Terms and Conditions
Information about eLM
This website is operated by Elearning Marketplace Limited (Company No. 08369915) and our registered office is at The Portway Centre, Old Sarum, Salisbury, Wiltshire, SP4 6EB (referred to as “eLM” in these terms and conditions). Our VAT number is: 155224428. If you wish to contact us, please telephone 0844 854 9218 email [email protected], visit our “contact us” page, or write to us at our registered office.
Status of these terms and conditions and updates
This version of the eLM terms and conditions supersedes all prior, written or oral understandings or agreements and applies to the exclusion of any other terms or conditions that you may seek to impose or incorporate, or which are implied by law, trade, custom, practice or course of dealing. We may update these terms and conditions from time to time. Any changes to these terms and conditions will be displayed on the eLM website and your continued use of the website indicates your agreement to these changes. Accordingly, please check this page from time to time to take notice of any changes we made, as they will be binding on you. Any changes to specific seller terms will be notified by email to the seller.
Access to the eLM website and eLM’s liability
Although eLM makes reasonable efforts to update the information on the eLM website, eLM makes no representations, warranties or guarantees that the content on the eLM website is accurate, complete or up-to-date.
eLM does not guarantee that the eLM website, or any content on it, will always be available or be uninterrupted. Access to the eLM website is permitted on a temporary basis. eLM may suspend, withdraw, discontinue or change all or any part of the eLM website without notice. eLM will not be liable to you if for any reason the eLM website is unavailable at any time or for any period.
You are responsible for ensuring that all persons who access the eLM website through your internet connection are aware of these terms and conditions and that they comply with them.
Nothing in these terms and conditions excludes or limits eLM’s liability for death or personal injury arising from eLM’s negligence, or eLM’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
To the extent permitted by law, eLM excludes all conditions, warranties, representations or other terms which may apply to the eLM website or any content on it, whether express or implied.
eLM will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the eLM website; or
- use of or reliance on any content displayed on the eLM website.
If you are a business user and you purchase a product on the eLM website then (subject always to the provisions above and below) eLM’s total liability to you will be limited to the total amount paid by you for the product. If you are a business user and you sell a product on the eLM website, eLM’s total liability to you will be limited to the amount of commission payable by you to us.
If you are a consumer user then (subject always to the provisions above and below) eLM will be responsible for loss or damage you suffer that is a foreseeable result of eLM’s negligence or breach of these terms and conditions, but eLM will not be responsible for any loss or damage that is not foreseeable.
eLM will not be liable for:
- loss of data (as it is your responsibility to back-up and keep copies of all data you submit to the eLM website);
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
eLM will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the eLM website or to your downloading of any content on it, or on any website linked to it.
eLM assumes no responsibility for the content of websites linked on the eLM site. Such links should not be interpreted as endorsement by eLM of those linked websites. eLM will not be liable for any loss or damage that may arise from your use of them.
Product descriptions and images displayed on the eLM website are illustrative only and are published to provide users with a guide to the products being offered and do not contribute in any way to a binding contract between users and sellers and/or eLM. No responsibility or liability is assumed by eLM for the information, service and/or products being suitable for the purpose of the user.
If you are a consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights.
eLM is the owner or the licensee of all intellectual property rights in the eLM website, and in the material published on it, with the exception of products for sale. These works are protected by copyright laws and treaties around the world. All such rights are reserved. For further information on intellectual property, please see our Copyright Policy.
eLM does not guarantee that the eLM website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the eLM website. You should use your own virus protection software.
You must not misuse the eLM website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the eLM website, the server on which it is stored or any server, computer or database connected to the eLM website. You must not attack the eLM website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to the eLM home page, provided you do so in a way that is fair and legal and does not damage eLM’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. eLM reserves the right to withdraw linking permission without notice.
Where the eLM website contains links to other sites and resources provided by third parties, these links are provided for your information only. eLM has no control over the contents of those sites or resources.
Governing law and jurisdiction
These terms and conditions shall be governed by and read in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the courts of England.
If you require a copy of these terms and conditions in a printable document you can request a copy by contacting one of our customer advisors on 0844 854 9218.
Additional terms relating to the use of our website
Sections in this document apply as follows:
Section 1 – All registered users
Section 2 – Buyers
Section 3 – Sellers.
Section 1 – All Registered Users
You must keep your username and password confidential. Should you approve another individual to use your account you are solely responsible for their actions. If you are using the account on behalf of an organisation you must be authorised to represent that organisation. If you find that there has been unauthorised use of your account you agree to notify eLM immediately.
You must not interfere or disorder any aspect of the eLM website and e-commerce system. In agreeing to these terms and conditions you agree to:
- Treat other users of the eLM website with respect and courtesy, ensuring that your use complies with their legal rights
- Keep information provided by, or on behalf of eLM in your possession and not supply it to any third party
In agreeing to these terms and conditions you understand that eLM does not own, control, quality assure accuracy of content or endorse products for sale on elearningmarketplace.co.uk. eLM disclaims all responsibility and liability for the information and products displayed on and sold through the website, including accuracy, legality, content and reliability.
Users of the site understand and agree that any feedback and ratings they post to the eLM website will be publicly available for viewing. eLM is not responsible for monitoring, checking or editing the feedback or ratings posted on the website and is not liable for any claims or actions connected with any feedback or ratings. Registered users should use the contact form on the website to report any inappropriate or dishonest feedback and eLM will investigate the claim. It will be at the discretion of eLM as to whether the feedback should be removed.
Links to external websites on the eLM site are not under the control of eLM and therefore the content and operation of such linked sites are not their responsibility.
You can close your account at any time and for any reason by notifying us using the contact form. Once your account has been closed you will need to re-register to sell or purchase products.
