Terms

The jargon

In these Terms and Conditions, we have given specific meanings to the following words:

“Customer” “you” and “your” means the individual or organisation which is named as our customer when signing up for a flick subscription and who is contracting with flick under these Terms and Conditions, which shall, where the context permits, include the Customer’s directors, officers, employees, agents or authorised personnel;

“Account” means a current subscription to The Service;

“Terms and Conditions” mean these terms and conditions found at https://www.flicklearning.com/terms as may be amended or varied from time to time as explained below;

“us” ”we” and “our” refers to Flick Learning Limited, a company registered in England with registered number 9070577 and having its registered office at Fargo Studios, 54 Grafton Street, Coventry, CV1 2HW (“flick”);

“your Data” means any user details, imagery, text or organisational information or other files entered or uploaded by you while using The Service.

 

These terms and conditions

Acceptance of Terms: This website is provided by flick, which provides The Service subject to the following Terms and Conditions, which may be updated by us from time to time without notice to you. By using this website and/or by applying for an Account you are indicating your acceptance of these Terms and Conditions.

Additional items: In addition to these Terms and Conditions, you will also be subject to any guidelines, pricing or other rules applicable to The Service, which is posted on our website from time to time. All such guidelines, pricing and rules are automatically incorporated by reference into these Terms and Conditions.

 

The service

The Service is subscription-based access to online e-learning courses and quick reference guides (known as quick flick guides). The Service provides our Customers with access to all of these course and quick flick guides through our website or app. The Service is continually changing and is described in more detail on our website.

 

Creating an account

In order to use The Service, you must apply via our website for an Account.

If you are applying on behalf of your business, please ensure you name the correct entity (sole trader, LLP, limited company, school, charity or PLC etc) as the ‘Customer’, the contract will be formed between the named Customer and flick. You must only apply for an Account in the name of a Customer with the express authority of that person or entity. A binding contract is formed between flick and the Customer when we email confirmation of your Account. These Terms and Conditions shall govern the agreement between flick and the Customer.

We reserve the right, at our discretion, not to accept an application to create an Account. This may be for any reason. No charge will be made by us for declined applications.

 

Accessing and using your account

  • Once your Account has been created, we will issue you with a username and password.
  • Unless permitted below, the Customer may not permit any third party to access or use their Account.
  • You are encouraged to secure your account with a strong password consisting of letters, numbers and special characters.
  • The Customer may create additional users within the Account on behalf of individuals within their Organisation. (Some subscription packages may have limitations on the number of additional users which can be added - please check our website for details.)
  • You can upgrade your Account at any time by applying online and by paying any further applicable fees.
  • Whilst your account is active you and all users within your organisation will have access to all courses, all extra resources and all certificates of completed courses. 

 

Please note: once your subscription has expired, no access will be given to any user (including the account administrator) to completed certificates or reports.

 

Your rights

Your rights: From our confirmation of the creation of an Account, we grant the Customer and its authorised personnel a non-transferable, non-exclusive licence to access and use The Service in accordance with these Terms and Conditions for the duration of the Account.

Conditions: The above licence is strictly subject to compliance with these Terms and Conditions by the Customer and its authorised personnel. Access to The Service may be suspended at any time for reasonable cause.

 

Your obligations

You must:

  • only use The Service for the Customer’s own business purposes;
  • only use The Service for legal purposes in accordance with honest trade practises;
  • use reasonable endeavours to maintain the security of all log in details for the Account;
  • only attempt to access The Service using the authorised log in details of the Customer;
  • comply with our reasonable requests and directions as to your use of The Service notified to you from time to time; and
  • take full responsibility for the compliance with these Terms and Conditions by anyone accessing The Service using your Account, including your authorised personnel.

You must not:

  • do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website and systems generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
  • use The Service to infringe any third party intellectual property rights;
  • infringe, challenge or dispute our ownership of the intellectual property rights in The Service; or
  • seek to provide The Service to any third party in any way not expressly permitted by your Account.

 

Security

The Customer is ultimately responsible for administering and safeguarding any log in details and passwords created to control access to its Account. Please keep any such details secure. Please let us know immediately if you think that there has been any unauthorised attempt to access The Service without permission.

