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Terms and Conditions

Effective: 29-April-2020

THE FOLLOWING TERMS AND CONDITIONS FORM THE BASIS OF YOUR CONTRACT WITH THE COMPANY. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING ACORNSTAR ONLINE TRAINING SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. ALL CONTENT IS STRICLY THE INTELLECTUAL PROPERTY OF ACORNSTAR Ltd and UNDER COPYRIGHT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE ACORNSTAR SOFTWARE OR PURCHASE ANY COURSES.

PLEASE READ THE TERMS AND CONDITIONS IN DETAIL.

This website (the “Website”) is the website owned and operated by Acornstar Ltd (“Acornstar Ltd “us” or “we”), a company registered in Ireland under company number 633167 and with its registered address at Lowtown, Robertstown, Co Kildare, Ireland.

Please read these terms of use of the Website carefully as by using the Website you agree to be bound by them. We reserve the right to vary these terms of use at any time and will post any variations or changes here. You are advised to review these terms of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted. If you do not agree to abide by these terms of use you should not use the Website in any way.

1. Before purchasing or booking the training materials referenced on www.acornstar.com, ensure you review all the terms and conditions.
2. Prior to booking a course, you will be asked to agree to the terms and conditions. If you do not agree, you will not be permitted to book any training materials from Acornstar.

Company Information

1. We are Acornstar Limited, an Irish registered company, and our company number is 633167.
2. You may contact us by through our customer service team via telephone at +353-45-890 384 or by email atinfo@acornstar.com.
3. If you wish to give us formal notice on any of the content of our terms and conditions, please refer to clause 13 for instructions.
4. We provide online and phone support between Monday to Saturday, from 9.00am to 5.00pm, excluding bank holidays. Our online and phone systems will record contact outside these hours.

Your personal information

1. We only use your personal information in accordance with the AcornstarPrivacy Policy and our GDPR Policy.
2. We comply with the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or revised in Europe.
3. Both you and we must comply with all applicable requirements of the Data Protection Laws.

Data Controllers

1. For this agreement, you agree to Acornstar processing personal data that you provide, and any data that you provide will be accurate. If you are providing data that is not your own, but of your company and you are a data controller, that you must have the permissions to provide this data, under the Data Protection Laws. Additionally, you agree that both Acornstar and you as the data controller, are “Joint Data Controllers”, and will both process data at times for operational purposes.
2. Acornstar and you, as joint data controllers warrant to act in accordance with the Data Protection Laws, and further warrant:
   1. to process personal data for the sole use of the provision of online training via our Acornstar Learning Management Software;
   2. that all shared personal data is up to date, accurate and has been collected, processed, stored and transferred in accordance with all applicable data laws;
   3. not to disclose or permit access to the shared personal data outside of the “Joint Data Controllers”;
   4. that all data individual are provided with sufficient information for fair, transparent, ethical, and lawful processing and that you and we have all relevant permissions and consents to share the personal data with each other;
   5. that the shared personal data is transferred in a secure manner using appropriate technical and organisational security measures that comply with the data controller obligations,
   6. to keep all records and information accurate and up to date, and allow when required the data controller on each data controller to access these files;
   7. by act or omission, cause the other data controller to be in breach of any Data Protection Laws;
   8. to notify
   9. to notify quickly, and in a minimum of 9 working days for any individual event, when the data controller becomes aware of any changes in circumstances, any alleged or unlawfulness in the processing of shared data, any change in consent or other requests in respect of the shared personal data, any inaccuracies, and any complaints in respect of the shared personal data;
   10. any personal data breach to data including notification of the Data Protection Authority.
   11. to ensure its own obligations regarding any shared personal data received and coordinating and cooperating with to provide assistance, information and records in compliance to the data protection laws.
3. Online training and data on your progress and interactions may be shared with your colleagues, managers and owners of the company that employes you. Information regarding your interactions on this site may be shared with your employer.  If you do not want this information to be shared, you should contact us immediately and your employer to notify us.
4. This information should only be used to asses training progress and certification. AcornStar Ltd does not share it with any third parties other than the company; they may employ the learners/users.  If you are not happy with this, we recommend that you do not login on the system and notify Acornstar Ltd and your employer immediately.

5. You warrant that you have read and agreed to our Privacy Policy and you consent to our processing your data on this basis. You further understand your rights and obligations under the Privacy Policy.

Our Agreement

1. This Agreement is between you and Acornstar, and no other person shall have any rights to enforce any of the Terms and Conditions contained in it.
2. You confirm that you are authorised to make binding any business that use to book and purchase our training courses and materials.
3. Our Terms and Conditions, and other policies including the privacy policy, the gdpr policy and the cookie policy combine the whole agreement between us and supersedes any previous agreements.
4. You and we agree that on entering the agreement, neither one can claim for innocent or negligent misrepresentation not set out in this agreement.

5. Our courses are sold strictly for training purposes and not for benchmarking or other activities or commercial use.

To place an order directly online or via our customer support service

1. The Acornstar training courses on the enterprise Learning Management System will be discussed with the customer support representative, and a contract agreement made depending on the number of users.
2. The Acornstar training courses on the Acornstarcom page for the Essentials LMS will direct you through the steps required to order from us. This can be reviewed prior to purchasing either by our individual sale system or via the group purchases booking. Please review the order carefully before placing the order.
3. When an order has been place, you will receive a confirmation order. However, please note that this does not mean that your order has been accepted. Confirmation of acceptance is sent to you by our delivery course email (Confirmation Email).
4. If a course is not available, as it was removed or no longer valid, we will send you an email and a refund for the course amount.

