Terms and Conditions for Actuartech Feb21.pdf

TERMS AND CONDITIONS
BACKGROUND AND DESCRIPTION OF SERVICES:
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 the services, platforms, training paths,
forums and any other free or paid for resources aligned to www.actuartech.com (“Our Web
App”). Our Web App is described in detail at clause 2.2.
Please read these Terms and Conditions carefully and ensure that you understand them.
You will be required to read and accept these Terms and Conditions when accessing any
part of Our Web App and in addition when signing up for an Account and purchasing a
Subscription. If you do not agree to comply with and be bound by these Terms and
Conditions, you must stop using Our Web App immediately.
Our Web App references and utilises third party content. We cannot take responsibility for
the Content published by third parties and You understand and agree that by accessing such
You are bound by the Content published. This is further explained at Clause 11.
We may change these Terms and Conditions by posting the revised version on our website
at least 14 days before they become effective. Please check our website from time to time.
You will be bound by the revised agreement if you continue to use our services following the
effective date shown.
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 to access and use Our
Web App, as detailed in Clause 4;
“Business”
“Content”
means any business, trade, craft, or profession carried
on by You or any other person/organisation;
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 Web App;
“Contract” means the contract between Us and you for the
purchase and sale of a Subscription to, and use of Our
Web App, as explained in Clause 6;
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“Consumer”
“Order”
means a “Consumer” as defined by the Consumer
Rights Act 2015;
means your order for a Subscription;
“Subscription
Confirmation”
means Our acceptance and confirmation of your
Order;
“Subscription” means a Subscription to any of Our Training Paths
accessed via our Web App and purchased or signed
up to in accordance with these Terms and Conditions;
“Training Paths”
“User”
Means any Content uploaded to Our Web App which
provides a variety of training options for Our Users
including but not limited to Courses, Lessons, Bundles,
Forums and/or resources;
means a user (Consumer or Business) of Our Web
App;
“User Content”
means any content created and/or uploaded by Users
in or to Our Web App; and
“We/Us/Our/Actuartech” means Actuartech, a trading name of Dupro Ltd, a
limited company registered in England and Wales
under company number 11058010, whose registered
address is Kemp House, 160 City Road, London,
United Kingdom, EC1V 2NX.
2. Information About Us and Description of Our Services
2.1 Our Web App is owned and operated by Dupro Ltd, a limited company
registered in England and Wales under company number 11058010, whose
registered address is Kemp House, 160 City Road, London, United Kingdom,
EC1V 2NX. Our VAT number is 285543672.
2.2 The Web App owned and operated by Actuartech provides a variety of
Content including but not limited to the following which can be broken down
as:
a. Actuartech works with Users and provides a training platform for
actuaries and other professionals. The training is provided through Our
Training Paths accessed via the platform on the Web App and
purchased or signed up to by a Subscription.
b. The training is centred on actuarial research and technology and
enables Users to understand the main techniques of data science,
data management, machine learning, text mining, scraping and data
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visualisation.
3. Access and Changes to Our Web App
3.1 Access to certain areas of Our Web App requires a Subscription. Upon
purchasing or signing up to a Subscription, Our Web App will be available to
you for the duration of that Subscription and any and all subsequent renewals.
We do offer a multi-user facility on request for some of Our Subscriptions but
We make it clear that this is for individuals authorised by a User; where such
Use and Authorisation have been approved by Us.
3.2 We may from time to time make changes to Our Web App:
3.2.1 Minor changes may be required to make underlying technical
alterations, for example, to fix an error or to address a security issue.
We will inform you by email or Web App Notification of any such
changes (including, if applicable, anything that you need to do),
however they will be unlikely to materially affect your use of Our Web
App;
3.2.2 Minor changes may be made to reflect changes in the law or other
regulatory requirements. We will inform you by email or Web App
Notification of any such changes (including, if applicable, anything
that you need to do), however they will be unlikely to materially affect
your use of Our Web App; and
3.2.3 As detailed in clause 2.2 our Web App is constantly developing and
updating data and content, We will continue to develop and improve
Our Web App over time, in some cases making significant changes
to it. You will be kept fully informed of any and all such changes.
