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Terms and Conditions

59ClubTraining Terms of Service

Welcome to 59ClubTraining. Please read these Terms of Service ("TOS") and Code of Conduct prior to registering for an account on 59ClubTraining.com or using any portion of the 59ClubTraining website or mobile applications (collectively, the "59ClubTraining Site,", including accessing any course material, discussion forums, or other electronic services. These TOS and the Code of Conduct that follows are agreements (the "Agreements") between you and 59Club Limited, owners of the 59ClubTraining Platform license. By using the 59ClubTraining Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. Please also read the Privacy Policy. The Privacy Policy describes how your personal data is collected and processed when you use the 59ClubTraining Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use this Site.

59Club reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the 59ClubTraining Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.

The Terms of Service are ordered as follows:

  • Rules for Online Conduct

  • Strictly Prohibited Items

  • User Accounts

  • Your Right to Use Content on The 59ClubTraining Site

  • User Postings

  • Certificates and Other Products & Services

  • Trademarks

  • Disclaimers of Warranty / Limitations of Liabilities

  • Indemnification

  • Additional Terms

RULES FOR ONLINE CONDUCT

You agree that you are responsible for your own use of the 59ClubTraining Site and for your User Postings. "User Postings" means all content submitted, posted, published, or distributed on the 59ClubTraining Site by you or other users of the 59ClubTraining Site, including but not limited to all forum posts, questions, comments, videos, and file uploads. You agree that you will use the 59ClubTraining Site in compliance with these Agreements, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence.

As a condition of your use of the 59ClubTraining Site, you will not use the 59ClubTraining Site in any manner intended to damage, disable, overburden, or impair any 59ClubTraining server or the network(s) connected to any 59ClubTraining server or to interfere with any other party's use and enjoyment of the 59ClubTraining Site. You may not attempt to gain unauthorised access to the 59ClubTraining Site, other accounts, computer systems, or networks connected to any 59ClubTraining server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the 59ClubTraining Site, its servers, or associated computers through any means not intentionally made available through the 59ClubTraining Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.

Furthermore, you agree not to scrape, or otherwise download in bulk, any 59ClubTraining Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the 59ClubTraining Site (although you are welcome to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

STRICTLY PROHIBITED ITEMS

The following items are strictly prohibited on the 59ClubTraining site:

  • Content that defames, harasses or threatens others;

  • Content that discusses illegal activities with the intent to commit them;

  • Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;

  • Profane, pornographic, obscene, indecent or unlawful content;

  • Advertising or any form of commercial solicitation;

  • Content related to partisan political activities;

  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and

  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the 59ClubTraining Site

USER ACCOUNTS

In order to create a user account, you must provide your full name, an email address, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g. your date of birth). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the 59ClubTraining Site.

YOUR RIGHT TO USE CONTENT ON THE 59CLUBTRAINING SITE

Unless indicated as being in the public domain, the content on the 59ClubTraining Site is protected by United Kingdom and foreign copyright laws. Unless otherwise expressly stated on the 59ClubTraining Site, the texts, assessments, video, images, and other instructional materials provided with the courses offered on the 59ClubTraining Site are for your personal use in connection with those courses only. We aim to make as much of the 59ClubTraining course content available under more open subscription terms that will help create a vibrant ecosystem of contributors and further 59ClubTraining's goal of making training and education accessible and affordable across the world.

Certain reference documents, articles, and other information on the 59ClubTraining Site are used with the permission of third parties and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the 59ClubTraining Site, you agree to abide by all such rules and conditions.

You agree to retain all copyright and other notices on any content you obtain from the 59ClubTraining Site. All rights in the 59ClubTraining Site and its content, if not expressly granted, are reserved.

USER POSTINGS

User Postings Representations and Warranties.
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to publish the User Postings and to authorise 59ClubTraining and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not 59ClubTraining, are solely responsible for your User Postings and the consequences of posting or publishing them.

License Grant to 59ClubTraining.
By submitting or distributing your User Postings, you hereby grant to 59ClubTraining a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License Grant to 59ClubTraining Users.
By submitting or distributing your User Postings, you hereby grant to each user of the 59ClubTraining Site a non-exclusive license to access and use your User Postings in connection with their use of the 59ClubTraining Site for their own personal purposes.

CERTIFICATES AND OTHER PRODUCTS & SERVICES

Generally.
From time to time, 59ClubTraining and its Partners who are providing courses and programs on the 59ClubTraining Site (collectively, the "Partners") may offer services and products for a fee (for example, course and program certificates). For anything that you choose to purchase on the 59ClubTraining Site, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment supplier, and you will be routed to a secure payment flow controlled by that supplier to complete the payment transaction. Once your payment transaction is completed, a 59ClubTraining confirmation page will be displayed, and you will receive a confirmation email with your order number and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from 59ClubTraining, as described below.

