Our Terms and Conditions of use

This is a contract with “TrainMii.com”. Please carefully read the following terms before accessing this site or using a course. By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.

By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications TrainMii.com may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

Although TrainMii.com makes reasonable efforts to update the information on the TrainMii.com website, TrainMii.com makes no representations, warranties or guarantees that the content on the TrainMii.com website is accurate, complete or up-to-date.

TrainMii.com does not guarantee that the TrainMii.com website, or any content on it, will always be available or be uninterrupted. Access to the TrainMii.com website is permitted on a temporary basis. TrainMii.com may suspend, withdraw, discontinue or change all or any part of the TrainMii.com website without notice. TrainMii.com will not be liable to you if for any reason the TrainMii.com website is unavailable at any time or for any period.

You are responsible for ensuring that all persons who access the TrainMii.com website through your internet connection are aware of these terms and conditions and that they comply with them.

Nothing in these terms and conditions excludes or limits TrainMii.com’s liability for death or personal injury arising from TrainMii.com’s negligence, or TrainMii.com’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

To the extent permitted by law, TrainMii.com excludes all conditions, warranties, representations or other terms which may apply to the TrainMii.com website or any content on it, whether express or implied.

TrainMii.com will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the TrainMii.com website; or
• use of or reliance on any content displayed on the TrainMii.com website.

If you are a business user and you purchase a product on the TrainMii.com website then (subject always to the provisions above and below) TrainMii.com’s total liability to you will be limited to the total amount paid by you for the product. If you are a business user and you sell a product on the TrainMii.com website, TrainMii.com’s total liability to you will be limited to the amount of commission payable by you to us.

If you are a consumer user then (subject always to the provisions above and below) TrainMii.com will be responsible for loss or damage you suffer that is a foreseeable result of TrainMii.com’s negligence or breach of these terms and conditions, but TrainMii.com will not be responsible for any loss or damage that is not foreseeable.

TrainMii.com will not be liable for:

• loss of data (as it is your responsibility to back-up and keep copies of all data you submit to the TrainMii.com website);
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

TrainMii.com will not be liable for any loss or damage caused by a virus, 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 the TrainMii.com website or to your downloading of any content on it, or on any website linked to it.

TrainMii.com assumes no responsibility for the content of websites linked on the TrainMii.com site. Such links should not be interpreted as endorsement by TrainMii.com of those linked websites. TrainMii.com will not be liable for any loss or damage that may arise from your use of them.

Product descriptions and images displayed on the TrainMii.com website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between users and sellers and/or TrainMii.com. No responsibility or liability is assumed by TrainMii.com for the information, service and/or products being suitable for the purpose of the user.

If you are a consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.

Intellectual property

TrainMii.com is the owner or the licensee of all intellectual property rights in the TrainMii.com website, and in the material published on it, with the exception of products for sale. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

Viruses

TrainMii.com does not guarantee that the TrainMii.com website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the TrainMii.com website. You should use your own virus protection software.

You must not misuse the TrainMii.com website 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 the TrainMii.com website, the server on which it is stored or any server, computer or database connected to the TrainMii.com website. You must not attack the TrainMii.com website via a denial-of-service attack or a distributed denial-of service attack. 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 right to use our site will cease immediately.

Linking

You may link to the TrainMii.com home page, provided you do so in a way that is fair and legal and does not damage TrainMii.com’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. TrainMii.com reserves the right to withdraw linking permission without notice.

Where the TrainMii.com website contains links to other sites and resources provided by third parties, these links are provided for your information only. TrainMii.com has no control over the contents of those sites or resources.

Governing law and jurisdiction

These terms and conditions shall be governed by and read in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the courts of England.

