Terms and Conditions
1. Scope and acceptance of termsWelcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy and cookie policies govern Procuretrain’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. If you are entering into these terms and conditions on behalf of an employer or third party, you represent that you have authority to bind that entity to these terms and conditions.
The term ‘Procuretrain’ or ‘us’ or ‘we’ refers to the owner of the website who is Procuretrain Limited whose registered office is Homelea House, Faith Avenue, Quarriers Village, Bridge of Weir. Renfrewshire PA11 3TF. United Kingdom. Our company is registered in Scotland and the registration number is SC565952.
2. The servicesProcuretrain provides its services to you through its website, www.procuretrain.com, and the ‘Services‘ includes the following:
a) the Procuretrain website
b) the subscription to annual memberships
c) the on demand selection and use of videos and other material related to your account
d) any new features added to or augmenting the Service.
3. Subscription terms and payment(1) There are no free trial or trial periods, but you may watch any demo videos on the Procuretrain website.
(2) Procuretrain quotes prices and issues invoices in UK pounds (GBP), Euros (EUR) or US dollars (USD) only. Subscribers can select their appropriate currency which will be the currency shown on their invoice and must be paid.
(3) All Procuretrain subscriptions are named memberships and can only being used by one person. A user, as identified by a unique email address, agrees to keep the login information confidential and it is not allowed to share the account with other people.
(4) The paid memberships are billed immediately for the 12 months of the membership. The subscriber must pay in full or provide a purchase order before accessing the Procuretrain website.
(5) Any tax such as VAT or sales tax relevant to the country where the subscriber is located will be added to the membership fees in accordance with that country's tax regulations.
(6) If payment is not received by Procuretrain in the initial auto-renewal process the customer will be notified via email. As long as the payment is not received the user will not be able to access any video or other learning material from the Procuretrain website.
(7) Subscribers can upgrade their subscription to another plan at any time. There are no refunds for downgrades or cancellations of accounts before the pre-paid period has expired. If the customer upgrades during their pre-paid period, the difference for the remaining days of their billing month will be charged pro-rata at time of upgrade. Thereafter the customer will be charged the new price for each subsequent billing period.
(8) Procuretrain shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
(9) Procuretrain reserves the right to implement price changes with 30 days’ notice to the customer. Subscribers on annual accounts will be charged the agreed amount for the full 12 months of their contract; thereafter the new price will take effect.
4. Your procuretrain accountA member account (“Account”) is the area in our website, which is accessible via a password and contains personal information regarding the user. If you create an Account on the website, you are responsible for maintaining the security of your Account and fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify Procuretrain at email@example.com of any unauthorized uses of your Account or any other breaches of security. Procuretrain will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Registration of a member implies providing a valid e-mail address for the communication between Procuretrain and the member and a valid name.
5. Content usage(1) All accessible content is property of Procuretrain who prepared, developed, released and maintained it at own cost.
(2) Neither subscribers nor any other party is allowed to copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Procuretrain other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted. Furthermore, the subscriber shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
(3) The content and other learning material made available by Procuretrain 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.
(4) Procuretrain 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 subscriber’s responsibility.
(5) Procuretrain may make improvements, or changes, to this material at any time without prior notification.
(6) As a subscriber of Procuretrain you acknowledge that Procuretrain is the proprietor of the software and you do not have the right to adapt, hack, or reverse engineer the source code of the software.
(7) Every subscriber agrees to act within anti-spam policy guidelines for your country and shall not use Procuretrain to transmit unsolicited mail or messages.
6. Access(1) Procuretrain aims to provide the content to its subscribers on an ongoing basis. To that end, Procuretrain will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its subscribers. However, from time to time, subscribers may be unable to Access the courses due to conditions beyond Procuretrain’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.
(2) In response to any unavailability of the courses to Subscribers, Procuretrain will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time.
7. Renewal and cancellation policy(1) Memberships will be renewed automatically when the subscriber does not submit a cancellation note 30 days prior to the end of the membership.
(2) Cancellation can be done on the website of Procuretrain, under each subscriber’s personal settings, or by emailing a written request to firstname.lastname@example.org.
(3) As soon as the cancellation notification is fulfilled the subscriber will no longer have access to the application or its contents. Procuretrain reserves the right to delete the contents of all cancelled accounts.