3.3 We will always aim to ensure that Our Web App is available. In certain limited
cases, however, We may need to temporarily suspend availability to make
certain changes outlined under sub-Clause 3.2. Unless We are responding to
an emergency or an urgent issue, We will inform you in advance of any
interruptions to the availability of Our Web App.
4. Accounts
4.1 An Account is required to use Our Web App.
4.2 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.
4.3 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. 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.
4.4 You must not use anyone else’s Account without the express permission of
the User to whom the Account belongs. In line with clause 3.1 We do offer,
upon request, multi-user facility under some User’s Accounts however You
must have the express permission of the User and necessary credentials to
gain access as agreed.
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4.5 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, as set out in Clause 20
4.6 If you wish to close and delete your Account, you may do so at any time by
contacting Us at info@actuartech.com. Closing your Account will result in the
removal of your information from Our Web App.
5. Subscriptions, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the
services available from Us (specifically, Our Web App) correspond to the
actual services that will be provided to you.
5.2 Where appropriate, you may be required to select your required Subscription.
Different types of Subscription provide access to different features and or
Training Paths in Our Web App. Please ensure that you select the
appropriate Subscription when prompted.
5.3 All pricing information is 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. Changes will not affect Subscriptions that have
already been purchased , but may affect renewals of Subscriptions.
5.4 All Subscription prices are checked by Us when your purchase is processed.
In the unlikely event that We have shown incorrect pricing information, We will
contact you in writing before processing your purchase to ask you how you
wish to proceed. We will not charge you or activate your Subscription until
you respond.
5.5 All prices include VAT. Where any purchase of a Subscription attracts local
taxes, fees or levy in your country of domicile You will be responsible for
meeting those charges.
6. Subscriptions – How Contracts Are Formed
6.1 There is information provided via Our Web App concerning Our Subscription
process. If You have any queries please email Us at info@actuartech.com
Before confirming a purchase, you will be given the opportunity to review your
chosen Subscription and amend any errors in your Order. Please ensure that
you check carefully before confirming your purchase.
6.2 No part of Our Web App, website or any other material constitutes a
contractual offer capable of acceptance. By purchasing a Subscription, you
are making Us a contractual offer that We may, at Our sole discretion, accept.
Our acceptance is indicated by Us sending you a Subscription Confirmation by
email. Only once We have sent you a Subscription Confirmation will there be
a legally binding contract between Us and you (“the Contract”).
6.3 If We do not accept or cannot process your Subscription purchase for any
reason, no payment will be taken under normal circumstances. If We have
taken payment in such circumstances, the payment will be refunded to you as
soon as possible and in any event within 7 days.
6.4 By purchasing a Subscription, you are expressly requesting that you wish
access to Our Web App to be made available to you immediately (and will be
required to acknowledge this).
6.5 Access by the User to the Training Paths is at the discretion of the User. We
cannot be held accountable where there is any delay in access by the User
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and we make any changes to the Content during the delay.
6.6 As You work through the various elements of the Training Paths You will need
to reach certain stages and complete certain exercises to gain further access.
We are not causing any delay and You acknowledge to Us that this is
necessary to complete the Training Path assigned to You.
7. Payment
7.1 Payment for Subscriptions will be due at the time of purchase. Your chosen
payment method will be billed immediately upon confirmation of your
Subscription.
7.2 We accept the following methods of payment:
7.2.1 Paypal;
7.2.2 Stripe;
7.2.3 Credit Card.
7.3 We do not charge any additional fees for any of the payment methods listed
above however we cannot guarantee You will not be charged any additional
charges by any third-party provider including any charges for international
transactions for Users who are not domiciled in the UK. Please refer to the
terms and conditions and data protection provisions of the third-party payment
provider and ensure you are happy before proceeding.