1) General

• 2) TrainMii e-Learning reserve the right to change the content used at any time.
• 3) Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
• 4) Students will receive an electronic notification 1 month prior to the course end date.
• 5) All rights not expressly granted herein are reserved.
• 6) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
• 7) If you do not agree with these Terms and Conditions you must cease the course immediately and notify TrainMii e-Learning of your intent not to continue

2) Financial

• 2) TrainMii e-Learning quotes prices and issues invoices in UK pounds (GBP), US dollars (USD), Euros (EUR) only. The client must pay in the currency shown on the invoice.
• 3) Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
• 4) Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
• 5) The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials.
• 6) With purchase orders TrainMii.com will raise an invoice for the course fees and any certification / exam fees before the start of the training. In the case of PO’s the client must pay any invoice within 30 days of the date on the invoice.
• 7) Online payment is the preferred method of payment. Recognised credit cards are Visa/Mastercard/Maestro.
• 8) Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared.
• 9) TrainMii.com reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
• 10) All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
• 11) Late payment may incur penalty charges including removal of any discounts.
• 12) TrainMii.com reserves the right to charge interest on late payments of invoices at a rate of 8% above the Bank of England’s base rate.

3) Cancellation Policy and Refunds

• 2) All cancellations must be received in writing.
• 3) If a student cannot access the course online via www.TrainMii.com because they fail to meet the required system requirements given on the website, then TrainMii.com will not take responsibility or give a refund to the purchaser.
• 4) The start date of all memberships and access is deemed to be the date that the student first has access to the self-study materials. TrainMii.com will make one attempt to warn the student when this access/ membership period has ended. After this attempt TrainMii.com can no longer guarantee access to the course or that certification will be possible.
• funds-Online Course  Logging into your e-learning account indicates acceptance that your training (and our performance of the contract) is deemed to have begun and that you agree that if you cancel within the 14 day cancellation period we are still entitled to charge you for services we have provided from the date you were able to access the training until the point at which you cancel.   Please see our cancellation rights policy for more information about returns and refunds. Refunds of all sums paid by a learner to TrainMii are given to learners who request a refund within 14 days of receiving their registration details and who have not logged on to either the e-learning site. account.Refund ProcedureIf your place has been paid for by a company or sponsor or you have received help to pay for the course you must check your company or sponsor’s conditions of funding before cancelling your course.  Any queries you may have in relation to the terms of sponsorship should be addressed directly to your funder.You may cancel your course (following the above criteria) by writing to TrainMii.com (directmii ltd, laird Health and Business cnt,320 Laird steet, Birkenhead, Merseyside CH41 8ER or by emailing Info@trainmii.com and your liability to us shall be limited to payment to us of all costs we reasonably incur until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these terms you shall have no liability to us for it.

4) e-Learning Materials

• 2) The training material is property of TrainMii.com.
• 3) This training material has been prepared, maintained, updated and distributed by TrainMii.com
• 4) The use of the training material on our courses is restricted to the Registered User who has been supplied with the log in details by a Training Services Provider as part of an authorised course.
• 5) The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by TrainMii.com other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
• 6) The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
• 7) The materials made available by TrainMii.com are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
• 8) TrainMii.com does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
• 9) TrainMii.com may make improvements, or changes, to this material at any time without prior notification.
• 10) “DirectMii ltd”, InformMii and TrainMii are trademarks of DirectMii in the UK and other countries. All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorised use is prohibited.
• 11) All rights not expressly granted herein are reserved.
• 12) These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
• 13) If you do not agree with these Terms and Conditions you must cease to use the e-learning immediately.
• 5) Certification, endorse by our contents partners and Sir Bert Massie

6) Access to the courses

• 2) TrainMii.com strives to provide the course content to its Students on a continuous basis. To that end, TrainMii.com will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its Students. However, from time to time, students may be unable to Access the courses due to conditions beyond TrainMii.com’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its Students, TrainMii.com will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
• 3) TrainMii.com endeavours to provide the highest quality content to its Students. To that end, G TrainMii.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
• 4) Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

7) Third Party Content; Hyperlinks

• 2) TrainMii.com makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, TrainMii.com does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
• 3) Copyrights, Trademarks and Other Proprietary Rights.
• 4) TrainMii.com or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by TrainMii.com.
• 5) 8.2 Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of TrainMii.com, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of TrainMii.com intellectual property.

8) Disclaimers and Limitation of Liability

• 2) Users access this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. TrainMii.com does not warrant any particular result from use of the software or site. TrainMii.com does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
• 3) Under no circumstances and under no legal theory (tort, contract or otherwise) shall TrainMii.com or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
• 4) Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount TrainMii.com received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
• 5) In no event will TrainMii.com be liable for any damages in excess of the amount TrainMii.com received from the student for access to a course, even if TrainMii.com have been informed of the possibility of such damages, or for any claim by any other party.
• 6) In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
• 7) This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of TrainMii.com, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. TrainMii.com is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.

