Terms & Conditions

 

The first part of our Terms and Conditions is abbreviated to provide you with the most relevant information.

 

Although extensive we encourage you to read the full Terms and Conditions as this does impact your rights.

BACKGROUND:

 

 These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.bictd.org and bictd.digitalchalk.com (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site AND/OR You will be advised to read and accept these Terms and Conditions when signing up for an Account, purchasing a ticket or purchasing/subscribing to any other service we offer.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Account”

means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

“Content”

means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Contract”

means a contract for the purchase and sale of Services, as explained in Clause 29;

“Order”

means your order for the Services;

“Order Confirmation”

means our acceptance and confirmation of your Order;

“Services”

means the services which are to be provided by Us to you as specified in your Order, including but not limited to your accessing our data platform bictd.digitalchalk.com (and confirmed in Our Order Confirmation); and

“User”

means a user of Our Site;

“User Content”

means any content submitted to Our Site by Users including, but not limited to, survey documents, questions for supervision and case discussion material; and

“We/Us/Our”

Means Child Trauma & Dissociation LTD T/A BICTD, a company registered in England under 6986186, whose registered address is Unit A2, Croft Head Business Park, Dale Street, Huddersfield, HD8 9BQ.

 

2. Information About Us

2.1 Our Site, bictd.org, is owned and operated by Child Trauma and Dissociation Ltd, a limited company registered in England under 6986186, whose registered address is Unit A2, Croft Head Business Park, Dale Street, Huddersfield, HD8 9BQ

3. Access to Our Site

3.1 Access to Our Site is free of charge.

3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4 Use of Our Site is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.

4. Access to Our Training Content

4.1 Access to our training content, training events and Resource Platform #RP is charged at the subscription or ticket rate based on the level that you choose.

4.2 Access is restricted and subject only to meeting our criteria, which includes but is not limited to: paying the subscription payment, setting up a direct debit, signing our Non-Disclosure and Confidentiality agreement and abiding by our rules of conduct in respects to privacy and using the content only for the purposes as outlined in our Non-Disclosure and Confidentiality agreement.

4.3 Under no circumstances are you allowed to access the site for third party access or provide to any other person access of our site.

4.4 You agree to use the information on our site solely for the purposes of your own personal and professional development with the aim of applying such information only to and for the sole purpose of improving on the therapeutic or other professional work carried out in working with children and adolescents.

5. Accounts

5.1 Certain parts of Our Site (including the ability to purchase services from Us) may require an Account in order to access them.

5.2 You may not create an Account if you are under 18 years of age.

5.3 When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

5.4 We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You are prohibited from sharing your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately.  We will not be liable for any unauthorised use of your Account.

5.5 You must not use anyone else’s Account under any circumstances.

5.6 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 17.

5.7 If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

5.8 If you close your Account, any notes, and user information you have created on Our Site will be deleted.

6. Intellectual Property Rights

6.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

6.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

6.3 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

6.4 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

6.5 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

7. User Content

7.1 We do not allow for any user content to be submitted on our site.

8. Links to Our Site

8.1 You may not link to Our Site for any reason on in any way without our express written permission.

9. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

10. Disclaimers

10.1 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

10.2 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.

11. Our Liability

11.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

11.3 If you are a commercial user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

11.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware; however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

11.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

11.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

12. Viruses, Malware and Security

12.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.  We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same.

12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

12.6 By breaching these provisions you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

 

13. Acceptable Usage Policy

13.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13.  Specifically:

13.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

13.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

13.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

13.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

13.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

13.2.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

13.2.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;

13.2.3 issue you with a written warning;

13.2.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

13.2.5 take further legal action against you as appropriate;

13.2.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

13.2.7 any other actions which We deem reasonably appropriate (and lawful).

13.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

14. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies, available lower down in this document. These policies are incorporated into these Terms and Conditions by this reference.

 

15. Changes to these Terms and Conditions

15.1 We may alter these Terms and Conditions at any time.  If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

16. Contacting Us

To contact Us, please email Us at hello@bictd.org

 

17. Communications from Us

17.1 If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions, product updates and new product releases.

17.2 We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 3 business days for your new preferences to take effect.

17.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@bictd.org

 

18. Data Protection

18.1 Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act.