8. Cancellation
8.1 Consumers (but not business customers) in England and Wales have a legal
right to a “cooling-off” period within which distance sales contracts (including
those formed online) can be cancelled for any reason. This period, if
applicable, begins once a contract is formed and ends at the end of 14
calendar days after that date.
8.2 Access to Our Web App is made available immediately upon the purchase of
a Subscription. Consequently the 14-day cooling-off period does not normally
apply however We are willing on a case by case basis to consider cancellation
so please contact Us at info@actuartech.com explaining the justification for
requesting cancellation. Following our review we will inform you whether or not
your cancellation request was approved.
8.3 To cancel a Subscription for any reason please email Us at
info@actuartech.com.
8.4 We may ask you why you have chosen to cancel your Subscription and may
use any answers you provide to improve Our Web App in the future, however
please note that you are under no obligation to provide any details if you do
not wish to.
8.5 Any and all refunds due to you will be made no later than 14 calendar days
after the date on which We acknowledge your cancellation. Refunds will be
made to your original payment method unless you specifically request
otherwise.
8.6 In certain limited circumstances We may cancel your Subscription and/or
close your Account. If We take such action, you will be notified by email and
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We will provide an explanation for the cancellation and/or closure.
8.6.1 If your Account is closed and your Subscription cancelled because
you have breached these Terms and Conditions, you will not be
entitled to a refund. If you believe We have closed your Account and
cancelled your Subscription in error, please contact Us at
info@actuartech.com.
8.6.2 If your Account is closed and/or your Subscription is cancelled for
any other reason, you will be refunded the remaining balance of your
Subscription. The refund will be calculated based upon the price of
your Subscription being divided by the total number of days in the
Subscription and multiplied by the number of whole days remaining
until the end of the Subscription (or, in the case of auto-renewing
Subscriptions, until the renewal date). Any and all refunds due to
you will be made no later than 14 calendar days after the date on
which the closure and/or cancellation becomes effective. Refunds
will be made to your original payment method unless you specifically
request otherwise.
9. Our Intellectual Property Rights and Licence
9.1 We grant Users a limited, non-exclusive, revocable, worldwide, nontransferable
licence to use Our Web App for personal (including research and
private study) and business purposes, subject to these Terms and Conditions.
9.2 All other Content included in Our Web App (including all user-facing material,
and all underlying material such as code, software, databases and resources)
and the copyright and other intellectual property rights 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.
9.3 By accepting these Terms and Conditions, you hereby undertake:
9.3.1 Not to copy, download or otherwise attempt to acquire any part of
Our Web App;
9.3.2 Not to disassemble, decompile or otherwise reverse engineer Our
Web App;
9.3.3 Not to allow or facilitate any use of Our Web App that would
constitute a breach of these Terms and Conditions; and
9.3.4 Not to embed or otherwise distribute Our Web App on any website,
ftp server or similar.
10. Links to Our Web App
10.1 You may link to Our Web App provided that:
10.1.1 You do so in a fair and legal manner;
10.1.2 You do not do so in a manner that suggests any form of association,
endorsement or approval on Our part where none exists;
10.1.3 You do not use any of Our logos or trade marks (or any others
displayed on Our Web App) without Our express written permission;
and
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10.1.4 You do not do so in a way that is calculated to damage Our
reputation or to take unfair advantage of it.
10.2 You may not link to any page other than the homepage of Our Web App
(www.actuartech.com). Deep-linking to other parts of Our Web App requires
Our express written permission.
10.3 You may not link to Our Web App from any other website the content of which
contains material that:
10.3.1 Is sexually explicit;
10.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
10.3.3 Promotes violence;
10.3.4 Promotes or assists in any form of unlawful activity;
10.3.5 Discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, sex, religion, nationality, disability,
sexual orientation, or age;
10.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
10.3.7 Is calculated or is otherwise likely to deceive another person;
10.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe)
another person’s privacy;
10.3.9 Misleadingly impersonates any person or otherwise misrepresents
the identity or affiliation of a particular person in a way that is
calculated to deceive (obvious parodies are not included in this
definition provided that they do not fall within any of the other
provisions of this sub-Clause 10.(3);
10.3.10 Implies any form of affiliation with Us where none exists;
10.3.11 Infringes, or assists in the infringement of, the intellectual property
rights (including, but not limited to, copyright, trade marks, patents
and database rights) of any other party; or
10.3.12 Is made in breach of any legal duty owed to a third party including,
but not limited to, contractual duties and duties of confidence.