Section 2 – Customer
Products displayed and sold through the eLM website are not owned by eLM, but remain the property of the course publisher or supplier (on whose behalf eLM acts as a reseller). Your contract for purchase is with eLM. Products purchased are sold on an ‘as is’ basis and no warranties or guarantees are offered by eLM.
A legally binding contract of sale will be formed between you and eLM when you have confirmed your order.
You may use the following payment methods:
- Checkout on the site using PayPal’s payment system with a PayPal account, or credit or debit card
- By BACS directly into the eLM bank account. Please phone a customer advisor on 0844 854 9218 to confirm your order and to obtain our bank details
When you purchase a product via the eLM website you provide us with your permission to supply you with the means to access the digital goods you have purchased immediately or within one working day, as indicated on each product page. Once payment has been made you will be sent an email with the details of your purchase.
Course Access and Licence Periods
All course licences have a duration of 1 year unless otherwise specified in the course details. The licence period starts when you receive your login details. If you are a business purchasing course licences for your staff the licence starts when you either provide us with the details of those to be enrolled or your Licence Manager account is updated with the new licences.
Immediate Access courses – these courses are hosted on our Online Training Academy so when you place your order and make payment your name and email address are used to automate your enrolment on to the course/s you have purchased. Your login details will be emailed to you, followed by your course enrolment email. This may take a few minutes or it make take up to 30 minutes depending on technology factors.
One Working Day Access courses – these courses are hosted on the publisher’s own platform so when you place your order and make payment your name and email address are sent to the publisher and they will process your enrolment on to the course/s you have purchased. Your login details will be emailed to you within one working day.
When purchasing a product you are buying a non-exclusive licence to use the product, upon terms specified by the seller, and ownership of the product remains with the seller unless explicitly described by the seller in the details of their product for sale. Unless described otherwise by the seller you must not copy, modify or re-produce a non-original version of the product you purchase, or loan, lease, sell or distribute the product. You download and use suppliers’ products at your sole risk. eLM does not guarantee any specific outcomes as a result of you purchasing a product from the website.
User licence name changes, only permitted if the user has not accessed the course, must be requested in writing. Requests for large numbers of changes to user accounts may incur an administration charge.
Refund requests should be made to eLM through the contact form on the website or by email to [email protected]. The eLM Refunds policy states that a full refund will be issued if a purchased on-line course has not been accessed and the refund claim is made within fourteen days of the purchase. Refunds for downloads will be looked at on a case by case basis, but requests will normally only be upheld for products purchased that are defective or not as described by the seller.
If you are a consumer, please note that you waive your right to a refund under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2015 if you access an online product or download a downloadable product. Up until this point, and within fourteen days of making your purchase, you may cancel your purchase by contacting us in writing and we will issue a full refund. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Section 3 – Sellers
The Seller agrees to appoint eLM as their non-exclusive reseller to display, market and sell products that are owned by or licensed to the Seller; the Seller warrants that they are the original author and own the copyright of the product and therefore have the right to sell the products or that the Seller is a licensee with sufficient authority to do so. In agreeing to these terms and conditions the Seller agrees that in selling products through the eLM website they are not infringing any legal or intellectual property rights * of any third party and they agree to indemnify and hold harmless eLM from and against all direct losses, damages, costs and expenses suffered or incurred by eLM as a result of or in connection with any intellectual property infringement claim brought or threatened by any third party. eLM has no responsibility or liability with respect to any claims arising from infringement of the law in any country in relation to the products eLM displays, markets and sells on behalf of third parties. Products displayed and sold through the eLM website remain the property of the Seller or their licensor. The Seller has sole responsibility and control of their products, including risk of loss.
The Seller will provide the information for their products as required by eLM in the online Product Submission form, or agreed alternative method. The information the Seller provides must be accurate, complete and not misleading. The Seller is responsible for setting the price of their products and any discounts attributed to those products. However, eLM requires that the Seller prices their products for no more than they are advertised elsewhere online. If ELM staff or an eLM customer locates the exact same product at a lower price the product will be sold by eLM at the lower price and the Seller will receive the value of the net sale less eLM’s commission
The Seller agrees to pay eLM 35% commission on the sale of their products, calculated as a percentage of the total net value of each sale
eLM reserves the right to modify the commissions charged to sellers, following a review of the commission structure, provided that sellers are notified by email of any new commission rates at least 30 days prior to the changes taking place. In the event of an increase being imposed in accordance with this paragraph the Seller has the right to terminate this contract by written notice to eLM with not less than 14 days written notice.
eLM will email a purchase order at the month end to the Seller with the total value of sales for the month, less 35% commission. eLM requires the Seller to email an invoice that replicates the purchase order. On receipt of this invoice eLM will make a BACS payment to the Seller.
The Seller agrees to the terms of the eLM Refunds and Returns policy, which states that if a request for a refund is made within fourteen days of making the purchase a refund will be issued if a purchased on-line course has not been accessed or is defective or does not comply with the published description.
If eLM refunds a buyer for the value of a product they have purchased, in accordance with the agreed Refunds and Returns policy, the refund will be applied against any amounts owed to the Seller.
You may withdraw any of your products for sale from the eLM website by providing eLM with 30 days written notice; however you are required to fulfil any sales that have been made.
One Working Day Access Courses
In agreement with eLM, Sellers of online qualifications or courses not published in SCORM or TIN CAN format can supply their courses to eLM for resale, with customer access on a ‘one working day access’. Sellers agree to enrol eLM customers on to the purchased course/s within one working day. These Sellers are prohibited from:
- Contacting eLM customers directly, unless the customer has sought support from the Seller
- Including in any communication with eLM customers advertisements, marketing messages or “calls to action” that encourage eLM customers to purchase directly from the Seller
* including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names, trademarks and any other similar protected rights in any country.
Updated 1st April 2022