eLearning and Blended learning terms and conditions

Making an Online Purchase of eLearning Courses

Making an online purchase could not be easier.  Just click on the Google Buy Now Button and you will be prompted to create a Google account.  If you already have a Google account, you can log in using your previously stored credentials.  You will then be prompted to enter additional details to process your order.

Google Checkout is free - You are only responsible for paying for your purchases, including taxes and delivery fees (if applicable).  There are no additional costs for purchasing through Google Checkout.

Payments will be processed in Pounds Sterling (British Pounds).

For orders made from the UK or the European Union, 20% VAT is added.  Our VAT Registration number is: GB 864 3553 03

Terms and Conditions apply.  See QA eLearning and Blended Learning Content -Terms of Online Purchase, below.

Order Processing

After placing your order, Google will send you a confirmation email along with a receipt.  Google will perform an authorisation for 100% of the order amount on your credit card, but this will not be charged until your order has been processed by QA.  In the case of any change of price or problem, we will always contact you first to discuss the issue.

Under normal circumstances we aim to process your order within 5 business days.   Please allow up to 10 days for delivery.  We will email you with full details on the fulfilment of your order and a point of contact for enquiries.  For eLearning orders which do not require manuals, books or exams, these will normally be despatched using an Access Key to our Learning Management System (LMS) which will be sent by email, with instruction on how to access your elearning. 

If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.

Privacy and Security

Google and QA take the privacy of your information seriously.  Your payment information and delivery addresses can be saved in your Google Account to make future purchases more convenient and secure. Google guarantees that:

• Your account information is stored on Google's secure servers.
• Your purchase information is encrypted during transmission with industry-standard SSL (secure socket layer) technology.
• Google does not share your full credit card number with QA.
• Google will not disclose personally identifiable information about your purchase history to advertisers or merchants.

QA will have access to your address and/or telephone number, as necessary to complete your transaction.

Returns Policy

Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm

QA eLearning and Blended Learning Content - Terms of Online Purchase

This contract is in respect of elearning products ("Content") and/or use of QA Virtual Platform (learning management system) only ("Content Services").  Other associated services (if any) will be the subject of separate Terms and Conditions as published elsewhere on the QA website www.qa.com.

SPECIFIC TERMS

CONTENT SERVICES

Content Licensing provides you with physical access to content for personal use or deployment to your employees or students, as applicable in accordance with the number of licenses to use  the Content that you have purchased.   Access to the Content may be via QA Virtual Platform or via a portable memory device such as a USB flash memory stick , supplied by QA under these Terms of Online Purchase, in accordance with the option chosen at the time of purchase.
QA Virtual Platform is a web delivered learning management system accessed through standard web-browsing programs.  Following the purchase of an online version of QA eLearning or Blended Learning Content you will receive password protected access to QA Virtual Platform enabling you to use the specific Content as described in the relevant product description on QA's web site, www.qa.com.   
Term:
Where access to the Content via QA Virtual Platform is purchased, the initial term of the Content Service identified above shall be for 1 year from the effective date, which for the purpose of online purchases shall be the date when QA charges the credit card account used for payment .  Upon completion of the initial term, the applicable Content Service may be renewed or extended as mutually agreed in writing.
Where access to the Content via a portable memory device is purchased, the term of the Content Service shall be defined by the product. 
BY CONFIRMING AN ORDER THROUGH THE ONLINE PROCESS THE OWNER OF THE CREDIT CARD USED IN THE PURCHASE AGREES TO THE SPECIFIC TERMS SET FORTH ABOVE AS WELL AS THE TERMS AND CONDITIONS SET FORTH IN ALL EXHIBITS APPLICABLE HERETO.  THIS AGREEMENT SHALL BE EFFECTIVE UPON THE EFFECTIVE DATE STATED ABOVE.