18.2 We may use your personal information to:

18.2.1 Reply to any communications you send to Us;

18.2.2 Send you important notices, as detailed in Clause 17;

18.2.3 Send you product updates and new product releases.

18.3 We will not pass on your personal information to any third parties.

 

19. Law and Jurisdiction

19.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

19.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

20. Restrictions on purchasing

20.1 Some of our services have restrictions including requirement to be registered with a professional/regulatory body.

20.2 You are prohibited from purchasing a service, which requires membership to a professional/regulatory body, without having an up-to-date membership with no suspensions or formal enquiries.

20.3 If you are unclear regarding your status in relation to a specific membership organisation, please email us at hello@bictd.org and we will confirm to you whether your membership will be sufficient.

20.4 Failure to comply with the above matter outlined in clause 20.1 and 20.2 your access will be terminated immediately and without exception. You will NOT be entitled to a refund of any kind and we reserve the right to report you to any of the relevant authorities in line with the breach of professional conduct.

 

21. Business Customers

These Terms and Conditions apply to both individuals and business customers.

 

22. International Customers

Our Services are available to customers around the world; however, there are restrictions and pre-requisites that may mean that you are either not eligible to purchase one or more of our services or that some part of our service is not practical for you to comply with. If you are uncertain whether you are eligible for our services or would like clarity on the pre-requisites of any of our services and how this may affect your rights and status, please email us at hello@bictd.org. In the event you have made a purchase from our site, but realise you are not eligible to make use of the product in the way intended you will not be eligible for a refund of any kind. It is your sole responsibility to ensure you are eligible for the product.

 

23. Services, Pricing and Availability

23.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

23.2 Please note that sub-Clause 26.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

23.3 Where appropriate, you may be required to select an option or a package that suites you best.

23.4 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications are not provided on Our Site.

23.5 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated annually or as and when required.  Changes in price will not affect any Order that you have already placed (please note sub-Clause 26.8 regarding VAT, however).

23.6 All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, please note the following:

23.6.1 We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 10 business days, We will treat your Order as cancelled and notify you of the same in writing.

23.7 In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

 

24. Orders – How Contracts Are Formed

24.1 Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.

24.2 No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

24.3 Order Confirmations shall contain the following information:

24.3.1 Confirmation of the Services ordered;

24.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes and other additional charges;

24.4 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 5 working days.

24.5 You may change or cancel your Order up to the point of making payment. Once payment has been receive and we provide you with your login access to the service, you may no longer change or cancel your order. Any changes can be made online at the checkout process, by reverting back to the main mages of our site at www.bictd.org Alternatively you can contact us at hello@bictd.org

24.6 We may cancel your Order at any time before We begin providing the Services in the following circumstances:

24.6.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or

24.6.2 An event outside of Our control continues for more than 15 business days (please refer to Clause 16 for events outside of Our control).

24.7 If We cancel your Order under sub-Clause 27.6 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 15 business days.  If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.

24.8 In the event you purchase a ticket from us for an upcoming event, training seminar or conference, the sale is final and no cancellations or refunds will be allowed or accepted under any curcumbstances.

 

25. Payment

25.1 Payment for the Services will be due in the form of an advance payment of the relevant enrolment or booking fee, any additional payments required; in particular, monthly subscription payments will require you to set up a direct debit with us. Price and payment details are all outlined in the enrolment and product pages.

25.2 We accept the following methods of payment on Our Site:

25.2.1 Credit and Debit Card;

25.2.2 Direct Debit.

25.3 In certain circumstances we will charge a booking fee to cover the cost of processing your order. If we do charge you a booking fee we will have this information clearly displayed near the price of the service.

25.4 If you do not make any payment to Us by the due date as outlined in the course content, We retain sole discretion to suspend your service without notice or warning, in addition a £25 administration fee will be applied for re-instating your service. To re-instate your service you will be required to pay the administration fee mentioned above along with any outstanding monies.

25.5 The provisions of sub-Clause 28.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

 

26. Provision of the Services

26.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the e-learning training industry and in accordance with any information provided by Us about the Training events or Services and about Us.  We will begin providing the Services immediately on or shortly after providing you with Order confirmation (no longer than 24 hours after Order confirmation).  We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

26.2 We will continue providing the Services in line with our offering and until the completion of the stated purpose of service or as requested by you.

26.3 We will make every reasonable effort to provide the Services in a timely manner and to complete on time.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 34 for events outside of Our control.