To register with the TrainMii.com website you must be 18 years of age or over and must provide a valid email address and accurate information about yourself. At our discretion we may refuse a username if it is inappropriate for any reason, e.g. a trademark or is offensive. If we notice that any information given by you is untrue or inaccurate we have the right to delete your registration without notice, at any time.

You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organisation you must be authorised to represent that organisation. If you find that there has been unauthorised use of your account you agree to notify TrainMii.com immediately.

You must not interfere or disorder any aspect of the TrainMii.com website and ecommerce system. In agreeing to these terms and conditions you agree to:

• Treat other users of the TrainMii.com website with respect and courtesy, ensuring that your use complies with their legal rights
• Keep information provided by, or on behalf of TrainMii.com in your possession and not supply it to any third party

In agreeing to these terms and conditions you understand that TrainMii.com does not own, control, quality assure accuracy of content or endorse products for sale.  TrainMii.com disclaims all responsibility and liability for the information and products displayed on and sold through the website, including  accuracy, legality, content and reliability.

As TrainMii.com does not buy or sell the seller’s products, both buyers and sellers understand and agree that if disputes arise between them that TrainMii.com is not responsible or liable for any losses, claims, damages, costs or demands of any kind, known and unknown, suspected and unsuspected, disclosed and undisclosed arising from such disputes.

Users of the site understand and agree that any feedback and ratings they post to the TrainMii.com website will be publicly available for viewing. TrainMii.com is not responsible for monitoring, checking or editing the feedback or ratings posted on the website and is not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and TrainMii.com will investigate the claim. It will be at the discretion of TrainMii.com as to whether the feedback should be removed.

Links to external websites on the TrainMii.com site are not under the control of TrainMii.com and therefore the content and operation of such linked sites are not their responsibility.

If you are a consumer, please note that you waive your right to a refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2015 if you access an online product or download a downloadable product. Up until this point, and within fourteen days of making your purchase, you may cancel your purchase by contacting us in writing and we will issue a full refund. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

DATA PRIVACY POLICY

Trainmii.com (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.trainmii.com you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is DirectMii ltd, laird health and business centre, 320 laid street, Birkenhead Merseyside CH41 8ER

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you: Information you give us. You may give us information about you by filling in forms on our site www.trainmii.com (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an enquiry on our site and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number and personal description.

Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

• technical information, including Internet protocol (IP) address used to connect your computer to the Internet, your login information browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
• information about your visit, including the Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer services number.

Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and we may receive information about you from them.

COOKIES

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. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when you browse our website and allows us to improve our site.

The cookies we use are required for the operation of our website. They include, for example, cookie that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services, Analytical/performance cookies allowing us to recognise and count the number of visitors and to see how visitors move around our site 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. This enables us to personalise our content for you, greet you by name and remember your preferences and Targeting cookies which record your visit to or website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on 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.

Except for essential cookies, all cookies will expire after 30 days.

By continuing to browse our site, you are agreeing to our use of cookies.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

Information you give to us. We will use this information:

• to carry out our obligations arising from any contract entered into between you and us and to provide you with the information, products and services that you request from us;
• to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
• to provide you, or permit selected third parties to provide you, with information about goods or services we feel may be of interest to you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to do this.
• to notify you about changes to our service;
• to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

• to administer our sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
• to improve our site to ensure that content is presented in the most effective manner for you and your computer;
• to allow you to participate in interactive features of our service, when you choose to do so; as part of our efforts to keep our site safe and secure; to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
• to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

Information we receive from sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

DISCLOSURE OF YOUR INFORMATION

We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
• Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others.
• Analytics and search engine providers that assist us in the improvement and optimisation of our site. We may disclose your personal information to third parties:
• In the event that we sell or buy any business or asset, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
• If Directmii ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or Terms and Conditions of Sale and any other agreements; or to protect the rights, property, or safety of Anthony Rice consultancy, our customers, or others. This includes exchanging information with other companies and organisations for the purpose of fraud protection and credit risk reduction.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at tony@trainmii.com

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right to access can be exercised in accordance with the Act. Any access requests may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to C/O anthony Rice consultany. tony@trainmii.com
 

Updated 1st may 2019