordance with the law of England and Wales.
• We both irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim which arises out of or in connection with this Agreement or its subject matter or formation (including disputes or claims arising outside the ambit of this agreement).

YOUR IMPLIED RIGHTS

We do not in any way exclude or limit our liability for any breach of the terms and conditions which are implied by the Consumer Rights Act 2015 (including with regard to digital content corresponding with description, fitness for purpose and being of satisfactory quality) and your rights under that Act.

ACCEPTABLE USE POLICY

Effective as from the 26 of January 2022.

Our Acceptable Use Policy describes the terms between you and LearnerGoGo under which we allow you access to this web site. This acceptable use policy applies to all visitors and users of this website.

Your use of this website means that you agree to and will abide by and accept all the policies in this acceptable use policy, which supplements our standard Terms & Conditions.

PROHIBITED USES OF OUR WEBSITES

You may use our website for only lawful purposes only. You will not be permitted to use this website in the following:

• In any way that would be in breach of any relevant national, international or even local law or regulation.
• In any way that is fraudulent or unlawful, or has any type of fraudulent or unlawful purposes or effect.
• You will never attempt to transmit, or procure the sending of, any unauthorised or unsolicited promotional material or advertising that could in any way be constituted as Spam.
• You will not be permitted to knowingly receive, to send, to download, to upload, use or re-use any materials which do not comply with our standards of training content and set out further in this acceptable use policy.
• To knowingly transmit any data or send or upload any material that might contain digitally harmful code such as: Trojan horses, worms, time-bombs, keystroke loggers, viruses, spyware, adware or any other harmful programs or similar computer code which is designed to adversely affect the correct operation of any computer software or hardware.

You will also agree:

• Not to duplicate, reproduce, copy or re-sell any part of this website or its videos which is in strict contravention of our Terms & Conditions.
• You must not in any way (without authority) access, interfere with, disrupt or damage any section of or part of our:
• Website.
• Network or equipment on which our websites are stored;
• Software which is used in the provision of our website
• Or any network or software or equipment which is owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide services which are interactive on our websites, which may include, without limitation:

• Chat rooms.
• Bulletin boards.
• E-learning courses

When (or if) we do provide any type of interactive service, we will also provide you with clear information about the setting out the kind of services offered, whether it will be moderated and what form of moderation is used (such as, for example whether it is a bot or human).

We will make our best efforts to consider and assess any possible risks that exist for users (and in particular, for minors) from third parties when they use any of our interactive services which we provide on this website, and we will consider in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation it is appropriate to use) taking account of those risks. However, we are not under any obligation to monitor, oversee or moderate any particular interactive service which we provide on our websites, and we expressly exclude our liability for any damage or loss which arises from the use of any particular interactive service by a user which is in contravention of our standards of content, whether the service is moderated or not.

Where we moderate an interactive service, we will normally provide you with a way of contacting the moderator, should any particular concern or difficulty arise.

STANDARDS OF CONTENT

These standards of content apply to all and any material which you contribute to our website (contributions), and to any interactive services which are associated with it.

You must ensure that you comply with the spirit and the letter of the standards, which are set out below. The standards apply to the whole of each contribution as well as any part.

Contributions must:

• Ensure that they are accurate (where they include facts).
• Comply with the law applicable in the UK.

Contributions must not:

• Contain any material which is in any way defamatory of any person.
• Contain any material which is offensive, hateful, inflammatory or obscene.
• Promote or encourage sexually explicit material.
• Promote or encourage violence.
• Promote or encourage discrimination based on sex, race, nationality, religion, disability, age or sexual orientation.
• Infringe any database right, trademark of any other person or copyright.
• Be likely to deceive anybody.
• Be made in breach of any duty owed to a third party, including but not limited to a contractual duty or a duty of confidence.
• Promote any activity which is illegal.
• Be threatening, abusive or invade another person’s privacy, or cause distress, annoyance, or inconvenience.
• Be likely to upset, harass, embarrass, annoy or alarm any other person.
• Be used to misrepresent your identity or affiliation with any person or to impersonate any other person.
• Give the impression (if this is not the case) that they emanate from us.
• Promote, advocate or assist any unlawful act such as (for example only) computer misuse or copyright infringement.

SUSPENSION AND/OR TERMINATION

We will determine, at our absolute discretion, if there has been any breach of this acceptable use policy through your particular use of this website. When a breach of this policy has taken place, we may decide to take such action as we deem appropriate.
Failure to comply with this acceptable use policy amounts to a material breach of our standard Terms and Conditions and under which you are allowed to use this website. This may result in the following:

• Immediate withdrawal of your right to use this website (whether temporary or permanent).
• Immediate removal of any posting or material uploaded by you to our website (temporarily or permanently).
• Issue of a warning to you about your conduct.
• Legal proceedings against you for reimbursement of all costs we have incurred on an indemnity basis (including, but not limited to, legal costs and reasonable administrative costs) which result from the breach.
• Further legal action may be taken against you.
• Disclosure of any such information to law enforcement authorities as we reasonably feel is appropriate and necessary.

We exclude all liability for actions taken in response to breaches of this Acceptable Use Policy. The responses set out in this policy are not limited, and we may take any other action we reasonably deem to be appropriate depending on the particular situation.

VARIATION OF THE ACCEPTABLE USE POLICY

We may vary this acceptable use policy at any time by making amendments to this page. You are expected to check this page from time to time to take note of any changes we make, as such changes are legally binding on you. Some of the provisions which are contained in this acceptable use policy may also be superseded by provisions or notices which are published elsewhere on this web site.

COOKIE POLICY

Effective as from the 26 of January 2022.

Information about the cookies we use on our site.

This website uses cookies to help distinguish you from other users of our website. This help then provides you with a far slicker experience when you use this website. Therefore, by continuing to use this site, you are agreeing to our general use of cookies.

SO WHAT IS A COOKIE?

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer (if you agree).

We use the following types of cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of our e-billing service.
• Analytical and performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, perhaps greet you by name and remember your preferences and training record.
• Targeting cookies. These cookies record your visit to this website, the pages you have visited and the links you have followed. We will use this information to make our website and the displays on it more relevant.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Please note that third parties (including, for example, providers of external services like web traffic analysis services which may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies. Whilst we endeavour to keep this list accurate, third parties may be subject to change and may not all be listed. We have no control over the expiry of third party cookies.

You can block cookies by activating the setting in your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.