AcornStar Ltd — Terms and Conditions (LMS)
Effective date: 02 October 2025
Last updated: 02 October 2025
1. Who we are and how to contact us
1.1 We are AcornStar Ltd (company number 633167), registered in Ireland.
1.2 Registered office: Lowtown, Robertstown, Co. Kildare, Ireland.
1.3 Email: info@acornstar.com | Phone: +353 45 890 384
1.4 These Terms govern access to and use of our websites and learning management system (together, the Services).
2. Agreement to these Terms
2.1 By accessing or using the Services, creating an account, or placing an order, you agree to these Terms and the documents referenced in them.
2.2 If you do not agree, do not use the Services or purchase any courses.
2.3 We may update these Terms from time to time. For material changes, we will provide advance notice where reasonable. The “Last updated” date shows the current version. Continued use after changes indicates acceptance.
3. Related policies and documents
3.1 Privacy Notice (how we process personal data).
3.2 Cookie Policy (use of cookies and similar technologies).
3.3 Data Processing Addendum (DPA) for Business customers where we act as a processor (available on request).
3.4 Any order form, proposal, or written statement of work (each an Order).
(Collectively, the Agreement).
4. Definitions
- Consumer: an individual acting for purposes wholly or mainly outside their trade, business, craft or profession.
- Business Customer: any customer that is not a Consumer (e.g., companies purchasing access for employees).
- Courses: digital content and training materials made available via the Services.
- LMS: AcornStar Learning Management System (including the “Essentials” and “Enterprise” offerings).
- User: an individual with access credentials (e.g., learner, admin).
5. Using the Services
5.1 Licence. We grant you a non-exclusive, non-transferable, revocable licence to access the Services and Courses for the applicable term, solely for training and internal use.
5.2 No resale unless you have a signed reseller agreement.
5.3 Acceptable use. You must not: (a) share credentials; (b) copy, frame, scrape, or reverse engineer; (c) upload unlawful, infringing, or harmful content; (d) interfere with security or integrity; (e) bypass access controls; (f) use the Services to benchmark or build a competing product.
5.4 We may suspend access for security risk, suspected misuse, or non-payment (Business) and will notify you where reasonable.
6. Intellectual property
6.1 The Services and Courses (including text, videos, questions, images, software, and branding) are the intellectual property of AcornStar Ltd or our licensors and are protected by copyright and other IP laws.
6.2 Except for the limited licence in clause 5.1, no rights are granted.
6.3 You must not reproduce, distribute, publicly display, or create derivative works from the Courses or Services except as expressly permitted in the Agreement.
7. Ordering, accounts, and access
7.1 Placing orders. Orders may be placed via our website checkout or through our support team. Please review your Order carefully before submitting.
7.2 Formation of contract. A binding contract forms on the earlier of: (a) our Order Confirmation email; or (b) the moment we first provide access credentials.
7.3 Availability and access. Courses are delivered electronically. We aim for high availability but do not guarantee uninterrupted service. We may schedule maintenance (we’ll try to do so outside Irish business hours).
7.4 Support. Monday–Saturday, 09:00–17:00 (Ireland time), excluding Irish public holidays. Queries outside hours may be recorded and answered the next business day.
8. Pricing, taxes, and payment
8.1 Prices are shown at checkout or in your Order. VAT applies where required; if VAT rates change, we may adjust amounts unless already paid in full.
8.2 We accept major debit/credit cards; Business Customers may pay by invoice (subject to approval). Invoiced amounts are due within 30 days of invoice date.
8.3 No payment is deemed received until cleared funds arrive. We may suspend for late or failed payment.
9. Consumer Terms (apply only where you are a Consumer)
9.1 Legal rights. For Consumers, the Consumer Rights Act 2022 provides statutory rights for digital content/services. Nothing in these Terms limits those rights.
9.2 Right to withdraw (cooling-off). You have 14 calendar days from the day after the contract is concluded to withdraw without giving any reason.