GENERAL TERMS AND CONDITIONS

1.  DEFINITION OF AGREEMENT.  The first page of this Agreement (the "Specific Terms"), these General Terms and Conditions, and all other Exhibits applicable hereto, which may be entered into hereunder (together, this "Agreement") constitute the entire agreement between Customer and QA Limited ("QA") regarding the Content Services identified in the Specific Terms.  The term of Agreement shall be as set forth in the Specific Terms. This Agreement supersedes all prior communications, agreements and understandings, whether oral or written, between Customer and QA regarding the subject matter of this Agreement, and may only be amended in a writing signed by both parties. No provision in addition to or in conflict with this Agreement contained in any Customer purchase order or other document shall be binding on QA. In the event of any conflict between these Terms of Online Purchase and any other Terms and Conditions issued by QA in relation to services provided by QA, the latter shall have precedence.

2.  TERM. This Agreement shall commence upon the Effective Date set forth in the Specific Terms, and continue in effect as long as any Service covered by this Agreement has an effective term. The following sections of these General Terms & Conditions shall survive termination of this Agreement for any reason: Copyright, Export, Governing Law, Notices, Independent Contractor, No Waiver, Severability.  

3.  COPYRIGHT. Nothing in this Agreement constitutes a waiver of the rights of QA or any of its third party suppliers under copyright law in any jurisdiction, including the U.S. Copyright Act or international treaty.

4.  EXPORT. Customer shall comply with all applicable international and national laws that apply to any content or other products provided under this Agreement, including the U.S. Export Administration Regulations, as well as end-user, end-use and country destination restrictions issued by the UK, U.S. and other governments.

5.  NO ASSIGNMENT. Customer may not assign this Agreement without the prior written consent of QA and its third party licensors, if applicable, except to a purchaser of all or substantially all of Customer's assets (including by means of a merger or similar transaction). 

6.  GOVERNING LAW. This Agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the exclusive jurisdiction of the English courts, without regard to conflict laws.

7.  NOTICES.  Notices and other communications hereunder shall be deemed given only when in writing, signed by or on behalf of the person giving the same, and either (i) personally delivered (with receipt acknowledged), (ii) sent by registered or certified mail, return receipt requested, postage prepaid, or (iii) sent by overnight next business day courier, as follows: if to QA, to Rath House, 55-65 Uxbridge Road, Slough, SL1 1SG, United Kingdom., Attention:  Legal Department; if to Customer, to the address set forth on the Specific Terms; or to either party at such other address as such party has specified by notice to the other party hereto.  All such notices and communications shall be effective (i) when received or receipt refused if delivered by personal delivery or overnight courier, or (ii) upon three days following deposit in the mail if given by certified or registered mail, when delivered to the above address.

8.  NO WAIVER.  Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing signed by the waiving party to be effective.  Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed and will not be deemed to be a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action.

9.  SEVERABILITY.  If any term, condition or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties shall endeavour in good faith to agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement.  If the parties fail to agree on such an amendment, such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law.

CONTENT SERVICE TERMS & CONDITIONS

1.  SCOPE. These Content Service Terms and Conditions form a part of the Agreement to which they are appended, and, together with the Specific Terms and General Terms and Conditions, apply to Customer's use of the Content Service identified in the Specific Terms. 

2.  LICENSE GRANT. QA hereby grants Customer a non-exclusive, non-transferable, non-assignable license to use the content made available to Customer through the applicable Content Service ("Content") only in connection with the training of the Customer as an individual, authorised Customer employees or students, as applicable, who have received a valid ID or Access Key from QA Ltd or who have been supplied the Content in an unused QA-authorised package containing a portable memory device (such as a USB flash memory stick) purchased directly from QA ("Authorised End-Users").  In the case of access to QA Virtual Platform, Customer may only access the Content via standard web browser. Customer shall use reasonable efforts consistent with industry standards to block access to the Content except to Authorised End Users.  Any information, data or files relating to Content that may reside in a World Wide Web browser cache as the result of an Authorised End-User gaining access to the Content may not be used for any purpose other than for training of such person. 

