Definitions within this terms of service agreement
A contract for The Service will be formed between you and us, once you have given us a signed, fully completed, contract. We will acknowledge receipt of this by email.
These terms and conditions govern the contract between you and us. Any changes/updates to the contract will be informed to you via email with the date it becomes binding. This will supersede your previous signed contract; a further signature will not be required.
If you apply for an Upskill Reskill account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.
If you become an Upskill Reskill Account Holder because you have been referred to us by someone else, your contract for the use of the Service will be with us directly.
To access and use The Service, an Upskill Reskill account must first be created. You register for an Upskill Reskill account by submitting your details using our website or by contacting us directly.
If you are opening an Upskill Reskill account because you have been referred to us by someone else, the account sign-up process will depend on the specific arrangements we have in place with that third party.
Refusal to create an account
We reserve the right, at our discretion, not to accept and/or process registrations for an Upskill Reskill account. This is at the sole discretion of HorizonAI. No charge will be made by us in such instances.
How to access the account
You will not be able to access and use The Service without a username and password for an Upskill Reskill account. There are two ways you can obtain these:
Your rights
If the organisation you represent is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.
Conditions
The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose Upskill Reskill account you are accessing and by all other users of that Upskill Reskill account.)
You must
You must not
Security
The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Upskill Reskill account: please keep any password issued to you secure.
Subscription Fees
A subscription fee for use of The Service is payable monthly by the Account Holder, promptly on a date to be agreed during account set up. Early payment discounts are available if you wish to pay in advance. Rates are communicated and shared with account holders. We reserve the right to vary these from time to time: please ask to see our pricing rate card for the rates in force for the current year. Any prices on our website or literature are quoted in UK pounds Sterling and exclude VAT. If you are a VAT paying organisation you will be required to pay additional fees covering VAT.
Free trials and beta trials
No charge for use of The Service will be made during any ‘free trial’ period or any ‘beta trial’ period. Account Holders will be liable for the payment of the subscription fee for all use of The Service made after any ‘free trial’ period ends. It is the responsibility of the Account Holder to cancel use of the platform prior to the end of any free trial period to avoid incurring subscription fees.
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 Account Holder must ensure that we have complete and accurate billing and contact information throughout the subscription period, including the full name of the Account Holder, its business address, and a billing contact email address. If subscription fees become overdue, we reserve the right to suspend your access to The Service until the balance is paid and we may close the Account Holder’s Upskill Reskill account permanently.
Rights in your data
The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trademarks, database rights and any other intellectual property rights it has in your Data. Intellectual property rights in your Data will not be transferred to us, and for the purposes of this contract the account holder is the data controller. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only process your Data for the exclusive purpose of delivering the service.
Rights in our software and our website
All copyright, database rights, trademarks, 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 of Service shall transfer any ownership rights to you or to the Account Holder.
Cancellation by you
Upskill reskill subscriptions are paid monthly and can be suspended or cancelled at any time. You can do this by contacting upskillreskill@horizonai.co.uk. No further subscription fees will be billed, and no refund will be made of any subscription fees already billed and paid.
Suspension and closure by us
If you (or any other user of the Account Holder’s Upskill Reskill account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s Upskill Reskill account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Upskill Reskill account (including during any ‘free trial’ or ‘beta trial’ period) for any reason, by giving one month’s notice. In such instances you will be refunded any monies prepaid by you covering the remainder of your licence term. We retain details about your Upskill Reskill account to allow us to reactivate it should you wish to, and to contact you again in the future for this and other purposes, for a maximum period of 5 years. To request the deletion of your account and data please email upskillreskill@horizonai.co.uk. We may maintain anonymised or aggregated data, including usage data, for analytics purposes.
IMPORTANT
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 Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.
No guarantees
We make no guarantee that The Service will be suitable for your intended use, nor 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. We will try to keep disruptions to a minimum, but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use.
Upskill Reskill is a platform that effectively communicates your training course provisions in context to an individual’s skill set and career interests and ambitions. As such it acts as a lead generation service. It is the Account Holder’s responsibility to act on any leads and turn them into new business. Upskill Reskill is not responsible in any way for the failure of new learner recruitment after the use of our platform, nor for any decrease in new learner recruitment by your organisation.
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 Account Holder has paid to us in the previous year.
Liability to us
If you access The Service using a password created to control access to the Account Holder’s Upskill Reskill account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.
Entire agreement
These Terms of Service and our Privacy Policy describe the entire agreement between you, the Account Holder and us regarding The Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms of Service.
Changes to this contract
We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted on our website and will be effective from the Account Holder’s next annual subscription. Therefore, you should regularly review this page to check for changes to these Terms of Service. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent. Any material changes will be communicated explicitly in advance.
Transfer of rights & obligations
We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.
Waiver and severability
If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out 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 the agreement will still be binding.
Resolving disputes
These Terms of Service shall be governed by and interpreted in accordance with English law. If any party wants to take court proceedings in relation to The Service, it must do so in England. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.
