Beyond Bendrigg Learning Hub is Bendrigg’s online learning platform, providing training, resources and learning opportunities designed to support inclusive practice and accessible outdoor experiences.
These Terms and Conditions apply to all courses, resources and services made available through the Beyond Bendrigg Learning Hub platform, including Beyond Boundaries in the Outdoors and any future courses released through the platform.
In these Terms and Conditions:
“Account” means the user account used to
access a Course.
“Access Period” means a period of two years
commencing on the Purchase Date.
“Bendrigg” means The Bendrigg Trust
(Charity Number 508450), Bendrigg Lodge, Old Hutton, Kendal, Cumbria LA8 0NR.
“Beyond Bendrigg Learning Hub” means
Bendrigg’s online learning platform through which Courses and digital learning
content are delivered.
“Course” means any online learning module,
training programme or digital learning content made available through Beyond
Bendrigg Learning Hub, including Beyond Boundaries in the Outdoors.
“Customer” means the individual or
organisation purchasing access to a Course.
“Group Licence” means a licence purchased
for access by more than one authorised Learner.
“Learner” means an individual authorised to
access and complete a Course.
“Purchase Date” means the date on which
payment for the relevant Course or licence is received by Bendrigg.
“Website” means the Beyond Bendrigg Learning
Hub at beyondbendrigg.learnworlds.com
and any associated website or subdomain used to provide a Course.
These Terms and Conditions apply to all
purchases and use of Courses made available through Beyond Bendrigg Learning
Hub.
By purchasing, accessing or using a Course,
the Customer and Learner agree to be bound by these Terms and Conditions.
Where a Customer purchases access on behalf
of a Learner, the Customer is responsible for ensuring that the Learner is made
aware of and complies with these Terms and Conditions.
Following receipt of payment, Bendrigg will provide access to the Course.
Access is granted for an Access Period of two years from the Purchase Date, unless a different period is expressly stated in writing at the time of purchase.
At the end of the Access Period, access to the Course may be withdrawn, Course progress and certificates may no longer be available through the platform, and a new purchase may be required to regain access.
Learners are responsible for downloading or retaining any certificate they wish to keep before the Access Period ends.
Bendrigg reserves the right to update, improve, revise or replace Course content during the Access Period, provided that this does not materially reduce the overall learning service purchased.
Each Learner is responsible for maintaining
the security and confidentiality of their Account and login credentials.
Account details must not be shared with
another individual. Customers and Learners must take reasonable steps to
prevent unauthorised access to an Account.
If a Customer or Learner believes that an
Account has been accessed without permission, they must contact Bendrigg as
soon as reasonably possible.
Bendrigg grants each authorised Learner a
personal, non-exclusive and non-transferable licence to access and use the
relevant Course during the Access Period.
The Course is licensed, not sold.
Except with Bendrigg’s prior written
permission, Customers and Learners must not:
- share login details or allow another
person to use an Account;
- reproduce, copy, record, download or
distribute Course content, except where the Course expressly provides a
downloadable resource for the Learner’s own use;
- upload Course content or materials to
another website, learning platform or shared drive;
- use Course content to deliver commercial
or third-party training;
- adapt, alter or create derivative
materials from Course content; or
- remove or alter copyright notices,
trademarks or Bendrigg branding.
Where a Customer purchases a Group Licence,
the number of authorised Learners will be the number stated in the order
confirmation, invoice or other written agreement with Bendrigg.
Each authorised Learner must have their own
Account. A Group Licence and individual Account credentials must not be shared
between Learners or used by more Learners than the number purchased.
Unless otherwise agreed in writing, each
Learner covered by a Group Licence will receive access for two years from the
Purchase Date of the Group Licence.
The Customer is responsible for allocating
licences only to eligible Learners within the purchasing organisation and for
ensuring that those Learners comply with these Terms and Conditions.
A licence may only be transferred or
reassigned to another Learner with Bendrigg’s prior written agreement. Bendrigg
may take into account whether the original Learner has begun or completed the
Course and may refuse a transfer where substantial use has already occurred.
Bendrigg may specify additional
administrative, reporting or access requirements for a Group Licence in the
order confirmation or another written agreement.
Bendrigg reserves the right to suspend or
terminate access if a Group Licence is shared, exceeded or otherwise used in
breach of these Terms and Conditions. No refund will be payable where access is
suspended or terminated due to such a breach.
All intellectual property rights relating to a Course, including text, videos, audio, graphics, downloads, assessments, branding, learning methods and supporting materials, remain the property of Bendrigg or its licensors.
Nothing in these Terms and Conditions transfers ownership of those rights to the Customer or Learner.
Where a Course includes certification, a certificate will only be issued when the Learner has successfully completed all required elements of the Course.
Bendrigg reserves the right to withhold, withdraw or invalidate a certificate where there is evidence of Account sharing, fraudulent completion, misuse of the platform or another breach of these Terms and Conditions.
The Price payable will be the Price
displayed at the time of purchase or otherwise agreed in writing.
Payment must be received before access is
granted, unless Bendrigg has agreed alternative payment terms in writing.