11. Links to Other Content
We may provide links to other third party content such as websites, web apps and
downloadable apps. Unless expressly stated, this content is not under Our control.
We neither assume or accept responsibility or liability for such third party content.
The provision of a link by Us is for reference only and does not imply any
endorsement of the linked content or of those in control of it. We will notify Our Users
if we cancel any third party content or endorsement.
12. User Content
12.1 You agree that you will be solely responsible for any and all User Content that
you create or upload using Our Web App. Specifically, you agree, represent
and warrant that you have the right to create or upload the User Content and
the right to use all materials of which it is comprised and that it will not
contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 14.
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12.2 You agree that you will be liable to Us and will, to the fullest extent permissible
by law, indemnify Us for any breach of the warranties given by you under sub-
Clause 12.1. You will be responsible for any loss or damage suffered by Us
as a result of such breach.
12.3 We may reject, reclassify, or remove any User Content created or uploaded
using Our Web App where that User Content, in Our sole opinion, violates Our
Acceptable Usage Policy, or if We receive a complaint from a third party and
determine that the User Content in question should be removed as a result.
13. Copying and Duplication
Users may not copy, distribute, publicly perform, publicly display, reproduce or create
derivative works based upon the Content on Our Web App.
14. Acceptable Usage Policy
14.1 You may only use Our Web App in a manner that is lawful and that complies
with the provisions of this Clause 14. Specifically:
14.1.1 You must ensure that you comply fully with any and all applicable
local, national and international laws and/or regulations;
14.1.2 You must not use Our Web App in any way, or for any purpose, that
is unlawful or fraudulent;
14.1.3 You must not use Our Web App 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 any data of any kind; and
14.1.4 You must not use Our Web App in any way, or for any purpose, that
is intended to harm any person or persons in any way.
14.2 The following types of User Content are not permitted on Our Web App and
you must not create, submit, communicate or otherwise do anything that:
14.2.1 is sexually explicit;
14.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
14.2.3 promotes violence;
14.2.4 promotes or assists in any form of unlawful activity;
14.2.5 discriminates against, or is in any way defamatory of, any person,
group or class of persons, race, sex, religion, nationality, disability,
sexual orientation, or age;
14.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
14.2.7 is calculated or otherwise likely to deceive;
14.2.8 is intended or otherwise likely to infringe (or threaten to infringe)
another person’s right to privacy;
14.2.9 misleadingly impersonates any person or otherwise misrepresents
your identity or affiliation in a way that is calculated to deceive
(obvious parodies are not included within this definition provided that
they do not fall within any of the other provisions of this sub-Clause
14.2);
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14.2.10 implies any form of affiliation with Us where none exists;
14.2.11 infringes, or assists in the infringement of, the intellectual property
rights (including, but not limited to, copyright, patents, trade marks
and database rights) of any other party; or
14.2.12 is in breach of any legal duty owed to a third party including, but not
limited to, contractual duties and duties of confidence.
14.3 We reserve the right to suspend or terminate your Account and/or your access
to Our Web App if you materially breach the provisions of this Clause 14 or
any of the other provisions of these terms and conditions. Specifically, We
may take one or more of the following actions:
14.3.1 Suspend, whether temporarily or permanently, your Account and/or
your right to access Our Web App (for more details regarding such
cancellation, please refer to sub-Clause 8.9);
14.3.2 Remove any of your User Content which violates this Acceptable
Usage Policy;
14.3.3 Issue you with a written warning;
14.3.4 Take legal proceedings against you for reimbursement of any and all
relevant costs on an indemnity basis resulting from your breach;
14.3.5 Take further legal action against you as appropriate;
14.3.6 Disclose such information to law enforcement authorities as required
or as we deem reasonably necessary; and/or
14.3.7 Any other actions which We deem reasonably appropriate (and
lawful).