9.3 Digital content exception. If you opt for immediate access to Courses during the cooling-off period, you expressly consent to start delivery and acknowledge that you lose the right to withdraw once delivery begins.
9.4 Refunds. If you withdraw within 14 days and delivery has not started, we will refund all payments received without undue delay (and in any event within 14 days of notice).
9.5 How to withdraw. Email info@acornstar.com with your name, order reference, and a clear statement of withdrawal. We will confirm receipt by email.
10. Business Terms (apply only where you are a Business Customer)
10.1 No consumer rights. The Consumer Terms do not apply to Business Customers.
10.2 Order quantities & seats. User licences are named (unless otherwise stated) and not transferable except on employee turnover.
10.3 Renewals. Unless your Order states otherwise, subscriptions renew for successive terms at then-current rates; you may opt out before the renewal date by written notice.
10.4 Liability cap. Subject to clause 16.1, our aggregate liability arising out of or in connection with the Agreement (whether in contract, tort, or otherwise) shall not exceed the total fees paid or payable by you to us in the twelve (12) months preceding the event giving rise to the claim.
10.5 Excluded losses. We exclude: loss of profits, revenue, business, goodwill, anticipated savings; loss or corruption of data; and all indirect or consequential loss, in each case to the maximum extent permitted by law.
10.6 Warranties. We will provide the Services using reasonable skill and care. Except as set out in the Agreement, the Services are provided “as is” and we disclaim all other warranties to the fullest extent permitted by law.
11. Privacy and data protection
11.1 We process personal data in accordance with our Privacy Notice, the EU GDPR, and the Data Protection Act 2018.
11.2 Role allocation.
(a) Enterprise/B2B scenario (typical): the employer is the controller; AcornStar acts as processor. The DPA (Art. 28 GDPR) applies and forms part of this Agreement (available on request).
(b) Self-serve Consumer scenario: AcornStar is typically the controller for your account data.
(c) Joint Controllers. Only where we and a customer jointly determine purposes and means of processing will we act as Joint Controllers, in which case a transparent Article 26 arrangement will set out respective responsibilities and the essence of that arrangement will be made available to data subjects.
11.3 Security & sub-processors. We implement appropriate technical and organisational measures and may use vetted sub-processors. We remain responsible for their performance and will provide notice of material changes where required.
11.4 International transfers. Where data is transferred outside the EEA, we will rely on valid transfer mechanisms (e.g., Standard Contractual Clauses) and additional safeguards as appropriate.
11.5 Data subject rights. Individuals may exercise rights of access, rectification, erasure, restriction, portability, and objection by contacting info@acornstar.com. You also have the right to lodge a complaint with the Irish Data Protection Commission.
11.6 Breach notification. If we act as processor, we will notify the controller without undue delay after becoming aware of a personal data breach. If we act as controller, we will notify the supervisory authority without undue delay and, where feasible, within 72 hours, and affected individuals where required.
11.7 Training data and employer visibility. In Business deployments, user progress, assessments, interactions and audit logs may be visible to your employer (controller) for legitimate employment/training purposes, as detailed in the Privacy Notice.
12. Cookies and ePrivacy
12.1 Non-essential cookies require your consent. Our Cookie Banner provides granular choices. For details, see our Cookie Policy.
12.2 You can change or withdraw consent at any time through your browser settings or the Cookie Banner controls.
13. Communications & notices
13.1 We’ll communicate primarily by email. Notices under the Agreement must be in writing and sent by email or prepaid post/courier to the addresses above (or any updated address notified in writing).
13.2 A notice is deemed received: (a) on delivery, if delivered by hand; (b) two business days after posting within Ireland; (c) at the time of sending if sent by email without bounce-back (Ireland time).
14. Cancellations and refunds (Business)
14.1 Where permitted by your Order, Business Customers may cancel with written notice; fees already incurred or committed (including bespoke content) are non-refundable unless otherwise agreed.