Modifying Terms and Conditions right

1. Acornstar review the terms and conditions and at times may make changes. Please refer to the top of the page to see when these were last updated. Each time you make an order, the terms and conditions effective at this time are applicable to the agreement.
2. All information, specifications, systems performance statistics, samples, videos, descriptive matter, media and advertising and any illustrations issued by Acornstar or contained in the Company’s web site, price lists, brochures, posters, promotional literature or advertising matter are intended to present only a general description of the Services at the time of issue. These may be altered, varied or cancelled at any time without notice to you. None of them shall be taken as forming any part of any Order or Contract unless specifically so stated, nor do they provide any warranty (expressed or implied) that the specific results of performance stated in any of them will be obtained.

Delivery of Training Courses and Materials

1. Our training courses and materials are delivered electronically. To access these courses, login details and access information will be provided to users. There are help functions and support services in the event of an error in the access information.
2. Delivery of an Order shall be completed when we provide you with login details to the email address you gave us or was supplied to us by your employer.

Use of Acornstar Learning Management System Software

1. The use of the Acornstar website and Learning Management System is governed the Terms and Conditions.

Our Training Materials and Courses

2. The training materials and courses copyright and all other intellectual property rights in our training materials and training courses, the content and associated promotional and additional materials is owned solely by the company.
3. You are not permitted to copy or reproduce any part of them unless you have obtained written permission from the company.
4. On our standard business training course and materials provision, we only supply for your internal use within your organisation or business. You are not permitted to use these for resale.
5. To resell courses and training materials you must be one of our agreed resellers with the reseller contract and terms and conditions in place.

Quotations

1. Unless stated otherwise in writing, any quotation from Acornstar is valid for thirty days from the date of the sent estimate. Acornstar may withdraw a quotation at any time by notice to you.
2. Any quotation is given on the basis that no agreement will come into effect until the written acknowledgement of order is issued to you or delivers the Services to you.

Price of Courses and other fees

1. The price and cost of the courses are quoted on the site for individual and group sales on the essentials learning management system. For larger numbers of learners, using either the essentials or enterprise learning management system, multi purchases will allow for discounts at different numbers of users. We take all care to ensure the prices are correct at the time of entry but if any errors occur, the service support team will amend.
2. Due to sales and reductions, the prices for our training courses and materials may vary from time to time, but changes will not affect an order already placed.
3. The price of the safety training courses does not include VAT (where applicable). However, if the rate of VAT varies between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Courses in full before the change in VAT takes effect. There may be a charge processing fee for certain payment methods which will be advised to you before you place an order.

Accepted Payments

1. You can pay using a debit card or credit card. We accept the following cards: Visa, Mastercard, Visa Electron, American Express.
2. Subject to our contract, you may request an invoice from us and make payment by bank transfer or cheque.
3. No payment shall be deemed to have been received until the Company has received cleared funds.
4. Payment is otherwise due within 30 days of the date of invoice.

Liability

Nothing in these Terms and Conditions limits or excludes our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation.
3. breach of statutory duty, or otherwise,
4. any loss of profits, sales, business, or revenue;
5. loss or corruption of data, information or software;
6. loss of business opportunity;
7. loss of anticipated savings;
8. loss of goodwill; or
9. any indirect or consequential loss.
10. we do not give any representation, warranties or undertakings in relation to the Courses, in particular, we will not be responsible for ensuring that the training courses are exactly suitable for your purposes or the purposes of any learner within your organisation.

Events outside our control

1. We will not be liable or responsible for any failure or delay in any of our agreement due to events outside of our control.
2. Events include strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, pandemics, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or third party online cloud computing platforms. In this event we will contact you as soon as reasonably possible and arrange a new delivery date with you after the event is over. You may cancel an order affected by more than 30 days.

Communications and Notices

1. Any notice or other communication given by you to us, or by us to you, under or in connection with the Agreement shall be in writing(hen we refer, in these Terms and Conditions, to “in writing”, this will include email) and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service or email. A notice or other communication shall be deemed to have been received if delivered personally, when left at our registered office or such email was sent to the specified info@acornstar.com of the addressee.
2. In proving the service of any notice, it will be enough to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified info@acornstar.com of the addressee.
3. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Cancellation of Services

1. Where you have purchased the Acornstar services via telephone, internet, post or other non-face to face situation you may cancel the contract at anytime within ten working days beginning on the day after the order of services, or, at anytime within ten working days from the date of commencement of the contract, unless you have agreed to the services starting before the end of this period.
2. In each case you will receive a full refund less any cost incurred by Acornstar in developing content or the provision of the services to that point.
3. To cancel an Agreement in accordance with your legal right, you just need to tell us that you have decided to cancel. If you utilise this method to cancel the agreement, we will email you to confirm we have received your cancellation. You may also send us an email atinfo@acornstar.comor contact our Customer Services team by telephone on +353862097877 or by post to us at Acornstar Ltd, Allenwood Enterprise Park, Allenwood. Co Kildare. Ireland. If you decide to email or write to us, please set out full details of your order to allow us to confirm the identity of it. If you send us your notice of cancellation by post or by email, then your cancellation will take effect from the date on which we receive your letter or email.

Transfer of Rights and Obligations

1. Acornstar may transfer our rights and obligations of this Agreement to another organisation, but this will not affect your rights or our obligations set out in the Terms and Conditions. Should you wish to transfer your rights or obligations to another, Acornstar must agree in writing.
2. Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
3. If we fail to insist that you perform any of your obligations under this Agreement, 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.
4. Any dispute or claim arising out of this Agreement or in connection with it or its subject matter or formation (including disputes or claims arising outside the ambit of this agreement) shall be governed by and construed in accordance with the law of Ireland.