Terms & Conditions

This page contains the Terms & Conditions of use for farmIQ

TERMS AND CONDITIONS OF WEBSITE USE

This website is owned and operated by Westpoint Veterinary Group (otherwise referred to as ”we”, “our” or ”us”), a company limited by shares that is registered in England and Wales with the company number SC437333 and the registered office address of 133 Finnieston Street, Glasgow, G3 8HB.

Please read these terms carefully before using our website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use our website.

Purchase of Services

Any purchase of services you make via our website will be governed by our Terms and Conditions of Sale.

Access

We reserve the right to remove access to this website in respect of anyone who does not comply with the terms set out herein.

Content

Unless stated otherwise, the intellectual property rights and copyrights for all material displayed on our website (and contained in the online courses and materials accessed via our website) are owned by us or our licensors. You may download and print extracts from our website (or from the online courses accessed through our website) for your own personal, non-commercial purposes. You should not use any extracts from our website for any other purposes. Any rights not expressly granted in these terms and conditions are reserved.

No part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission. Any rights not expressly granted in these terms are reserved. With the exception of the online courses and associated material (which is dealt with in our Terms and Conditions of Sale), the material on our website is provided on an “as is” basis, without any conditions, warranties or other terms of any kind. To the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have an effect with respects to our website.

Third Party Websites

Links to third party websites on our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to by our website, you do so entirely at your own risk.

Availability

We try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason) we shall not be liable.

Visitor Material and Conduct

Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from our website any material that is threatening, defamatory, obscene, or similar. You must have obtained all necessary licences and/or approvals before submitting any information. We reserve the right to remove any material from its website that it considers inappropriate or unsuitable.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting inappropriate material.

Registration

To participate in online courses via our website you will need to register with us. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

Information you provide to us during your registration will be dealt with in line with our Privacy Policy.

Data Protection

For full details on how your personal information will be handled and processed by us, click here to read out Privacy Policy

Liability

Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility (including without limitation in respect of negligence) from any amount or kind of loss or damage arising out of or in connection with your use of this website.

We do not exclude or attempt to limit in any way our liability:

• for personal injury or death resulting from our negligence;

• for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or

• for fraud or fraudulent misrepresentation.

Subject to the exclusions/limitations set out above, we shall not be liable to you for any:

• indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts,

• loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

General

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time that you access our website. If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

These terms and conditions (including in relation to any non-contractual obligations) shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF SALE

These terms and conditions apply to all orders you, the customer (“you”), place with us via this website and constitute the entire and only agreement between us. Please read these terms and conditions carefully before ordering any of the online courses and other services displayed on our website (“Services”). You should understand that by ordering any of the Services displayed on our website, you agree to be bound by these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from our website.

Use of our Website

Your use of our site is governed by our Terms and Conditions of Website Use. Please take the time to read these, as they include important terms which apply to you. We reserve the right to remove access to this website (and the Services) in respect of anyone who does not comply with the above terms of use. In such circumstances no refund shall be made in respect of Services that are no longer accessible.

Purchasing a course

You may purchase one of our course through this website in relation to the Services sold on our website. Select the course(s) that you wish to purchase by adding them to your basket. Once you have completed this action, proceed to checkout and complete the purchasing process. Our order process allows you to check and amend any errors before submitting payment. Please take the time to read and check your order at each page of the order process. All orders are subject to availability and we reserve the right to reject any order for any reason. If we reject an order (for whatever reason) we will inform you as soon as possible.

Description

All descriptions, specifications, advertising, and overview information displayed on our website in relation to the Services are issued or published for the sole purpose of giving an approximate idea of the Services to be provided. They will not form part of the contract between us. The Services delivered may differ in non-material respects from the information provided on our website.

We may make any change to the specification or design of the Services which are required to conform with any applicable safety, statutory or regulatory requirement, or do not materially reduce their quality.

Price of the Services

The price(s) of the Services are displayed on our website at the time you place your order. Unless stated otherwise, all prices stated on our website are exclusive of value added tax.

All prices are subject to change without prior notice.

Our website contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on our website may be incorrectly priced. We will not be obliged to supply the Services at the incorrect price, even if we have accepted your order.

Payment

We must receive payment in full for all the Services you order before your order can be processed. Payment for the Services will be taken through our third party payment provider (as we shall nominate from time to time). Payment will be received by us upon confirmation from such provider that the transaction has been completed.

Cancellation

You may cancel any order for Services (or part thereof) and receive a refund in respect of such at any time before such Services (or part thereof) are accessed. You will not be able to cancel an order for any part of the Services once they have been accessed. If you do not access the Services during the twelve (12) months following the date on which they were ordered, we reserve the right to cancel the order and withdraw your access to such Services. You will not receive a refund if the order is cancelled as described in this paragraph.

The Services will be deemed to have been “accessed” when the relevant online course is commenced or any associated materials are loaded or viewed by someone utilising your account.

Data Protection

For full details on how your personal information will be handled and processed by us, click here to read out Privacy Policy

Liability

Save to the extent permitted by law, we (and any of our group companies and the officers, directors, employees, shareholders, sub-contractors or agents of any of them) exclude all liability and responsibility from any amount or kind of loss or damage arising out of or in connection with your use of the Services. We do not exclude or attempt to limit in any way our liability:

• For personal injury or death resulting from our negligence;

• for any matter for which it would be illegal for us to exclude or to attempt to exclude our liability; or

• for fraud or fraudulent misrepresentation.

Subject to the exclusions/limitations set out above, we shall not be liable to you for any:

• Indirect or consequential loss or damage of any nature whatsoever arising and whether caused in tort (including negligence), breach of contract or otherwise (even if foreseeable), any loss of income or revenue, loss of business, loss of profit of contracts,

• loss of anticipated savings, wasted third party costs, and/or loss of data, management or office time.

We will perform and deliver the Services with reasonable care and skill. We do not give any other representation, warranty or undertaking in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these terms 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 Services are suitable for your purposes and do not guarantee any specific results from participating in the online learning courses.

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 order 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 server failures, software failures, strikes, lock-outs 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 or other natural disaster, or failure of public or private telecommunications networks.

Our Right to Vary These Terms

We may revise these terms from time to time in the following circumstances:

• Changes in how we accept payment from you;

• changes in relevant laws and regulatory requirements; or

• any other changes to our operating or delivery processes.

Every time you order Services from us, the terms in force at that time will apply to the contract between you and us.

General

We will try to ensure that our website is always available for you. In the event that our website is unavailable at any time and for any period (for whatever reason) we shall not be liable even if this means you cannot access the Services during that period. If any provision within these terms and conditions is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.

Service Level

For the delivery of online learning via farmIQ’s Learning Management System (LMS)

What you can expect from us:

Dedicated learner support, based at our offices in Warnham, West Sussex, who can provide help and information on farmIQ products.

Telephone, email and system support available between 9:00am and 5.30 pm Monday to Friday.

Email response within 24hours.

Two days’ notice will be given of any down-time to the System due to technical updates. Notices will be posted on the login page of the Learning Management System.

farmIQ eLearning products and services that comply with best practice in industry standards.

We take Data Protection very seriously and keep all data secure in line with the Data Protection Act 1998.

farmIQ reserve the right to amend this service level from time to time. Our latest version will be posted on farmIQ websites.

Thank you and enjoy your learning.