26.4 In the provision of certain services full access to our service will require additional information from you, which will not be prompted at checkout, but are still considered a pre-requisite to us fulfilling your order. It is your responsibility to check all aspects and areas of our site and gather a full understanding of these requirements. Most notably is the aspect of being registered with a professional body such at BACP or UKCP. You will not be prompted at checkout for this information; however, on first access to our service/platform you will be required to enter this information. This information is not immediately checked; however, this information will be verified over the weeks following your initial access and provision of the information. If for any reason we find the information to be false, we will contact you by email to clarify if there has been an error in your initial submission; however, if we are unable to resolve the matter and verify your information, your access to our service will be suspended immediately and without notice. No refunds of any kind will be allowed.

26.5 In certain circumstances We require additional information or action from you in order to provide the Services. We will inform you of this as soon as you log into our platform or on Us fulfilling your order. We will correspond with you via email to outline the required information. Depending upon the nature of the Services you have ordered, We may require information or action such as, but not limited to signing our Non-Disclosure and Confidentiality agreement and/or filling out our Direct Debit mandate.

26.6 If the information you provide or the action you take under sub-Clause 29.4 or 29.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.

26.7 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 29.4 or 29.5 We may suspend the Services and will inform you of that suspension by email.

26.8 In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Services to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email before suspending or interrupting the Services.

26.9 If the Services are suspended or interrupted under sub-Clauses 29.8, you will not be required to pay for them during the period of suspension.  You must, however, pay any sums that may already be due by the appropriate due date(s).

26.10 If you do not pay Us for the Services as required by Clause 29, We may suspend the Services until you have paid any and all outstanding sums due.  If this happens, we will inform you by email.  This does not affect Our right to charge you and administration fee or interest on any overdue sums.

 

27. Cancellations, Changes & Refunds.

27.1 You have the right to cancel the provision of our service; however, unless it falls under our exceptions in Clause 27.2 you will not be entitled to a refund of any kind.

27.2 Exceptions to refunds would be a matter where we fail to provide the service to you within a reasonable time period, or where the service becomes unavailable.

27.3 No refunds are offered of any kind under any circumstances, unless we fail to deliver the service or training product within the time period specified.

27.4 You will be required to pay for Services supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs).  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.  Details of the relevant terms will be provided in our Terms and Conditions.  If you are cancelling due to Our failure to comply with these Terms and Conditions or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).

27.5 Refunds under this Clause 27.2 will be issued to you within 10 business days.  Refunds will be made using the same payment method you used when ordering the Services.

 

28. Our Rights to Cancel

28.1 We may cancel the Services after We have begun providing them due to an Event outside of Our control that continues for more than 5 business days (as under sub-Clause 31.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling the contract.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

28.2 Once We have begun providing the Services, We may cancel the Contract at any time and will give you at least 15 business days written notice of such cancellation. You will only be required to pay for Services that you have received. Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

28.3 Refunds due under this Clause 28 will be issued to you within 5 business days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Services.

28.4 We may cancel immediately by giving you written notice in the following circumstances:

28.4.1 You fail to make a payment by the payment due date.  This does not affect Our right to charge you interest on any overdue sums; or

28.4.2 You breach the contract or our Non-Disclosure and Confidentiality agreement.

 

29. Problems with the Services and Your Legal Rights

29.1 We always use reasonable endeavours to ensure that Our Services are trouble-free.  If, however, there is a problem with the Services please contact Us as soon as is reasonable possible via hello@bictd.org.

29.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.

29.3 We will not charge you for remedying problems under this Clause 29 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, We may charge you for the remedial work.

29.4 If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.  In addition to your legal rights relating directly to the Services, you also have remedies if We use materials that are faulty or incorrectly described.

 

30. Our Liability

30.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

30.2 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.

30.3 You agree to fully indemnify us and that we will not be held liable for any reason what-so-ever if you suffer any loss of any kind due to breaching professional standard or breaching our guidelines of practice (available in the members section).

 

31. Events Outside of Our Control (Force Majeure)

31.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

31.2 If any event described under this Clause 31 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

31.2.1 We will inform you as soon as is reasonably possible;

31.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

31.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

31.2.4 If the event outside of Our control continues for more than 21 business days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

31.2.5 If an event outside of Our control occurs and continues for more than 21business days and you wish to cancel the Contract as a result, you may do so.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

 

32. Disclaimer

32.1 We make no warranty or representation that Our Site will be compatible with all systems, or that it will be secure.

32.2 Whilst every reasonable endeavour has been made to ensure that all information provided on Our Site will be accurate and up to date, We make no warranty or representation that this is the case.  We make no guarantee of any specific results from the use of Our service.

32.3 No part of Our Site is intended to constitute advice and the content of Our Site should not be relied upon when making any decisions or taking any action of any kind.

