Mental Capacity in Practice

Terms and Conditions Of Use

Mental Capacity in Practice: What good looks like is an online learning platform provided by MMG Health and Social Care Consultancy and Training Ltd. The course is designed for all staff involved in decision making with vulnerable people, and students who intend to follow a career in related professions.

The following terms and conditions (“Terms”) apply to our provision and your use of the information, services, courses and materials (“Online Content”) through our website (“Website”) including you visiting and browsing the website (being a “Visitor”) and registering with us as a student (a “Learner”) in order to this online course (“Course).


These Terms should be read alongside and are in addition to our privacy policy (“Privacy Policy”).

Please take the time to read these Terms as they include important information and terms which will apply to you.

1. ABOUT US

1.1 In these Terms, references to “we”, “us” or “our” are references to MMG Health and Social Care Consultancy and Training Limited, a company incorporated in England and Wales (company number 06826340) and whose registered address is 20-22 Wenlock Road, London N1 7GU.

1.2 If you (the Subscribing Agency) have any questions about these Terms or wish to contact us for any reason, please visit our ‘contact us’ page.

2. USING THE WEBSITE

By using the Website (either as a Visitor or as a Learner) you confirm that you (The Learner and Subscribing Agency) have read these Terms and agree to comply with them. By you or your, we mean the Subscribing Agency and the Learner

3. LEARNER AND VISITOR CONDUCT

3.1 Your use and access of the Website and the Online Content is subject to the following conditions (“Acceptable Use Conditions”) and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:

3.1.1 You agree to use the Website and access the Online Content only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

3.1.2 You agree not to use the Website for the purpose of harming or attempting to harm anyone in any way;

3.1.3 you agree not to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (as defined below);

3.1.4 you agree not to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

3.1.5 you agree not 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 or the Website or Online Content generally;

3.1.6 you agree not to record, reproduce, transmit, broadcast, display, sell, licence or otherwise exploit any part of the Website or the Online Content or Courses for any purposes other than as permitted by these Terms without our prior written consent;

3.1.7 you agree not to distribute all or any part of the Website or Online Content in any medium without our prior written consent;

3.1.8 you agree not to access without authority, alter or interfere with, damage or disrupt any part of the Website or Online Content, any equipment or network on which our Website is stored, any software used in the provision of our Website, or any equipment or network or software owned or used by any third party.

3.1.9 you agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website or the Online Content.

3.1.10 you agree not to give out, ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content;

3.1.11 you agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;

3.1.12 you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms (including our Privacy Policies);

3.1.13 You agree that you will comply with all of the other provisions of the Terms at all times during your accessing of the Website and use of the Online Content.

3.2 By posting content on the Website (making “Contributions”) you warrant that the Contribution complies with the Acceptable Use Conditions, house rules, any relevant laws and regulations in force from time to time and you warrant that the Contribution complies with the following standards (“Content Standards”):

3.2.1 Contributions must be accurate (where they state facts), be genuinely held (where they state opinions), and comply with applicable law in the UK and in any country from which they are posted;

3.2.2 Contributions must not contain any material which is defamatory, obscene, offensive, hateful or inflammatory;

3.2. 3 Contributions must not promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

3.2.4 Contributions must not infringe any copyright, database right or trade mark of any other person;

3.2.5 Contributions must not be likely to deceive any person or be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

3.2.6 Contributions must not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

3.2.7 Contributions must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

3.2.8 Contributions must not give the impression that they emanate from us, if this is not the case;

3.2.9 Contributions must not contain any personal information about you.

3.3 You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of the warranties contained in clause 3.2 above.

3.4 If you do make any Contributions you grant us a non-exclusive royalty free perpetual irrevocable right and licence to reproduce, modify, edit, adapt, publish, distribute and display such Contributions in any and all media and authorise others to do so. You further agree to irrevocably and unconditionally waive all moral rights which you may have in respect of any Contributions posted by you on the Website.

3.5 If you discover any material or behaviour of other Learners or visitors which you think is unacceptable or in breach of these Terms you should report it to us and we will deal with it at our discretion.

3.6 In the event that you post any content that breaches the provisions of these Terms, we reserve the right to remove that content or disable access to it and to respond to any complaints made by a third parties in respect of that content. We will not be liable to you if we remove any content because we believe that such content breaches the provisions of these Terms.

3.7 You acknowledge and agree that the form and nature of the Website and Online Content which we provide may change from time to time without prior notice to you.