3.  LICENSE RESTRICTIONS. Customer shall not: (a) use the Content Service for a service bureau, facilities management, time-sharing arrangement or other similar arrangement, or rent, lease, assign, resell, distribute or sublicense the Content Service or any software used in connection with the Content Service ("Software") to any third party; (b) modify, disassemble, translate, abridge, or otherwise created derivative work based on,  decompile, reverse engineer or otherwise determine or attempt to determine or have or attempt to obtain access to, the source code or internal design of the Content Service, Software, or Content or any other text, multimedia images (graphics, audio and video), data and other information provided by QA in connection with the Content Service (collectively, the "Licensed Materials"); (c) remove, alter or otherwise modify any copyright or other legal notices contained in the Licensed Materials; (d) knowingly transmit or distribute the Licensed Materials, nor permit the Licensed Materials to be downloaded for use other than as specified herein.  (e) allow unsecured access to the Licensed Materials; (f) grant or permit access to the Content Service by anyone other than an Authorised End User; or (g) permit the sharing of Authorised End User IDs by multiple end-users except in the case of termination of employment  (for corporate and similar business customers) or student status other than as a result of graduation (for education customers), in which case a Authorised End User ID and any Content Services associated with that ID may be reassigned to another Authorised End User.

4.  CHANGES TO ONLINE CONTENT.  Notwithstanding anything to the contrary in this Agreement, QA reserves the right in its sole and absolute discretion and without notice to Customer to change the Content provided under this agreement, provided that if any such changes materially and adversely affect Customer's Content Services hereunder, Customer shall be entitled to terminate this Agreement with respect to such Content Service, and receive a refund of all amounts paid by Customer attributable to such Content Service for the period of time after termination.

5.  TERM & TERMINATION.  The term of this Agreement with respect to Content Services shall commence on the date set forth in the Specific Terms, and continue in force as provided in the Specific Terms. Either party may terminate this Agreement with respect to any Content Services upon 30 days' written notice to the other party for material breach by the other party if such breach is not cured within such 30 day period.  Notwithstanding the foregoing, all Content Services then in effect will automatically terminate immediately upon either party becoming the subject of any bankruptcy, liquidation, receivership or similar proceedings, making an assignment for the benefit of its creditors, or becoming unable to pay its debts as they become due, provided such event is not cured within thirty (30) days of the date the other party first became aware of any of the conditions listed. In the event of a termination by Customer as a result of a material breach by QA, QA shall refund any amount previously paid by Customer attributable to the affected Content Services for the period following termination. In addition to the foregoing, if Customer fails to make any scheduled Content Service payment in full and fails to cure such payment default within 30 days after notice by QA, all scheduled payments for such Content Service shall automatically become immediately due and payable.  No expiration or termination due to Customer's breach of this Agreement shall affect Customer's obligation to pay to QA the total Content Service fee commitment set forth in this Agreement.  Upon termination, Customer shall not retain any rights in or to the Licensed Materials, shall immediately cease all use of the Content Services and related Content (including the Licensed Materials and the Software) and delete any Licensed Materials or Software in its possession or control. The following sections of these Content Service Terms & Conditions shall survive termination of this Agreement for any reason: License Restrictions, Records & Audit Rights, Proprietary Rights, Indemnity, Confidentiality.

6.  PROPRIETARY RIGHTS.  Notwithstanding anything to the contrary contained in this Agreement, the Licensed Materials, Software, and the Content Services are the property of QA and or its third party licensors. QA, KnowledgeHub, Element K and the Element K logo are trademarks of QA or its third party licensor.  Except as expressly stated herein, QA does not grant Customer any intellectual property or other rights in the Licensed Materials, the Software or the Content Services. 

7.  REPRESENTATIONS AND WARRANTIES.  QA represents and warrants that: it possesses all rights necessary to grant the rights granted to Customer by this Agreement; and the Licensed Materials do not and will not infringe any patent, trademark, copyright, privacy rights, publicity rights or other proprietary right of any third party.  Customer represents and warrants that: it will use best efforts to ensure that QA's rights in the Content Services and the Licensed Materials are protected and respected; it will exercise due diligence to obtain all necessary rights in the software or other products which are the subject matter of any tutorial or other Licensed Materials; and that the upload and use of any Customer-provided materials will not violate the copyright or other legal rights of any person or entity. 