8. Security, IP, unauthorised use and copyrights(1) In providing you the service Procuretrain shall maintain all administrative and technical safeguards to protect the security, confidentiality and integrity of your data.
(2) Procuretrain will only ever access your account upon your request for technical assistance. You will be asked to provide explicit consent each time an employee of Procuretrain needs to access your account. No employee of Procuretrain will access your account without prior permission; unless required to do so by law.
(3) Procuretrain shall maintain all rights, title and interest in our respective patents, inventions, copyrights, trademarks, domain names, and any other intellectual or property and/or proprietary rights. The rights granted to you to use the Service do not convey, by extension, any title to patents, inventions, copyrights, trademarks, domains name or any other intellectual property owned by Procuretrain.
(4) Any feedback, enhancement suggestions or recommendations received from you may be incorporated into the Procuretrain service: worldwide; royalty-free; in perpetuity; and to any other Procuretrain product(s) by transfer. You cannot claim any rights to these incorporations, either now or in the future.
(5) Unauthorised us of this website may give rise to a claim for damages and may be a criminal offence.
9. Third partiesTo deliver our service to you, Procuretrain may utilise third party services. Your acceptance of these services confirms your compliance with the terms and conditions of these third party services. Procuretrain is not responsible for, nor does it endorse, the governance of your rights by third party companies. Procuretrain is not liable for any damage or loss attributed to, or connected to, your access or the uptime of a third party’s services.
10. Disclaimer of warrantiesThe service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis, without any warranties of any kind. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. You acknowledge that Procuretrain does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from Procuretrain or through the service shall create any warranty not expressly stated in these terms.
11. Limitation of liabilityUnder no circumstances will either party to these terms, or such party’s affiliates or their respective officers, directors, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or other similar damages, including lost profits, lost sales or business, lost data, business interruption or any other loss incurred by such party in connection with these terms or the service, regardless of whether such party has been advised of the possibility of or could have foreseen such damages.
12. Indeminification(1) Procuretrain will indemnify and hold you harmless, from and against any claim against You by reason of Your use of the Service as permitted hereunder, brought by a third party alleging that the Service infringes a valid patent or copyright, or misappropriates a third party’s trade secret (such claims, collectively, “Claim”). Procuretrain shall, at its expense, defend such Claim and pay damages finally awarded against You in connection therewith, including the reasonable fees and expenses of the attorneys engaged by Procuretrain for such defence, provided that (i) You promptly notify Procuretrain of the threat or notice of such Claim, (ii) Procuretrain will have the sole and exclusive control and authority to select defence attorneys, defend and/or settle any such Claim, and (iii) You fully cooperate with Procuretrain in connection therewith. If Your use of the Service has become, or in Procuretrain‘s opinion is likely to become, the subject of any such Claim, Procuretrain may at its option and expense (a) procure for You the right to continue using the Service as set forth hereunder; (b) replace or modify the Service to make it non-infringing; or (c) if options (a) or (b) are not reasonably practicable, terminate these Terms and repay You any unused Service fees. Procuretrain will have no liability or obligation under this Section 12.1 with respect to any Claim if such claim is caused in whole or in part by
i) compliance with designs, data, instructions or specifications provided by You;
ii) modification of the Service by anyone other than Procuretrain; or
iii) ) the combination, operation or use of the Service with other hardware or software where the Service would not by itself be infringing.
(2) The provisions of this Section 12.1 state the sole, exclusive and entire liability of Procuretrain to You and constitute Your sole remedy with respect to a Claim brought by reason of Your permitted use of the Service.
(3) You agree to defend, indemnify, and hold harmless Procuretrain from and against any claims, actions or demands, including, without limitation, reasonable legal and professional services fees, arising or resulting from Your breach of these Terms, or Your and Your end users’ access to, use, misuse or illegal use of the Service. Procuretrain will provide You notice of any such claim, suit, or proceeding. Procuretrain reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, in which case You agree to cooperate with any reasonable requests to assist Procuretrain’s defense of such matter.
13. Assignment; entire agreement; revisionsEither party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify You of such changes and direct You to the latest version.
14. SeverabilityIf any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
15. Relationshop of the partiesThe parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship among the parties.
16. Governing law and dispute resolutionThis Agreement shall be governed by and construed in accordance with the law of Scotland.
17. No other rightsNo other rights or licenses are granted under this Agreement, by implication, statute or otherwise, except as expressly provided herein.
Bridge of Weir, 16 September 2017