Terms and conditions

Welcome to CPD Hub, our CPD course directory for Osteopaths and Chiropractors located at www.cpdhub.co.uk (our “Directory”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and CPD Hub governing the use of our Directory and our Services. We licence use of our Directory to you on the basis of these Terms. We do not sell our Directory to you, and we remain the owner of our Directory at all times.

1. ABOUT US
   • We are CPD Hub, London, UK (“CPD Hub”, “we”, “us”, or “our”).
   • To contact us, please email jane@cpdhub.co.uk, or call us on +44 7828 171228.
   • These Terms were last updated on Friday, 14th of June, 2024, and are the current and valid version.
   • The name CPD Hub as well as related names, marks, emblems and images are copyright of CPD Hub. All rights reserved © 2024 CPD Hub.

2. TERMS OF USE
   • The provisions set out in these Terms govern your access to and your use of our Directory and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Directory.
   • Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Directory on these Terms.
   • By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Directory, you agree and acknowledge that:
     • you have read the terms set out in these Terms and agree to be bound by and comply with them;
     • you are at least 18 years old; and
     • you shall ensure that all Users of your Account abide by these Terms.
   • You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
   • If you are using our Directory and Services on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
   • We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Directory or any other products, services, affiliated websites and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
   • Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Directory or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
   • The following additional terms also apply to your use of our Directory and form part of these Terms:
     • Our Privacy Policy
     • Our Cookie Policy

3. OUR DIRECTORY
   • CPD Hub merely provides the technical and organisational infrastructure to allow continuing professional development course providers (“CPD Course Providers”) to advertise certain CPD courses for Osteopaths and Chiropractors (“Advertisements”) and interested parties and visitors (“Inserted Parties”) of the website to contact and enter into certain contracts with CPD Course Providers. For the purpose of these Terms Inserted Parties and CPD Course Providers are collectively referred to as “Users”.
   • CPD Hub does not itself become a contracting party to the contracts concluded exclusively between the Users. Users themselves are responsible for compliance with legal requirements and the assertion of claims arising from the contracts they have concluded. In particular, CPD Hub does not guarantee: i) the accuracy and completeness of the statements and declarations made by CPD Course Providers in relation to the Services offered, ii) the Services offered as such; and iii) the conduct and performance of the relevant CPD Course Providers.
   • The content published by the respective CPD Course Providers is generally not reviewed by CPD Hub and does not represent the opinion of CPD Hub.
   • CPD Hub assumes no liability for the content that CPD Course Providers provide, nor the ability to fulfil the requirements for a by the CPD Course Providers advertised service or also any information provided by the CPD Course Providers.
   • CPD Hub reserves the right to delete a CPD Course Providers’ profile in the case of false information and gross violations of these Terms without prior notification or naming of reasons. In the case of gross deception, falsification of documents or other wilful misrepresentation, CPD Hub will take appropriate action, including legal action.

4. UPLOADING CONTENT TO OUR DIRECTORY
   • You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Directory complies with our Privacy Policy, Acceptable Use Policy, the UK’s Data Protection Act (“DPA”) and the EU’s General Data Protection Regulation (“GDPR”) and any other applicable laws.
   • You are fully responsible for your content uploaded to our Directory. We will not be responsible, or liable to any third party, for: i) the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Directory; or ii) the loss of any content or data provided to us by you. You should keep a record of all such content and data.
   • We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
   • We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Directory.
   • We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Directory constitutes a violation of their rights under applicable law.
   • We have the right to delete any content uploaded to our Directory if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.

5. SUBMISSION OF ADVERTISEMENT(S)
   • The CPD Course Provider will submit any and all Advertisements to CPD Hub according to CPD Hub’s advertising submission specifications provided to CPD Course Provider in writing.
   • CPD Hub may, in its good faith and reasonable judgement, reject any Advertisement which is not in the proper format, and/or reject any link to an Advertised Site which is not materially functional and/or which CPD Hub considers unsuitable for linking to the Advertisement; provided, however, that CPD Hub shall first provide CPD Course Provider with a detailed description of any non-compliance along with a reasonable opportunity to cure any such defect(s) (subject to all applicable deadlines as set forth herein). If CPD Hub rejects an Advertisement and the CPD Course Provider is unable or unwilling to comply with CPD Hub’s submission guidelines, then placement and hosting of the applicable Advertisement shall be deemed cancelled.
   • CPD Hub agrees that it will use all commercially reasonable efforts to protect any and all materials supplied to CPD Hub hereunder by or on behalf of CPD Course Provider. Notwithstanding the foregoing, CPD Hub will not be liable for any loss, cost or damage thereto, but only to the extent that any such loss, cost or damage is not due to the negligence or willful misconduct of CPD Hub (or its employees or agents). In the event that any such loss, cost or damage arises out of CPD Hub’s (or an employee or agent of CPD Hub) actions or inactions, CPD Hub shall promptly reimburse CPD Course Provider for all reasonable costs associated with the replacing or fixing such materials.
   • CPD Course Provider warrants and undertakes that all Advertising will comply with all statutory and legal requirements and regulations from time to time in force including the British Code of Advertising Sales Promotion and Direct Marketing (edition 11) (or such replacement or supplementary code as issued from time to time) and acknowledges that it is CPD Hub’s business policy to conduct advertising campaigns in general in a manner so as not to:
     • send unsolicited (i.e., spam) email to recipients; promulgate advertising that is, in any way, false or misleading;
     • misuse or misappropriate another party’s intellectual property and/or other third party rights of any kind;
     • send obscene messages to any recipients; and/or use email or other forms of messaging to conduct illegal or immoral activities of any kind as per current, applicable law.
   • Each party further agrees that it will cooperate with the other party in all reasonable respects in its efforts to respect any user’s privacy wishes and requests to be unsubscribed from receiving email.