 

Free Trials and Demos

Free trials: No charge for use of The Service will be made during any free trial period. The Customer is not however entitled to benefit from more than one free trial. If the Customer requires more time on their free trial, they may request an extension by making contact with our office.  Any extension will be granted following discussions with one of our Client Champions.  We aim to accommodate all requests for extensions, whilst reserving our rights to decline.

If we discover that more than one free trial has been requested, we reserve the right to charge you for all use of The Service made after the first free trial period. We may withdraw any free trial services at any time without notice.

Demos: No charge for use of The Service will be made during any demo access. The Customer is entitled to benefit from as many demos as they wish.

Please note: Customers who sign up for a free demo/have access to a free trial are giving consent to be sent marketing material from flick learning ltd, and to being adding to the flick newsletter ‘flick-feed’.

 

Paying for the service

Subscription fees: After any ‘free trial’ period is over, a subscription fee for use of The Service is payable monthly or annually in advance by the Customer, depending on the subscription you choose. The current pricing is advertised on our website and we may vary this from time to time.

Changes posted on our website shall take effect for you from the next time you start a new instance of The Service i.e. you will only be subject to price increases if you cancel your current subscription.

How payments are made: We use a third party [eg GoCardless and Directli] to manage Customer subscription transactions.  Payments are arranged using Direct Debit.  We may, at our discretion, agree to raise an invoice for you instead and, where we do, payment will need to be made by you before your Account will be activated.

In the event that an invoice remains unpaid, commercial interest will be charged on a daily basis, at 8% above the prevailing base rate of the Bank of England, at the time of interest being claimed. In the event of 'Statutory Interest' being higher than 8% over base, the higher rate will prevail.

Term of subscription: We will continue to supply the Customer’s subscription and take further payment using the credit or debit card details provided to us or updated by you and/or invoice you every year thereafter until your Account is closed.  GoCardless will notify you before taking payments in accordance with the prevailing terms and conditions of the Direct Debit scheme.

VAT: Prices on our website are quoted in UK pounds Sterling and exclude VAT, which is also payable.

Non-payment: We shall be under no obligation to provide The Service if the subscription fee (plus VAT) is not paid to us on time.

The Customer must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Customer, its business address, and a billing contact email address. If subscription fees become overdue, because for example the Customer’s credit card has expired, we reserve the right to suspend your access to The Service until the balance is paid and/or we may close your Account permanently without notice.  If The Service is suspended, only your Tenant Administrator will be able to access their account so they may rectify the payment error.

 

If buying through Reed online

You have the right to cancel this course within 14 days from the day after the receipt of the Materials. If you choose to cancel within this period you will receive a refund of the Price within 30 days.

The right of cancellation will not apply if: You have accessed any online learning or Materials prior to cancellation. You must not log into the online student learning portal and/or start your course if you wish to receive a refund.

 

Your data

Rights in your Data: You have sole responsibility for the accuracy and reliability of your Data. You retain ownership and/or control of any copyright, trade marks, database rights and any other intellectual property rights in your Data.

When uploading results from a previous training providers onto The System, flick will not validate your results and does not warrant the accuracy of the information you submit.

Intellectual property ownership in your Data will not be transferred to us.

We will only use your Data to the extent necessary to provide The Service, except that we reserve the right to disclose your Data to law enforcement and/or regulatory officials in the investigation and/or determination of alleged unlawful activities and legal disputes.

You warrant that you have the rights to use your Data online via The Service.

You take full responsibility for your Data and indemnify flick against any claims relating to breach of third party rights caused by such use of your Data, breach of any law or regulation or other legal rights as a result of the nature or use of your Data, or any other associated claim. flick reserves the right to remove your Data from our servers in the event of the above claims, threatened, alleged or issued, or for any other reasonable cause.

All flick data is backed up in the evening with encrypted copies of the backup data provided to multiple secure locations. Backed up data is stored for a maximum of 12 months after initial backup date.  We will be able to recover daily snapshots to a maximum of 14 days in the past.

Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms and Conditions shall transfer any ownership rights to the Customer or any third party.