32.4 Whilst We exercise all reasonable skill and care to ensure that Our Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

 

33. Communication and Contact Details

33.1 If you wish to contact Us for any reason, you may contact Us by telephone at 0333 012 4105 or by email at hello@bictd.org.

 

34. Complaints and Feedback

34.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

34.2 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

34.2.1 by telephone at 0333 012 4105

34.2.2 or by email at hello@bictd.org.

 

35. How We Use Your Personal Information (Data Protection)

35.1 All personal information that We may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

35.2 We may use your personal information to:

35.2.1 Provide Our services to you;

35.2.2 Process your Order (including payment) for the Services; and

35.2.3 Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it).  You may request that we stop sending you this information at any time.

35.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies.  These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.

35.4 We will not pass on your personal information to any third parties [without first obtaining your express permission].

 

36. Other Important Terms

36.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

36.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

36.3 The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

36.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

36.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

36.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms and Conditions at any time, We will give you at least 5 business days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to Clause 30.

 

37. Law and Jurisdiction

37.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

37.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

37.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

Privacy Policy

 

BACKGROUND:

BICTD understands that your privacy is important to you and that you care about how your information is used and shared online.  We respect and value the privacy of everyone who visits Our Site and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

 

This Policy applies to Our use of any and all data collected by us in relation to your use of Our Site.  Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.

 

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

 

“Account”

means an account required to access and/or use certain areas and features of Our Site;

“Cookie”

means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site.  Details of the cookies used by Our Site are set out in section 12, below;

“Our Site”

means this website, bictd.org and bictd.digitalchalk.com;

“UK and EU Cookie Law”

means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended in 2004, 2011 and 2015; and

 

 

 

2. Scope – What Does This Policy Cover?

This Privacy Policy applies only to your use of Our Site.  It does not extend to any websites that are linked to from Our Site (whether We provide those links or whether they are shared by other users).  We have no control over how your data is collected, stored or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

 

3. What Data Do We Collect?

Some data will be collected automatically by Our Site [(for further details, please see section 12 on Our use of Cookies)], other data will only be collected if you voluntarily submit it, for example, when signing up for an Account.  Depending upon your use of Our Site, We may collect some or all of the following data:

3.1 name;

3.2 date of birth;

3.3 gender;

3.4 business/company name

3.5 job title;

3.6 profession;

3.7 contact information such as email addresses and telephone numbers;

3.8 demographic information such as post code, preferences and interests;

3.9 financial information such as credit / debit card numbers;

3.10 IP address (automatically collected);

3.11 web browser type and version (automatically collected);

3.12 operating system (automatically collected);

3.13 a list of URLs starting with a referring site, your activity on Our Site, and the site you exit to (automatically collected);

 

4. How Do We Use Your Data?

4.1 All personal data is stored securely in accordance with the principles of the Data Protection Act 1998.  For more details on security see section 6, below.

4.2 We use your data to provide the best possible products and services to you.  This includes:

4.2.1 Providing and managing your Account;

4.2.2 Providing and managing your access to Our Site;

4.2.3 Personalising and tailoring your experience on Our Site;

4.2.4 Supplying Our [products and] services to you;

4.2.5 Personalising and tailoring Our [products and] services for you;

4.2.6 Responding to communications from you;

4.2.7 Supplying you with updates, correspondence and news via email that you have subscribed to; you may unsubscribe or opt-out at any time.

4.2.8 Market research;

4.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email with information, news and offers on Our products AND/OR services.  We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011 and 2015.

4.4 Advertisers whose content appears on Our Site may engage in what is known as “behavioural advertising” – advertising which is tailored to your preferences, based on your activity.  Your activity is monitored using Cookies, as detailed below in section 12.  You can control and limit your data used in this way by adjusting your web browser’s privacy settings.  Please note that We do not control the activities of such advertisers, nor the information they collect and use.  Limiting the use of your data in this way will not remove the advertising, but it will make it less relevant to your interests and activities on Our Site.

 

5. How and Where Do We Store Your Data?

5.1 We only keep your data for as long as We need to in order to use it as described above in section 4, and/or for as long as We have your permission to keep it.

5.2 Your data will may be stored on one of several locations as part of the server and data network operated by Amazon and others firms. We make no guarantee that your data will not be stored on servers in the United States.

5.3 Data security is of great importance to Us, and to protect your data We have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through Our Site.

5.4 Notwithstanding the security measures that We take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to Us data via the internet.