Prices include VAT where applicable.
Where the Customer is a consumer (i.e. an
individual acting for purposes that are wholly or mainly outside their trade,
business, craft, or profession), any statutory cancellation rights will apply. The
Customer loses the right to cancel once the Course has been started.
Any cancellation or refund request should
be sent to beyond@bendrigg.org.uk.
Where no statutory right applies, refunds
after Course access has been provided will be at Bendrigg’s reasonable
discretion.
Refunds will not normally be provided where
the Course has been completed, a certificate has been issued, access has been
substantially used, the Access Period has expired, or access has been suspended
or terminated because these Terms and Conditions have been breached.
Bendrigg will use reasonable care to ensure
that Course content is accurate and appropriate at the time it is published.
Course content is provided for educational
and informational purposes. Learners and organisations remain responsible for
applying the learning appropriately within their own role, setting, policies,
risk assessments and legal responsibilities.
Unless Bendrigg expressly states otherwise,
completing a Course does not create a regulated professional qualification,
confer accreditation, guarantee competence or authorise a Learner to undertake
an activity for which separate training, assessment, supervision or
qualification is required.
Bendrigg does not guarantee any particular
result from completing a Course.
Bendrigg will use reasonable endeavours to
maintain access to Beyond Bendrigg Learning Hub and its Courses but does not
guarantee uninterrupted or error-free availability.
Access may be temporarily unavailable
because of maintenance, upgrades, platform or internet failures, security
issues or events beyond Bendrigg’s reasonable control.
The Customer and Learner are responsible
for having a suitable device, internet connection, browser and any other
technology required to access the Course.
Where
reasonably practicable, Bendrigg will seek to restore access or provide an
alternative solution following a significant interruptionCustomers and Learners must not use the
Website or Course in any way that is unlawful, fraudulent, abusive, harmful,
discriminatory, threatening or likely to damage or disrupt the Website,
platform, Course, Bendrigg or another user.
Customers and Learners must not attempt to
gain unauthorised access to any Account, system, data or restricted part of the
Website.
Bendrigg will process personal information in accordance with applicable UK data protection law and Bendrigg’s Privacy Policy.
Personal information may be used to administer Course access, process payment, provide support, monitor progress and completion, issue certificates, manage Group Licences and improve Bendrigg’s services.
Further information is available in the privacy notice linked from the Website.
Nothing in these Terms and Conditions limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any matter for which liability cannot lawfully be limited or excluded.
Subject to the paragraph above, Bendrigg’s total liability arising out of or in connection with a Course will not exceed the amount paid by the Customer for the relevant Course or licence.
Bendrigg will not be liable for any indirect or consequential loss, including loss of income, business, opportunity, anticipated savings, data, reputation or goodwill.
Bendrigg will not be responsible for losses arising from a Customer’s or Learner’s failure to follow Course guidance appropriately, failure to maintain suitable systems or internet access, or unauthorised use caused by the sharing of Account credentials.
Bendrigg will not be liable for a failure
or delay in providing the Course where this results from circumstances beyond
Bendrigg’s reasonable control.
Bendrigg will use reasonable endeavours to
restore access or provide an alternative solution where reasonably practicable.
Bendrigg may suspend or terminate access to
an Account or Course where a Customer or Learner breaches these Terms and
Conditions, shares Accounts or licences, exceeds the number of Learners
purchased, infringes intellectual property rights, engages in fraudulent
activity, or misuses the Website or Course.
Where the breach can reasonably be
remedied, Bendrigg may give the Customer or Learner an opportunity to remedy it
before terminating access. Bendrigg may suspend access immediately where
necessary to protect the platform, Course content, Bendrigg or other users.
No refund will be payable where access is
suspended or terminated because of a breach of these Terms and Conditions.
Bendrigg may make reasonable changes to the Website, Course content or these Terms and Conditions to reflect changes in law, technology, platform requirements, good practice or Bendrigg’s services.
Changes will not remove a Customer’s accrued statutory rights. Where a change materially affects an existing purchase, Bendrigg will take reasonable steps to notify the affected Customer or Learner.
The Website or Course may include links to
third-party websites or services. Bendrigg is not responsible for third-party
content, availability or privacy practices unless expressly stated otherwise.
Course delivery may depend on services
provided by the e-learning platform host and other technology suppliers.
Questions, cancellation requests and other communications relating to a Course should be sent to beyond@bendrigg.org.uk or to Bendrigg Trust, Bendrigg Lodge, Old Hutton, Kendal, Cumbria LA8 0NR.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue in effect.
A failure or delay by Bendrigg in enforcing a right does not waive that right.
No person other than Bendrigg, the Customer and an authorised Learner has any right to enforce these Terms and Conditions.
These Terms and Conditions, together with the order confirmation and any additional written licence terms, form the entire agreement relating to the relevant Course purchase.
The parties will seek to resolve any dispute arising out of or in connection with these Terms and Conditions through good faith discussions.
If a dispute cannot be resolved informally, the parties agree to consider mediation before commencing legal proceedings.
These Terms and Conditions are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