Certificates.
59ClubTraining may offer certificates of achievement for courses. Certificates may be issued by 59ClubTraining with the name of the underlying Partner whom with the course or program was developed. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of 59ClubTraining and its Partner.

Subject to the foregoing, you may be required to pay a fee for Verified Certificates.

Refunds.
Certificates and other purchases on the 59ClubTraining Site may be eligible for a refund for a period of time (in each case, the “Refund Period”). The applicable Refund Period for some products and services are described below. To request a refund for a purchase that you made, please email us at support@59ClubTraining.com and include your full name and course details in your email request. Refunds will be credited to the credit card used for the purchase and may take up to two billing cycles to process. If the applicable Refund Period for a purchase has passed, but you believe a refund is warranted, please email us at support@59ClubTraining.com.

No Other Enrolment.
You will not be an applicant for admission to, or enrolled in, any other credit-bearing program as a result of registering for or completing a course or program provided on 59ClubTraining. You will not be entitled to use any of the resources beyond the online courses or programs you have purchased on the 59ClubTraining Site.

TRADEMARKS

Use of 59ClubTraining Other Member Names, Trademarks, and Service Marks.
The "59ClubTraining” names, logos and seals are trademarks ("Trademarks") of 59Club Ltd. Likewise, the names, logos, and seals of the other Partners are Trademarks owned by the respective Partner. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.

All Trademarks not owned by 59ClubTraining or the Partners that appear on the 59ClubTraining Site or on or through the services made available on or through the 59ClubTraining Site, if any, are the property of their respective owners.

Nothing contained on the 59ClubTraining Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the 59ClubTraining Site without the written permission of the owner of the applicable Trademark.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

The 59ClubTraining site and any information, content or services made available on or through the 59ClubTraining site are provided "as is" and "as available" without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

59ClubTraining and the 59ClubTraining participants (as hereinafter defined) do not warrant that the 59ClubTraining site will operate in an uninterrupted or error-free manner, that the 59ClubTraining site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. 59ClubTraining and the 59ClubTraining partners also make no warranty about the accuracy, completeness, timeliness, or quality of the 59ClubTraining site or any courses or content, or that any particular courses or content will continue to be made available. “59ClubTraining partners” means the entities providing information, content, or services for the 59ClubTraining site, the course instructors, and their staffs.

Use of the 59ClubTraining site, and the content and services obtained from or through the 59ClubTraining site, is at your own risk. Your access to or download of information, materials, or data through the 59ClubTraining site or any reference sites is at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.

User Postings Disclaimer.
You understand that when using the 59ClubTraining Site you will be exposed to User Postings from a variety of sources and that neither 59ClubTraining nor the 59ClubTraining Partners are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 59ClubTraining or any of the 59ClubTraining Partners with respect thereto. Neither 59ClubTraining nor any of the 59ClubTraining Partners endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither 59ClubTraining nor any of the 59ClubTraining Partners have any obligation to monitor any User Postings or any other user communications through the 59ClubTraining Site.

However, 59ClubTraining reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, 59ClubTraining may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

Links to Other Websites.
The 59ClubTraining Site may include hyperlinks to websites maintained or controlled by others. 59ClubTraining and the 59ClubTraining Partners are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If you decide to access linked third-party websites, you do so at your own risk.

To the fullest extent permitted by applicable law, you agree that neither 59ClubTraining nor any of the 59ClubTraining participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party's) use of or inability to use the 59ClubTraining site, or your placement of content on the 59ClubTraining site, or your reliance upon information obtained from or through the 59ClubTraining site, whether your claim is based in contract, tort, statutory or other law.

In particular, to the fullest extent permitted by applicable law, neither 59ClubTraining nor any of the 59ClubTraining partners will have any liability for any consequential, indirect, punitive, special, exemplary, or incidental damages, whether foreseeable or unforeseeable and whether or not 59ClubTraining or any of the 59ClubTraining partners has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data, or interruption in availability of data).

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to defend, hold harmless, and indemnify 59ClubTraining and the 59ClubTraining Partners, and their respective subsidiaries, affiliates, officers, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the 59ClubTraining Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and solicitors fees, of every kind and nature. In such a case, 59ClubTraining or the applicable 59ClubTraining Partner will provide you with written notice of such claim or action.

ADDITIONAL TERMS

Termination Rights; Discontinuation of Courses and Content.
You agree that 59ClubTraining, in its sole discretion, may terminate your use of the 59ClubTraining Site or your participation in it, for any reason or no reason, upon notice to you. It is 59ClubTraining's policy to terminate in appropriate circumstances the accounts of users of the 59ClubTraining Site who are repeat copyright infringers. 59ClubTraining and the 59ClubTraining Partners reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through 59ClubTraining, or to cease providing any part or all of the 59ClubTraining Site content or related services, and you agree that neither 59ClubTraining nor any of the 59ClubTraining Partners will have any liability to you for such an action. If you no longer desire to participate in the 59ClubTraining Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the 59ClubTraining Site, but the other provisions of the Agreements will survive any such termination.