 

6. Do We Share Your Data?

6.1 We may share your data with other companies in Our group.  This includes Our subsidiaries AND/OR Our holding company and its subsidiaries.

6.2 We may sometimes contract with third parties to supply products and services to you on our behalf.  These may include payment processing, delivery of goods, search engine facilities, advertising and marketing.  In some cases, the third parties may require access to some or all of your data.  Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

6.3 We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales and other information.  All such data will be anonymised and will not include any personally identifying information.  We may from time to time share such data with third parties such as prospective investors, affiliates, partners and advertisers.  Data will only be shared and used within the bounds of the law.

6.4 In certain circumstances We may be legally required to share certain data held by Us, which may include your personal information, for example, where We are involved in legal proceedings, where We are complying with the requirements of legislation, a court order, or a governmental authority.  We do not require any further consent from you in order to share your data in such circumstances and will comply as required with any legally binding request that is made of Us.

 

7. What Happens If Our Business Changes Hands?

7.1 We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business.  Data provided by users will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the data for the purposes for which it was originally collected by Us.

7.2 In the event that any of your data is to be transferred in such a manner, you will not be contacted in advance and informed of the changes.

8. How Can You Control Your Data?

8.1 When you submit information via Our Site, you may be given options to restrict Our use of your data.  In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails.

8.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”).  These may help to prevent you receiving unsolicited marketing.  Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

 

9. Your Right to Withhold Information

9.1 You may access certain areas of Our Site without providing any data at all.  However, to use all features and functions available on Our Site you may be required to submit or allow for the collection of certain data.

9.2 You may restrict your internet browser’s use of Cookies.  For more information, see section 12.

 

10. How Can You Access Your Data?

You have the legal right to ask for a copy of any of your personal data held by Us (where such data is held) on payment of a small fee which will not exceed £15.  Please contact Us for more details at hello@bictd.org, or using the contact details below in section 13.

 

11. What Cookies Do We Use and What For?

11.1 Our Site may place and access certain first party Cookies on your computer or device.  First party Cookies are those placed directly by Us and are used only by Us.  We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy is protected and respected at all times.

11.2 By using Our Site you may also receive certain third party Cookies on your computer or device.  Third party Cookies are those placed by websites, services, and/or parties other than Us.  We use third party Cookies on Our Site for to improve on the user experience.  For more details, please refer to section 12.6 below.  These Cookies are not integral to the functioning of Our Site.

11.3 All Cookies used by and on Our Site are used in accordance with current UK and EU Cookie Law.

11.4 Before any Cookies are placed on your computer or device, subject to section 12.5, you will be shown a pop-up requesting your consent to set those Cookies.  By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you.  You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended.

11.5 The following first and third party Cookies may be placed on your computer or device:

 

Cookie Name  Expiration   Time Description

_ga    2 years   Used to distinguish users.

_gat    10 minutes   Used to throttle request rate.

 

 

Cookie Name • Default Expiration • Time Description

__utma 2 years from set/update  Used to distinguish users and sessions. The cookie is created when the javascript library executes and no existing __utma cookies exists. The cookie is updated every time data is sent to Google Analytics.

 

__utmt  10 minutes    Used to throttle request rate.

 

__utmb 30 mins from set/update  Used to determine new sessions/visits. The cookie is created when the javascript library executes and no existing __utmb cookies exists. The cookie is updated every time data is sent to Google Analytics.

 

__utmc End of browser session  Not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit.

 

__utmz 6 months from set/update Stores the traffic source or campaign that explains how the user reached your site. The cookie is created when the javascript library executes and is updated every time data is sent to Google Analytics.

 

__utmv 2 years from set/update  Used to store visitor-level custom variable data. This cookie is created when a developer uses the _setCustomVar method with a visitor level custom variable. This cookie was also used for the deprecated _setVar method. The cookie is updated every time data is sent to Google Analytics.

 

11.6 You can choose to enable or disable Cookies in your internet browser.  Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies.  By default, most internet browsers accept Cookies but this can be changed.  For further details, please consult the help menu in your internet browser or the documentation that came with your device.

11.7 You can choose to delete Cookies at any time however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personalisation settings.

11.8 It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

 

12. Contacting Us

If you have any questions about Our Site or this Privacy Policy, please contact Us by email at hello@bictd.org. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).

 

13. Changes to Our Privacy Policy

We may change this Privacy Policy as we may deem necessary from time to time, or as may be required by law.  Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations.  We recommend that you check this page regularly to keep up-to-date.