Third party features: All copyright, database rights, trade marks and other intellectual property rights in any external data sources or embedded third party services used in The Service are the intellectual property of the relevant third party provider.

 

Closing an account

Cancellation by you: You may close your Account at any time by accessing The Service. No further subscription fees will be billed and no refund will be made of any subscription fees already billed and paid except at our discretion. If you later decide to subscribe to The Service, your Service will be billed at the subscription fee displayed on flicklearning.com on the day you start the subscription.

Please note: you may not cancel your subscription within the first 14 days of your access, or, until first payment have been received by flick learning ltd. If your account is cancelled before payment is received, you will be notified by flick learning ltd and be given 7 days to make payment. If you do not comply, legal action may be taken.  

If you cancel your Account, The Service and your Data will remain accessible by you until the subscription period that you have already paid for expires, after which your Account will be locked and your Data shall no longer be publicly accessible via The Service.

Suspension and closure by us in the event of a problem: If you, or any other user of your Account, fails to abide by these Terms and Conditions, or if the subscription fees are not paid on time, we reserve the right to suspend your access to The Service and/or permanently cancel your Account. If we withdraw access to The Service because these Terms and Conditions have been breached, no refund will be payable by us.

Non-fault closure by us: In addition to our other rights under these Terms and Conditions, we also reserve the right to close any Account (including during any free trial period) for any reason by giving one months’ notice and refunding any unused subscription fees on a pro-rata basis.

30-day money back guarantee: If the subscription you have paid for doesn’t completely fulfil any inspection or legal requirements, email us describing why it fell short of expectation and we will issue you a full refund.

 

Disclaimer

This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Customer to compensate us for any loss we suffer as a result of your failure to comply with these Terms and Conditions.

  • Availability: We will use commercially reasonable efforts to make The Service available 24 hours a day, 7 days a week, except for:
    • planned downtime or maintenance (which we shall try to keep to a minimum and give at least 8 hours electronic notice, and which we shall schedule to the extent practicable during Saturday and Sunday British Standard Time); and
    • any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem (other than one involving our employees), Internet service provider (or other Third-Party) failure or delay, or denial of service attack
  • No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service.
  • The Customer will review all training in advance of inviting users to complete training.  The Customer will warrant that the training is suitable for their organisation and meets their requirements.  If a Customer would like a custom course to suit specific training requirements, flick will customise any course or create a new course for an additional fee.  Once created, the course(s) will be available exclusively for that Customer.  
  • Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)
  • Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Customer has paid to us in the previous month.
  • Liability to us: The Customer shall be solely responsible for any content published via its Account. The Customer shall be held liable for any reasonable costs and expenses incurred by flick as a result of a breach of these Terms and Conditions by you or anyone accessing your Account with your permission.
  • Third party rights: No person other than flick and the Customer shall have any rights to enforce these Terms and Conditions. No third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

 

General legal matters

Entire agreement: These Terms and Conditions, the Terms of Use and our Privacy Policy describe the entire agreement between you, the Customer and us regarding The Service, and supercede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms and Conditions.

Changes to this contract: We reserve the right to change these Terms and Conditions as specified above from time to time. Changes to these Terms and Conditions will be posted here on our website and will be effective immediately except for changes to fees, which shall become effective from your next billing cycle as specified above. Therefore, you should regularly review this page to check for changes in these Terms and Conditions. Any continued use of The Service will be deemed to constitute acceptance by the Customer of all of the new terms. These Terms and Conditions may not otherwise be changed without our written consent.

Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms and Conditions to another party. The Customer may not transfer any of your rights or obligations under these Terms and Conditions without our written consent.

Waiver and severability: If either you or we ignore any breach of these Terms and Conditions, it shall not mean that any further breach cannot be enforced. Similarly, if any part of these Terms and Conditions is held to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of these Terms and Conditions will still be binding.

Resolving disputes: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of England and Wales. If any party wants to take court proceedings in relation to The Service, it must do so in the courts of England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.

We last updated this page and its content for you on 22nd June 2017.

Flick Learning Ltd

Fargo Studios, 54 Grafton Street, Coventry, West Midlands, CV1 2HW. Copyright 2017 All Rights Reserved. Company No. 09270577