8.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND REMEDY.

8.  DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND REMEDY.
a.  Except as expressly provided herein, the content services, the software and the licensed materials are provided to customer 'AS IS' without warranty of any kind, QA and its third party content suppliers expressly disclaim all warranties, either express or implied, including, but not limited to, performance, merchantability, and fitness for a particular purpose or any implied warranty arising by  usage of trade course of dealing or course of performance. QA does not warrant that the content is or will be accurate or error-free or meets or will meet customer's or any user's requirements.
b. In no event will QA or any of its third party content suppliers be liable for indirect, special, incidental, consequential, or punitive damages (including without limitation, damages for loss of profits, loss of use, business interruption, loss of data or other pecuniary loss), arising out of the use or inability to use the content services, even if advised of the possibility of such damages.  This limitation shall apply notwithstanding any failure of the essential purpose of any limited remedy provided herein. In not event shall the liability of QA or any of its third party suppliers exceed the amount of the content service fees paid hereunder.
c.  Neither party excludes or limits liability to the other party for death or personal injury caused by its negligence.d. If all or any part of the  Content  becomes, or in QA's opinion is likely to become, the subject of a claim of intellectual property infringement, QA shall have the right, at its option, either (a) to procure for Customer the right to continue using the Content, or (b) replace or modify the Content so that it becomes non-infringing or (c) if, after good faith efforts to achieve (a) and (b) above, such remedies are not reasonably available, terminate Customer's license with respect to infringing materials, and promptly give Customer a pro rata refund of the funds paid for the affected portion of the Content.

9.  INDEMNITY.  Each party shall indemnify, defend and hold the other, its affiliates and each of their officers, directors, employees, and agents harmless from, or at its option settle and/or pay, any and all actions, claims, damages, expenses (including reasonable attorneys' fees and other legal costs) and liabilities that arise from or relate to any third party claim arising out of any breach of a representation or warranty herein. Indemnification obligations hereunder shall be subject to the party seeking indemnification (a) promptly notifying the indemnifying party of a claim or threatened claim covered by such indemnification, (b) tendering sole control of the defence and settlement of such claim to the indemnifying party (provided that the indemnifying party shall not enter into any settlement agreement that adversely affects the indemnified party without the indemnified party's prior written consent) and (c) cooperating fully with such defence and/or settlement at the indemnifying party's expense.

10.  CONFIDENTIALITY.  Each party will retain in confidence the terms of their agreement for Content Services and all other information and know-how of the other party disclosed to or acquired by such party ("Receiving Party") pursuant to or in connection with this Agreement which is either designated as proprietary or confidential or which, under the circumstances, ought in good faith to be treated as proprietary or confidential ("Confidential Information"); provided that each party may disclose the terms of this Agreement to its legal and financial consultants or representatives or funding sources as reasonably necessary in the ordinary course of its business, or as required by law.  Each party agrees to hold all Confidential Information in the strictest confidence using measures at least as great as those taken to protect its own confidential information of a similar nature.  Confidential Information will not include any information that: (a) was known by the Receiving Party prior to disclosure thereof by the other party; (b) was in or entered the public domain through no fault of the Receiving Party; (c) is disclosed to the Receiving Party by a third party entitled to make such disclosure; (d) is independently developed by the Receiving Party without reference to any Confidential Information of the other party; or (e) is ordered to be disclosed pursuant to a final binding order of a governmental agency or court of competent jurisdiction, provided that Receiving Party will provide prompt notice of such order to Disclosing Party and cooperate with and assist Disclosing Party in connection with obtaining a protective order at Disclosing Party's cost and expense.  Upon request, or upon any termination or expiration hereof, each party will return to the other all materials, in any medium, which contain, embody, reflect or reference all or any part of any Confidential Information of the other party.