CPD Webinars Terms and Conditions
1. Definitions
"Access code" means the code provided by Supplier to Customer which allows Users to access the Service.
"Access Period" means the period during which Customer is entitled to access the Service in accordance with Clause 3 below.
"Charges" means the fees payable by Customer for the Service in accordance with Clause 5 below.
"Individual Webinar Access" means access to view a single specified recorded or scheduled live Webinar for a period of three months
"Service" means the provision of a Webinar Subscription and/or Individual Webinar Access, and any related services offered by Supplier, including but not limited to transcripts, audio recordings and Tests.
"Subscription Renewal Date" means the date on which a Webinar Subscription is due to be renewed in accordance with Clause 7 below.
"Subscription Start Date" means the date on which the Access Code is supplied to Webinar Subscription Customers.
"Supplier" means Thomson Reuters (Professional) UK Limited – Legal Business, 100 Avenue Road, Swiss Cottage, London NW3 3PF (Company No. 1679046) Registered in England and Wales, Registered office: Aldgate House, 33 Aldgate High Street, London EC3N 1DL.
"Terms of Trading" means Supplier’s Terms of Trading available at www.sweetandmaxwell.co.uk.
"Test" means the multiple choice test available with each Webinar for Users to complete.
"User" means an employee or member of Customer’s organisation entitled to access the Service by virtue of Clause 2(1) below.
"Webinar" means a live or recorded online seminar, available to be viewed by Users remotely.
"Webinar Subscription" means a subscription for a specified period to receive access to view all recorded and scheduled Webinars within a certain subject area or areas, as specified on the Website.
"Website" means www.cpdwebinars.com
2. The Service
(1) Subject to these Terms and Conditions and the Terms of Trading, Supplier shall provide Users with the Service for the Access Period.
(2) Where there is a conflict between these Terms and Conditions and the Terms of Trading these Terms and Conditions shall prevail, but only to the extent of any such conflict.
3. Access to Service
(1) Upon acceptance of Customer’s order all employees or members of Customer’s organisation at a single workplace at the location specified by Customer at the time of placing the order shall be entitled to access the Service. Customer shall ensure that access is limited to employees or members in a single physical workplace in one geographical location. If Customer wishes to extend access to employees or members or at other offices/locations they must notify Supplier and a separate fee will be payable.
(2) Upon acceptance of Customer’s order Supplier will, as soon as reasonably practicable, send Customer the Access Code, by email to the email address provided by Customer. It is Customer’s responsibility to distribute the Access Code amongst Users. Customer shall not disclose the Access Code to any other person under any circumstances whatsoever, and it is the responsibility of Customer to ensure the confidentiality of the Access Code and to notify Supplier immediately on becoming aware of any unauthorised use thereof.
(3) Customers who purchase a Webinar Subscription shall be granted access to the Service from the Subscription Start Date until the Webinar Subscription is terminated in accordance with Clause 7 below.
(4) Customers who order Individual Webinar Access shall be granted access to the Service for a period of 3 months, commencing from:
(a) in the case of a previously recorded Webinar, on the date that the Access Code is supplied to Customer, or
(b) in the case of a Webinar scheduled to take place following the acceptance of the order, the date on which the Webinar takes place.
(5) Supplier may suspend or terminate access to the Service without notice if:
(a) any Charges or other payment due hereunder are unpaid for more than fourteen days after becoming due;
(b) the Customer commits a material breach or default of any term herein and in the case of a breach capable of remedy shall have failed to remedy it within 21 days of receiving notice of it;
(6) Supplier reserves the right to substitute speakers and/or Webinar topics for the advertised speaker and Webinar topic in its sole discretion. There will be no right to any refund or cancellation where Supplier has substituted a speaker. Where Supplier has substituted a Webinar topic Customers who have purchased Individual Webinar Access may cancel their order if they do not wish to view the Webinar as substituted, provided that they send this request to Supplier by email to cpd.webinars@thomsonreuters.com at least 24 hours prior to the date of the Webinar. Customer will not be charged or will be credited the price on the invoice (where Customer has already paid). For the avoidance of doubt, where an advertised Webinar topic is substituted for another topic Customers who are entitled to access the Webinar by virtue of a Webinar Subscription will not be entitled to cancel their order.
(7) Supplier reserves the right to remove any Webinar from the Service, at Supplier’s sole discretion. Where a Webinar is removed, Customer shall be entitled to receive a pro-rated refund in respect of any period that Customer cannot access the Webinar where they are entitled to do so by virtue of Individual Webinar Access. For the avoidance of doubt, no such refund will be payable to Customers who are entitled to access the Webinar by virtue of a Webinar Subscription.
