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Terms and conditions

LAST AMENDED May 2021

 

TB-ED terms and conditions

TB-Ed is an online training and education platform (the “Platform”) provided by The Thoroughbred Breeders’ Association, of Stanstead House, 8, The Avenue, Newmarket, Suffolk, CB8 9AA (“the TBA”). The Platform hosts e-learning courses and resources (“Content”) which users can access on-demand.

These Terms and Conditions apply to you if you use the Platform, including to access free Content. The TBA will ask for your express agreement to these Terms and Conditions when purchasing Content. Any personal information you provide to the TBA will be treated with care and confidentiality, as further described in the TB-Ed Privacy Policy, available here.

General: These terms and conditions apply to all users of Content, including free Content. 

Accessing Free Content: To get access to free content you will be asked to create an account and log in, after which you can just click and play.

Purchasing Access to Content: To get access to paid for Content, you must create an account and log-in to complete the purchase process on the TB-Ed website (www.tb-ed.co.uk). Your booking will be confirmed by email to the email address you provide.

Payment and Fees: TBA Members and Associates receive a discount on Content fees. If you would like to become a member or associate of the TBA, please ­click here.

Content fees are payable in advance. Fees are quoted inclusive of VAT. We may change the fees advertised on the TB-Ed website at any time. We will send a tax invoice to the email address you provide when we confirm the booking.

User Access: Provided always that payment of the Content fee has been made in full, you will receive an email containing your e- learning Content access details. Single user licenses permit single delegate access only to the Content.

The copying and/or distribution of any Content (including free Content) is not permitted without the express written prior consent of the TBA. You consent to the TBA monitoring usage of the Platform to ensure that Content access has not been distributed and/or provided contrary to these Terms and Conditions. 

Free Content:  Free Content will be made available on the Platform at the TBA’s discretion. 

Removal of Content: The TBA reserves the right to remove Content at any time.

Substitutions: Your access to the Content is personal to you. Please do not allow anyone else to access the Content using your account or link. If you would like to cancel your purchase, please see “cancellations and refunds” below.

CPD Hours: Where applicable, subject to satisfactory completion of the Content, you will be able to download a certificate of completion. 

Cancellations & Refunds: All cancellations for Content must be in writing to [email protected]. You may cancel within 14 days of the booking date for a full refund provided always that your Content has not been accessed during that time. Once you access the Content, you lose the right to cancel.

Technical: It is your responsibility to ensure that our Platform technology is compatible with your systems and devices. The TBA is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. You acknowledge that the TBA is not liable or responsible for any delay, disruption or disturbance in the operation of the internet. Similarly, you acknowledge that 24-hour access to our Platform may be interrupted due to telecommunications failures which are beyond the control of the TBA and/or downtime for repairs, maintenance and upgrading. 

Technical Support: Email support is available between the hours of 9.00am and 5.00pm, Monday to Friday (excluding public holidays). Requests for support should be sent by email to [email protected] and we will respond as soon as reasonably practicable.

Copyright: Subject to the “Downloads” paragraph below, copyright and all intellectual property rights in Content, materials, logos, graphics and the Platform are vested in the TBA and/or our presenters and no part may be copied or reproduced in any way without the prior written consent of the TBA. Please do not attempt to remove any copyright notices in any materials.

Downloads: Some Content may be available to download. The TBA grants a worldwide, revocable, non-exclusive and non-transferable licence for Content users to:  (a) download a copy of each of the downloads; (b) store and view a copy of each of the downloads on a device; and (c) print a copy of each of the downloads solely for the user’s own learning purposes.

It is specifically prohibited to: (a) re-distribute or make commercial use of any downloaded Content including by competing with the TBA; (b) edit or modify any part of the downloaded Content; (c) use the downloaded Content in any way that is unlawful or in breach of any person's legal rights under any applicable law.

Disclaimer: To the maximum extent permitted by applicable law, no warranties or representations will be implied into these Terms and Conditions.

Limitation of Liability: Content is prepared solely for training purposes. Presenters, authors and the TBA will not accept responsibility for loss howsoever occasioned to any person or persons arising from any Content, including but not limited to:  (a) liability for any loss or corruption of any data, database or software; and (b) special, indirect or consequential loss or damage. Nothing in these Terms and Conditions shall: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

The aggregate liability of the TBA under these Terms and Conditions shall not exceed the total amount paid to the TBA by the user for the Content which is the subject of the claim.

Contact: The TBA will contact you using the contact details you supply when making your purchase, please make sure they are correct. If you need to contact the TBA about TB-Ed, please email: [email protected]; or call 01638 661321. For technical questions, please email [email protected].  

Subcontracting:  The TBA may subcontract any of its obligations under these Terms and Conditions.

General: A person who is not a party to these Terms and Conditions shall have no rights under the Contract (Rights of Third Parties) Act 1999 to enforce any of its terms.

These Terms and Conditions shall be subject to English law and any dispute and/or difference shall be determined by proceedings in the English courts.

If any provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of these Terms and Conditions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).