14.4 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.
15. Advertising
15.1 We may feature advertising within Our Web App and We reserve the right to
display advertising on the same page as any User Content.
15.2 You agree that you will not attempt to remove or hide any advertising using
HTML/CSS or by any other method.
15.3 We are not responsible for the content of any advertising in Our Web App.
Each advertiser is responsible for the content of their own advertising material.
We will not be responsible for any advertising in Our Web App including, but
not limited to, any errors, inaccuracies, or omissions.
16. Problems with Our Web App and Consumers’ Legal Rights
16.1 If you have any questions or complaints regarding Our Web App, please email
Us at info@actuartech.com or by using any of the methods provided on Our
contact page at Get in touch - Actuartech For clarity We refer You to clause 26
and remind You that all legal rights are construed under the laws of England
and Wales.
16.2 If you are a consumer, you have certain legal rights under the Consumer
Rights Act 2015 that may apply to Our Web App:
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16.2.1 Any digital content provided by Us must be as described, fit for
purpose, and of satisfactory quality.
16.2.2 Any services provided by Us must be provided with reasonable care
and skill and in compliance with information provided by Us. If We
fail to do so, you may be entitled to require Us to repeat or otherwise
fix the problem or, if We cannot provide such a remedy, a full or
partial refund.
16.2.3 For more details concerning your rights and remedies as a
consumer, please contact your local Citizens Advice Bureau or
Trading Standards Office.
17. Disclaimers
17.1 We make no warranty or representation that any particular result or success
will occur on the purchase or use of a Subscription. The Content is provided
for an insight into data science, actuarial technology, training events and
networking purposes only.
17.2 Subject to your legal rights if you are a consumer (as summarised above in
Clause 16), insofar as is permitted by law, We make no representation,
warranty, or guarantee that Our Web App will meet your requirements, that it
will be fit for a particular purpose, 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.
17.3 We make reasonable efforts to ensure that the content contained within Our
Web App is complete, accurate and up-to-date. We do not, however, make
representations, warranties or guarantees (whether express or implied) that
Our Web App (and the content therein) is complete, accurate or up-to-date in
all respects as mistakes can be made.
17.4 We are not responsible for the content or accuracy, or for any opinions, views,
or values expressed in any User Content created or uploaded using Our Web
App. Any such opinions, views, or values are those of the relevant User, and
do not reflect Our opinions, views, or values in any way.
18. Our Liability
18.1 If you are a Consumer, We will be liable to you for any foreseeable loss or
damage that is caused by Us as a result of Our breach of these Terms and
Conditions. Loss or damage is foreseeable if it is either obvious that it will
occur or was contemplated by you and Us when the Contract between us was
formed. This is capped at all times to a refund of the price paid for the
Subscription.
18.2 You accept that it is your responsibility that the Training Path booked is
suitable for your requirements and ability. We can recommend a particular
Training Path, however, the assessment and the final decision concerning
suitability of the course is your responsibility. In cases where we have made
recommendations, we do so in good faith based on the information You
provide.
18.3 If you are a Business, to the fullest extent permissible by law, We accept no
liability for any foreseeable loss 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 Web App or the use of or reliance upon any
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Content (whether that Content is provided by Us or whether it is User Content)
included in Our Web App.
18.4 To the fullest extent permissible by law, We accept no liability to consumers or
businesses for loss or damage that is not foreseeable.
18.5 To the fullest extent permissible by law, We exclude all representations,
warranties, and guarantees (whether express or implied) that may apply to
Our Web App or any Content (including User Content) included in Our Web
App.