(8) Supplier will make all reasonable efforts to ensure that Webinars take place on the advertised date and time. In the event that a Webinar does not take place as advertised it will be held at an alternative date/time at Supplier’s sole discretion. Customers who have purchased Individual Webinar Access may cancel their order if they do not wish to view the rescheduled Webinar, provided that they send this request to Supplier by email to cpd.webinars@thomsonreuters.com within 7 days of the original scheduled date of the Webinar. Customer will not be charged or will be credited the price on the invoice (where Customer has already paid). For the avoidance of doubt, where a Webinar is rescheduled Customers who are entitled to access the Webinar by virtue of a Webinar Subscription will not be entitled to cancel their order.
4. Continuing Professional Development
Supplier is accredited by the Solicitors Regulation Authority, the Association of Personal Injury Lawyers (APIL) and the Bar Standards Board to provide CPD.
(1) Users who are solicitors can claim:
(a) 2 accredited CPD hours when a live Webinar is viewed and the corresponding test passed; or
(b) 2 unaccredited CPD hours when a recorded Webinar is viewed and the corresponding test passed.
Supplier CPD SRA Reference is EBY/CPDW
(2) Users who are barristers can claim 2 accredited CPD hours when a live or recorded Webinar is viewed and the corresponding test passed.
(3) Users who are Personal Injury Lawyers can claim 2 CPD hours when an APIL accredited live or recorded Webinar is viewed and the corresponding test passed.
(4) Completion of a Test by a User is taken to constitute a representation by the User that he has personally viewed the relevant Webinar and undertaken the work required for the purposes of completing that Test.
(5) It is the responsibility of Users to ensure that they comply with the requirements of the relevant regulatory body in recording and claiming CPD hours.
5. Charges and Payment
(1) The Charges payable for a Webinar Subscription and/or Individual Webinar Access shall be as set out on the Website or as otherwise agreed in writing by the parties.
(2) Where Customer does not pay the Charges in full at the time of placing an order Supplier will send an invoice or a request for payment to Customer upon acceptance of Customer’s order.
(3) The Customer shall pay the Charges and any additional sums which are agreed between the Supplier and the Customer in full in cash or cleared funds within thirty (30) days of the date of invoice, or immediately upon receipt of a request for payment, as the case may be.
(4) Unless otherwise stated, all Charges made are inclusive of any applicable value added tax levied at the prevailing rate from time to time.
(5) Where the Customer intends to pay the Charges by payment card (debit or credit card), the Customer hereby authorises the Supplier to debit the said card with the sums due.
(6) Credit accounts are by application to the Supplier, are at the Supplier’s sole discretion
(7) All Telecoms charges incurred in the use of the Service are the responsibility of Customer.
6. Cancellation of Orders for Individual Webinar Access
(1) Customer may cancel an order for Individual Webinar Access by notifying Supplier by email to cpd.webinars@thomsonreuters.com , such notice to be received by Supplier at least seven days before the webinar.
(2) Subject to Customer complying with Clause 6(1) above, Customer will not be charged for the order or will be credited the price on the invoice (where Customer has already paid) and Supplier will charge a £50 administration fee (exclusive of VAT at the prevailing rate).
(3) The Clause 6 does not affect Customer’s right of cancellation under Clause 3(6) or 3(8) above.
7. Term and Termination of Webinar Subscriptions
(1) Webinar Subscriptions will be automatically renewed on an annual basis unless terminated by Customer in accordance with this clause 7.
(2) Supplier shall notify Customer of the Subscription Renewal Date at least thirty days prior to the Subscription Renewal Date.
(3) The Subscription Period shall be deemed to commence on the Subscription Start Date and thereafter shall continue for successive periods of twelve (12) months from the Subscription Renewal Date, or the anniversary or subsequent anniversaries of the Subscription Renewal Date.
(4) Supplier may terminate a Webinar Subscription by giving written notice to Customer of not less than 30 days prior to, and taking effect on, the Subscription Renewal Date or any anniversary of the Subscription Renewal Date.
(5) Subject to Clause 7(6) below, Customer may cancel a Webinar Subscription at any time by email to cpd.webinars@thomsonreuters.com but such termination shall not be effective until the next Subscription Renewal Date. Webinar Subscriptions may not otherwise be cancelled unless permitted otherwise by law or with prior written agreement of Supplier.
(6) Not less than 30 days prior to each Subscription Renewal Date but not before the notification of the Subscription Renewal Date as per Clause 7(2) above, Supplier will send Customer an invoice in respect of Charges payable for the next Subscription Period. If Customer wishes to terminate the Webinar Subscription with effect from the forthcoming Subscription Renewal Date Customer must inform Supplier within 30 days of the invoice date by email to cpd.webinars@thomsonreuters.com , otherwise Customer will be deemed to have agreed to pay the Charges in respect of the next Subscription Period in full.