3.8 Whilst we do all we can to ensure that the Online Content is of a high standard, you understand and acknowledge that, in using the Website and Online Content, you may be exposed to content that is factually inaccurate. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

3.9 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.

4. REGISTRATION AND ACCOUNTS

4.1 Any Visitor can view the Website, but in order to access some of the Online Content you will need to purchase the Course in accordance with clause 5 below. Once you have purchased the Course you will receive a unique identifier and you will be able to create a Learner Account

4.2 You agree (in addition to your obligations as a Learner and a Visitor) that you:

4.2.1 Will not set up multiple Learner Accounts;

4.2.3 Will not let anyone else use your Learner Account or supply anyone else with or publish your Learner Account username and password.

4.3 You must notify us immediately of any unauthorised use of your identifier or password or if you believe that your user name or password are no longer confidential.

4.4 We reserve the right to monitor your Learner Account and to suspend or terminate your access and use of the Website and your enrolment in the Online Content, Courses and Programmes if you breach or reasonably appear to us to have breached any of these Terms.

5. PAYMENT

5.1. If you decide that you would like to subscribe to the Course contact us to arrange payment

5.2 After you place an order and pay for a Course or Programme, you will receive an email from us accepting your offer to purchase a Course or Programme (the “Confirmation”). The Confirmation will include your log in details to enable you to access your Learner Account.

5.3 A legally binding contract governed by English law (“the Contract”) will come into existence between you and us at the point at which we send you the Confirmation.

5.4 We reserve the right from time to time to change the amount of the Course fee.

6. YOUR RIGHT TO CANCEL

6.1 If you change your mind within 14 working days of purchasing a Course or Programme please email us and let us know. If you are entitled to a refund of any Course or Programme fee this will be paid to you within 30 days of the date of cancellation.

6.2 You agree that you will lose your right to cancel the Course or Programme and get a refund of any Course or Programme fee you have paid if you have been provided with login details.

7. LICENCE TO USE

7.1 Subject to your compliance with these Terms, we hereby grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence (the “Licence”):

7.1.1 to access, internally use and display the Website and Online Content and Courses as an individual only at your work location solely as necessary to browse and/or participate in the Online Content, Courses and Programmes as permitted by these Terms; and

7.1.2 to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.

7.2.The Licence will last for up to 2 years from launch of course after which time the Licence will automatically lapse and the Course will expire, unless otherwise negotiated

7.2.1.This means that you cannot ‘keep’ the Course, and it is not yours to sell or give to anyone else. You must access and complete the Course or Programme within the Access Period. If you fail to complete the Course or Programme within the Access Period you will need to renegotiate the Course/Programme.

7.3. You must abide by all copyright notices or restrictions contained on the Website or the Online Content, and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content, Courses and Programmes.

7.4 We reserve the right to cancel, interrupt or reschedule any Course or Programme or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress.

8.1 Any content included on the Website or the Online Content and Courses that infringes the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement.

8.2 We will, acting in our sole discretion, terminate Learner accounts and access to the Website and Online Content and Courses if a Learner has been notified of infringing activity twice or more (regardless of whether the Learner has taken appropriate action as we may direct).

9. OUR INTELLECTUAL PROPERTY RIGHTS

9.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses”).

9.2 The Online Content and Courses is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in clause 7 above.

9.3 Other than any content submitted to the Website by you, we own or are licensed to use all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“ORA Prep IPR”).

9.4 If any Online Content and Courses vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses , as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses.

9.5 You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.

9.6 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

10.PRIVACY AND SECURITY

We respect your right to privacy.

10.1 We issue you with a unique identifier

10.2 We do not hold any personal data on the website.

11. LINKING TO OTHER SITES

11.1 The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.

11.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

11.2.1 we have no responsibility for the accuracy or availability of information provided by Linked Sites, and

11.2.2 We do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.

11.3 We may remove any links to Linked Sites from the Website at any time for any reason.

11.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.

11.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.

12. YOUR LIABILITY TO US

12.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:

12.1.1 you submitting your content to the Website or participating in the Online Content and Courses;

12.1.2 your access to or use of the Website or Online Content and Courses;

12.1.3 your breach of any of these Terms; and

12.1.4 any negligent act or omission, deliberate default or breach of statutory duty on your part.

12.2 In addition, you agree to keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from any claims that the content on the Website or Online Content and Courses (or its use) infringe the intellectual property rights of third parties.