Entire Agreement.
The Agreements constitute the entire agreement between you and 59ClubTraining with respect to your use of the 59ClubTraining Site, superseding any prior agreements between you and 59ClubTraining regarding your use of the 59ClubTraining Site.

Waiver and Severability.
The failure of 59ClubTraining to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.

Choice of Law.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the 59ClubTraining Site will be governed by the laws of the United Kingdom. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defence or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date:
3rd June 2019

CODE OF CONDUCT PLEDGE

By enrolling onto a 59ClubTraining course or program, I agree that I will:

  • Complete all assessments and assignments on my own, unless collaboration on an assignment is explicitly permitted.

  • Maintain only one user account and not let anyone else use my username and/or password.

  • Not engage in any activity that would dishonestly improve my results or improve or hurt the results of others.

  • Not post answers to problems that are being used to assess learner performance.

VIOLATIONS

If you are found in violation of the Terms of Service or Code of Conduct, you may be subject to one or more of the following actions:

  • Receiving zero marks for an assessment;

  • Having any certificate earned in the course or program withheld or revoked;

  • Being unenrolled from a course or program; or

  • Termination of your use of the 59ClubTraining Site.

  • Additional actions may be taken at the sole discretion of 59ClubTraining and 59ClubTraining Member course providers.

No refunds will be issued in the case of any corrective action for such violations.

Code of Conduct violations will be determined at the sole discretion of 59ClubTraining. You will be notified if a determination has been made that you have violated this Code and you will be informed of the corresponding action to be taken as a result of the violation.

CHANGING THE CODE OF CONDUCT

Please note that we review and may make changes to this Code of Conduct from time to time. Any changes to this Code will be effective immediately upon posting on this page, with an updated effective date. By accessing the 59ClubTraining Site after any changes have been made, you signify your agreement on a prospective basis to the modified Code of Conduct and any changes contained therein. Be sure to return to this page periodically to ensure familiarity with the most current version of this Code of Conduct.

Effective Date:
3rd June 2019

Privacy Policy Notice

The policy: This privacy policy notice is served by

59club Ltd
Suite B, The Whitehouse
93a Lichfield Street, Tamworth
Staffs
B79 7QF

under the website; www.59clubtraining.com . The purpose of this policy is to explain to you how we control, process, handle and protect your personal information through the business and while you browse or use this website. If you do not agree to the following policy you may wish to cease viewing / using this website, and or refrain from submitting your personal data to us.

Policy key definitions:

  • "I", "our", "us", or "we" refer to the business, 59club Ltd.

  • "you", "the user" refer to the person(s) using this website.

  • GDPR means General Data Protection Act.

  • PECR means Privacy & Electronic Communications Regulation.

  • ICO means Information Commissioner's Office.

  • Cookies mean small files stored on a users computer or device.

Key principles of GDPR:

Our privacy policy embodies the following key principles; (a) Lawfulness, fairness and transparency, (b) Purpose limitation, (c) Data minimisation, (d) Accuracy, (e) Storage limitation, (f) Integrity and confidence, (g) Accountability.

Processing of your personal data

We process your information in the following ways:

  • We use your name to personalise your web experience and in any email communications. It is also used to correspond with coaches / students when using the accreditation features on the training portal.

  • We retain your email address to use as a contact for when you purchase material from the website or need to reset your log in password.

Data retention period: We will continue to process your information under this basis until you withdraw consent or it is determined your consent no longer exists.

Sharing your information: We do not share your information with third parties.

If, as determined by us, the lawful basis upon which we process your personal information changes, we will notify you about the change and any new lawful basis to be used if required. We shall stop processing your personal information if the lawful basis used is no longer relevant.

Your individual rights

Under the GDPR your rights are as follows.

  • the right to be informed;

  • the right of access;

  • the right to rectification;

  • the right to erasure;

  • the right to restrict processing;

  • the right to data portability;

  • the right to object; and

  • the right not to be subject to automated decision-making including profiling.

You also have the right to complain to the ICO [www.ico.org.uk] if you feel there is a problem with the way we are handling your data.

We handle subject access requests in accordance with the GDPR.

Internet cookies

We use cookies on this website to provide you with a better user experience and to let you purchase course materials. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website

Some cookies are required to enjoy and use the full functionality of this website.

We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options.

Cookies that we use are;

  • XSRF-TOKEN: Cross site scripting protection

  • Laravel_session: Purchasing Basket functionality

  • Vimeo: Vimeo Player controls

  • Cookie consent: Cookie banner acknowledgement

  • Google analytics Cookies: User analytics tracking

Data security and protection

We ensure the security of any personal information we hold by using secure data storage technologies and precise procedures in how we store, access and manage that information. Our methods meet the GDPR compliance requirement.