14.2 We may cancel or suspend for material breach (including non-payment) if not cured within 14 days of notice.
15. Termination and consequences
15.1 Either party may terminate for material breach if not remedied within 30 days of notice, or immediately if not remediable.
15.2 On termination: (a) access ceases; (b) you must stop using the Services and delete any downloaded materials not expressly permitted to be retained; (c) we will delete or return personal data per the DPA (Business) or Privacy Notice (Consumer), subject to legal retention obligations; (d) certificates earned during a valid term remain valid unless obtained by breach or fraud.
16. Liability and disclaimers (all users)
16.1 Non-excludables. Nothing excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
16.2 Training suitability. We do not guarantee the Courses will meet every specific requirement of a user or employer. Advice and content are for training purposes only; you remain responsible for compliance decisions in your organisation.
16.3 Availability. While we aim for high uptime, the Services may be unavailable due to maintenance, outages, or events beyond our reasonable control.
17. Service changes
17.1 We may modify features, content, or availability to improve the Services or respond to legal or security requirements. Where a change has a material adverse impact, we will provide reasonable notice and, for Consumers, suitable remedies where required by law.
18. Children
18.1 The Services are not intended for children under 16 unless provided through an educational institution or employer with appropriate consents and safeguards. Do not register if you are under 16 without appropriate authorisation.
19. Events outside our control
19.1 We are not liable for delay or failure caused by events outside our reasonable control (including strikes, civil disturbance, war, terrorism, pandemics, natural disasters, utility or cloud provider failures). We will take reasonable steps to mitigate and resume performance.
20. Transfer of rights
20.1 We may assign or transfer our rights and obligations under the Agreement. You may not assign without our prior written consent, such consent not to be unreasonably withheld for Business Customers.
21. Severability and no waiver
21.1 If any provision is found unlawful or unenforceable, the remainder remains in effect.
21.2 A delay or failure to enforce a right is not a waiver of that right.
22. Governing law and jurisdiction
22.1 The Agreement and any dispute arising out of or in connection with it are governed by the laws of Ireland.
22.2 For Business Customers, the parties submit to the exclusive jurisdiction of the Irish courts. For Consumers, you may bring proceedings in your local courts where mandatory consumer protections apply.
Schedule A — Consumer Withdrawal Information (EU/Ireland)
Right to withdraw: You have 14 days from the day after the contract is concluded to withdraw without reason.
How to exercise: Email info@acornstar.com with your name and order reference, stating you wish to withdraw.
Effects of withdrawal: We will refund all payments received within 14 days of your notice, using the same payment method where possible.
Digital content exception: If you requested immediate access to the Course during the withdrawal period and acknowledged losing the right to withdraw once delivery starts, you will not have the right to withdraw after access begins.
Schedule B — Data Protection Summary
- Controller/Processor: In employer deployments, the employer is controller; AcornStar is processor under a DPA (available on request).
- Security: Appropriate technical/organisational measures; role-based access; logging.
- Sub-processors: List available on request; we remain responsible for their performance.
- International transfers: SCCs or other valid mechanisms with supplementary measures where appropriate.
- Retention: Training records retained for the duration of the contract and a reasonable period thereafter to evidence compliance, unless a different period is agreed or required by law.
- Breach: Processor→Controller without undue delay; Controller→DPC without undue delay and, where feasible, within 72 hours of awareness.
- Rights: Access, rectification, erasure, restriction, portability, objection; contact info@acornstar.com.
Final tidy-ups you may want to make on your side
- Replace “available on request” notes (DPA, sub-processors) with your live links if you have public pages.
- Confirm your registered office and any trading address you want to show.
- If you offer SLAs to enterprise customers, add them as a separate schedule or service description.
If you’d like, I can also provide a tracked-changes version against your 2020 text, or produce a Consumer-only and Business-only PDF.