6. ADVERTISEMENT FEES
   • Placement of Advertisements require payment of fees (“Fees”). These Fees will be notified to the CPD Course Provider through our pricing plan.
   • Any Fees due in relation to the CPD Course Providers Account must be paid by their due date for payment, as notified to the CPD Course Provider through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to the CPD Course Provider Account and/or our Directory or any of the Advertisement Services.
   • Our Fees may be amended from time to time at our discretion. We will provide the CPD Course Provider reasonably advanced written notice of any amendment of recurring Fees.
   • The CPD Course Provider shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
   • All payments shall be made by using the payment methods specified by us from time to time. The CPD Course Provider acknowledges and agrees that it is subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with the CPD Course Provider’s chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
   • We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
   • Unless otherwise notified in writing by us, termination of the CPD Course Provider;s Account for any reason whatsoever shall not entitle the CPD Course Provider to any refund of the Fees.

7. ACCEPTABLE USE POLICY
   • You may use our Directory only for lawful purposes. You may not use our Directory:
     • in any way that breaches any applicable local or international laws or regulations;
     • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
     • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
     • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
   • You also agree:
     • not to reproduce, duplicate, copy or re-sell any part of our Directory in contravention of the provisions of our Terms; and
     • not to access without authority, interfere with, damage or disrupt:
     • any part of our Directory;
     • any equipment or network on which our Directory is stored;
     • any software used in the provision of our Directory; or
     • any equipment or network or software owned or used by any third party.
   • Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
     • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Directory nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Directory or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
     • not to provide or otherwise make available our Directory in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
     • to include our copyright notice on all entire and partial copies you make of our Directory on any medium;
     • to comply with all applicable technology control or export laws and regulations; and
     • not to disrupt, disable, or otherwise impair the proper working of the Services, our Directory or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

8. INTELLECTUAL PROPERTY RIGHTS
   • You acknowledge that all intellectual property rights in our Directory anywhere in the world belong to us, that rights in our Directory are licensed (not sold) to you, and that you have no rights in, or to, our Directory other than the right to use them in accordance with these Terms.
   • Any intellectual property rights in content uploaded by you to our Directory shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Directory.
   • You acknowledge that you have no right to have access to our Directory in source code form.
   • You must not use any part of the content on our Directory for commercial purposes not specified on our Directory without obtaining a licence to do so from us or our licensors.

9. WARRANTIES
   • While we make all efforts to maintain the accuracy of the information on our Directory, we provide the Services, Directory and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
   • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Directory or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Directory, the related content, or electronic communications sent by us are free of viruses or other harmful components.
   • You agree that your use of the Directory is at your sole risk. You will not hold CPD Hub or its third-party service providers, licensors or suppliers, as applicable, responsible for any loss or damage that results from your access to or use of the Directory , including without limitation any loss or damage to any of your computers or data.

10. TECHNICAL REQUIREMENTS AND RESPONSIBILITY
    • Users are responsible for ensuring that the technical requirements for access to and use of the respective services are met.
    • This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software.
    • The User shall carry out necessary and reasonable adjustment measures himself/herself and shall bear the costs for the Internet connection in order to be able to access the services.
    • CPD Hub does not guarantee that the services offered can actually be used with the User’s device.

11. LIMITATION OF LIABILITY
    • We are not liable for the completeness, accuracy or correctness of any information uploaded on our Directory and any related content. You expressly agree that your use of the Services and our Directory, including reliance on any CPD Course Providers’ information, is at your sole risk.
    • You agree not to use the Services, our Directory and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Directory or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Directory. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Directory which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

12. INDEMNITY

You agree to indemnify and hold us, our related corporations and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Directory, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

13. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.