18.6 If you are a business, 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.
18.7 We exercise all reasonable skill and care to ensure that Our Web App is free
from viruses and other malware. Subject to sub-Clause 16.2.1, 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 that may
adversely affect your hardware, software, data or other material that occurs as
a result of your use of Our Web App (including the downloading of any
Content (including User Content) from it) or any other website or service that
We may provide a link to.
18.8 We neither assume nor accept responsibility or liability arising out of any
disruption or non-availability of Our Web App 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.
18.9 Nothing in these Terms and Conditions excludes or restricts Our liability in any
situation where it would be unlawful for us to do so including 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. For full details of applicable consumers’ legal rights in
England and Wales, including those relating to digital content, please contact
your local Citizens’ Advice Bureau or Trading Standards Office.
19. Viruses, Malware and Security
19.1 We exercise all reasonable skill and care to ensure that Our Web App is
secure and free from viruses and other malware including, but not limited to,
the scanning of any and all User Content for viruses and malware as it is
uploaded. We do not, however, guarantee that Our Web App is secure or free
from viruses or other malware and accept no liability in respect of the same,
as detailed in sub-Clause 18.7.
19.2 You are responsible for protecting your hardware, software, data and other
material from viruses, malware and other internet security risks.
19.3 You must not deliberately introduce viruses or other malware, or any other
material which is malicious or technologically harmful either to or via Our Web
App.
19.4 You must not attempt to gain unauthorised access to any part of Our Web
App, the server on which Our Web App is stored, or any other server,
computer, or database connected to Our Web App.
19.5 You must not attach Our Web App by means of a denial of service attack, a
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distributed denial of service attack, or by any other means.
19.6 By breaching the provisions of sub-Clauses 19.3 to 19.5 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 Web App will cease immediately in the event of
such a breach and, where applicable, your Account will be suspended and/or
deleted.
20. Data Protection Policies
The Use of Our Web App is also governed by Our Privacy and Cookie Policies,
available from Terms and Conditions (actuartech.com). We will only use your
personal data as set out there. These policies are incorporated into these Terms and
Conditions by this reference.
21. Communications from Us
21.1 If you have an Account or are subscribed to our newsletter, We may from time
to time send you important notices by email or through Notifications on the
Web App. Such notices may relate to matters including, but not limited to,
service changes, changes to these Terms and Conditions, changes to Our
Web App, and changes to your Account.
21.2 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. Email marketing
options can also be changed in Your Account preferences. If you opt out of
receiving emails from Us at any time, it may take up to 7 business days for Us
to comply with your request. During that time, you may continue to receive
emails from Us.
21.3 For questions or complaints about email communications from Us (including,
but not limited to, marketing emails), please contact Us at
info@actuartech.com or via Get in touch - Actuartech
22. Other Important Terms
22.1 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.
22.2 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.
22.3 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.
22.4 If any of the provisions of these Terms and Conditions are found to be
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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.
22.5 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.
22.6 Where your access to any of our Training Paths contains any live feed or
forum we will use information supplied by You (including without limitation your
name). You consent to Us doing so for this purpose and acknowledge that
such consent gains you access before you sign up.
22.7 You acknowledge that Our Training Paths contains course content in the form
of assignments or assessments that must be completed by You in order to
progress. This must be completed in some circumstances by a particular date
and to a particular standard.
23. Changes to these Terms and Conditions
23.1 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 Web App after the changes
have been implemented. You are therefore advised to check this page from
time to time.
23.2 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.
24. Contacting Us
To contact Us, please email Us at info@actuartech.com or by using any of the
methods provided on Our contact page at Get in touch - Actuartech
25. Law, Language and Jurisdiction
26.1 The Web App, all Content, these Terms and Conditions, the Contract, and the
relationship between you and Us (whether contractual or otherwise) shall be
governed by and construed in accordance with the law of England & Wales.
They are all in the English language.
26.2 If you are a consumer, any dispute, controversy, proceedings or claim
between you and Us relating to these Terms and Conditions, the Contract, or
the relationship between you and Us (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.
26.3 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.