8. Copyright
(1) All rights, title and interest in Webinars, audio and visual recordings and transcripts in all languages, formats and media throughout the World, including all copyrights, are and will continue to be the property of Supplier or its licensors, as the case may be.
(2) Customer shall promptly inform Supplier if Customer becomes aware of any unauthorised use of the Service or of the Service content, any actual, threatened, or suspected infringement of any intellectual property of Supplier or its licensors which comes to Customer's notice, and any claim by any third party coming to its notice that the Service infringes the intellectual property or other rights of any other Person.
9. Disclaimer of Warranties and Limitation of Liability
(1) Except as specifically provided in these Terms and Conditions, the Service is provided "as is" without warranty of any kind, express or implied, including but not limited to warranties of performance, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. It is the responsibility of Customer and/or Users to ensure that content is relevant for their training needs and/or CPD requirements.
(2) Some systems/software may not be capable of supporting the Service and Customer acknowledges (a) that it has made appropriate investigations into the necessary systems/software required to support Customer’s use of the Service and (b) that performance of the Service may vary with equipment and telecommunications links with which it is used. Supplier is not liable if Customer cannot view the Webinars due to firewalls, other hardware or software issues, or failure of any technology used by Customer. Supplier provides a free of charge demonstration Webinar on the Website, and it is Customer’s responsibility to check that the technology used works on Customer’s systems.
(3) Supplier shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the Service (whether or not caused by the negligence of Supplier).
(4) Supplier shall not be liable in contract, tort, delict or otherwise for any loss of revenue business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss whatsoever, howsoever arising suffered in connection with the Service (whether or not caused by the negligence of Supplier).
(5) Customer shall accept sole responsibility for the use of the Service by Customer or any User and Customer shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
(6) Customer's exclusive remedy and Supplier's entire liability if any, for any claim(s) for damages relating to the Service made against it, whether based in contract or negligence, shall be limited to the proportion of the Charges paid by Customer relative to the specific Webinar which is the basis of the claim(s) during the 12 month period preceding the event giving rise to such claim.
(7) None of these Terms and Conditions shall operate to:
(a) exclude or restrict liability for fraud or for death or personal injury resulting from the negligence of Supplier or the appointed agents or employees of Supplier whilst acting in the course of their employment; or
(b) affect statutory rights where Customer’s order is a consumer transaction (as defined by the Consumer Transaction (Restriction on Statements) Order 1975 as amended).
(8) Except for claims relating to the Charges or improper use of the Service, no claim regardless of form which in any way arises out of these terms and conditions or the use of, or inability to use, the Service, or Webinars may be made, nor action based upon such claim brought, by either party more than one year after the basis for the claim becomes known to the party desiring to assert it.
10. General
(1) Customer agrees that Supplier may monitor and record details of Customer’s and Users’ use of the Service, including but not limited to the number of computers and IP addresses accessing the Service and details of Tests completed by Users, and use such details for the purpose of reporting to accrediting bodies and for general management of the Service including but not limited to setting prices.
(2) Neither party may assign or otherwise transfer any rights or obligations under these Terms and Conditions without the prior written consent of the other, except that Supplier may assign rights and obligations to any company which is an Associated Company of Thomson Reuters. For the purposes of these Terms and Conditions “Associated Company” shall have the meaning attributed to that term in section 449 of the Corporation Tax Act 2010, as amended.
(3) Except as otherwise provided, all notices must be given in writing to the Supplier at: 100 Avenue Road, Swiss Cottage, London NW3 3PF and to the Customer at the address provided when placing their order.
(4) These Terms and Conditions will be governed by English Law and the English courts will have exclusive jurisdiction over any disputes arising under them.
(5) Where Customer is a body other than an individual the person signing or otherwise placing an order represents that he or she is authorised by Customer to sign it for and on behalf of Customer and to bind Customer.
(6) Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby.
(7) Failure of any party to enforce any provision of these Terms and Conditions will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
(8) Supplier shall not be responsible for any delay or failure to fulfil any of its obligations under these Terms and Conditions nor be liable for any loss or damage suffered or incurred by Customer by any Act of God, war, government or parliamentary restriction, import or export regulation, strike, lock out, trade dispute, fire, theft, flooding, breakdown of plant or premises, late or non delivery of any supplies or any other cause whatsoever beyond the control of Supplier.
(9) The headings and captions contained in these Terms and Conditions are inserted for convenience only and do not constitute a part of the Terms and Conditions.
TERMS & CONDITIONS