12.3 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.

12.4 This paragraph 13 survives the end of these Terms.

13. OUR LIABILITY TO YOU

13.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.

13.2 The Website and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.

13.3 We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. This includes:

13.3.1 any loss of profit (directly or indirectly);

13.3.2 any loss of goodwill;

13.3.3 any loss of opportunity; or

13.3.4 any loss of data suffered by you.

13.4 We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them. We do not warrant that defects in the Website or Online Content and Courses will be corrected.

13.5 Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect.

13.6 We accept no responsibility for any loss or damage incurred by you as a result of:

13.6.1 any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;

13.6.2 any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;

13.6.3 the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;

13.6.4 your failure to provide us with accurate account information; and

13.6.5 your failure to keep your account details secure and confidential.

13.7 We reserve the right to suspend your use of the Website and/or access to the Website, Online Content and Courses at any time for operational, regulatory, legal or other reasons.

13.8 We may terminate your account or use of the Website with immediate effect:

13.8.1 if you or any Learner you are connected with breach any of these Terms;

13.8.2 in order to prevent any fraudulent, unlawful or abusive activity; or

13.8.3 if it is necessary to prevent or stop any harm or damage to us, other Learners of the Website or the general public.

13.9 The exclusions and limitations of liability contained in this clause and in these Terms do not apply to any loss or damage resulting from death or personal injury caused by our negligence, or loss or damages arising from our fraudulent representation, or any other losses which may not be excluded or limited by law.

13.10 Each provision of this clause shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply and the validity of the remainder of these Terms shall not be affected.

14. FORCE MAJEURE

Without prejudice to Clause 14, MMG Health and Social Care Consultancy and Training Limited shall not be deemed to be in breach of these Terms or otherwise be liable to a Learner or a Visitor for non-performance or part-performance only or delay in performance of any obligation under these Terms arising out of circumstances beyond its control of which it has notified at any time to the Learner including but not limited to occurrences or threatened or suspected occurrences of activities of suspected terrorists, human or animal disease, fire or flood, disruption to air traffic, withdrawal or non-availability of services or facilities by any third party, or direction of any competent local or national authority or fear of any such.

15. ASSIGNMENT

15.1 These Terms and the Contract are personal to the Subscribing Agency and individual Learner who may not assign or dispose of any of their rights hereunder or sub-contract or otherwise delegate any of their obligations hereunder.

15.2 We shall be entitled to assign the benefit and/or burden of the Contract to any person or company without requiring any consent of the Learner.

16. NOTICES AND SERVICE

16.1 Any notice or other information required or authorised by these Terms to be given by either party to the other may be given by hand or sent (by first class pre-paid post, fax transmission or email) to the other party at their address as stated in the last communication received from them.

16.2 Any notice or other information given by post which is not returned to the sender as undelivered shall be deemed to have been given on the third day after the envelope containing the same was so posted; and proof that the envelope containing any such notice or information was properly addressed prepared and posted and that it has not been so returned to the sender shall be sufficient evidence that such notice or information has been duly given.

16.3 Any notice or other information sent by fax transmission, email or comparable means of communication shall be deemed to have been duly sent on the date of transmission provided that a confirming copy thereof is sent by first class pre-paid post to the other party within 24 hours after transmission.

16.4 Service of any legal proceedings concerning or arising out of these Terms of the Contract may be effected by causing the same to be delivered to any address provided by the Student or its parent or legal guardian or to such other address as may from time to time be notified in writing by the party concerned.

17. GOVERNING LAW AND JURISDICTION

The interpretation and performance of these Terms and the Contract shall be subject in all respects to English law and the Learner, Visitor and any person who paid for a Learner hereby submits to exclusive jurisdiction of the English courts in respect of any difference or dispute that may occur as between the parties to this Contract in relation to this Contract or any other matter.

18. THIRD PARTY RIGHTS

The Contracts (Rights of Third Parties) Act 1999 is excluded from applying to this Contract and nothing in this Contract confers or purports to confer on any third party any benefit or any right to enforce any terms of this Contract.

19. CHANGES TO THE WEBSITE AND THESE TERMS

19.1 We may update or amend these Terms from time to time without notice to you. Any such changes will be posted to the Website.

19.2 We reserve the right to modify, suspend or discontinue all or any of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, either as a Learner or a Visitor, you agree to be bound by the terms of these updates and amendments.